China may soon announce a product exclusion process for the retaliatory tariffs that it imposed on certain US-origin goods in response to the recent US Section 301 tariffs. (For background information, please see our In Brief China Considers Product Exclusion Process for Section 301 Retaliatory Tariffs.) Chinese stakeholders, including companies and trade associations, affected by China's Section 301 retaliatory tariffs should be able to apply for exclusion of a specific product through this process. The application period may be limited to approximately one and a half months after the official announcement. The third batch of Chinese retaliatory tariffs, which took effect September 24, 2018, is unlikely to be covered by the forthcoming product exclusion process. The process will likely consist of five procedural steps: (1) online application, (2) preliminary examination by a chamber relevant to international commerce, (3) final determination by China's State Council Tariff Commission Office, (4) final announcement by the State Council and (5) implementation by Chinese Customs, including potential duty refunds. These details are subject to change until an official announcement is made.
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