301 Exclusion Requests

Forms and Documents

Document Name	Status
301 Exclusion Requests Form and Instruction	New
301 Exclusion RequestResponseReply Form.docx Supplementary Document	2019-05-15
301 supporting statement.docx Supporting Statement A	2019-05-15

IC Document Collections

IC ID	Document Title	Status
236094	301 Exclusion Requests Form and Instruction	New

ICR Details

OMB Control No: 0350-0015	ICR Reference No: 201905-0350-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: TRADEREP	Agency Tracking No:
Title: 301 Exclusion Requests
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/20/2019
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/14/2019
	Date Received in OIRA: 05/15/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	6 Months From Approved
Responses	70,000	0	0
Time Burden (Hours)	70,000	0	0
Cost Burden (Dollars)	7,000,000	0	0

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Abstract: The Office of the United States Trade Representative (USTR) is establishing a process by which U.S. stakeholders can request the exclusion of particular products classified within a covered tariff subheading from the additional duties on certain products from China that went into effect on September 21, 2018, and May 10, 2019. Requests for exclusion will have to identify a particular product and provide supporting data and the rationale for the requested exclusion. Within 14 days after USTR posts a request for exclusion, interested persons can provide a response with the reasons they support or oppose the request. Interested persons can reply to the response within 7 days after it is posted.

Emergency Justfication: An unanticipated event has occurred. The President determined to increase the tariffs on certain goods from China from 10% to 25% effective May 10, 2019. Public harm is likely to result if the normal clearance procedures are followed. The public will not be able to timely request exclusion of products from the increase tariffs on certain goods from China.

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Authorizing Statute(s): US Code: 19 USC 2411 Name of Law: Trade Act of 1974
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
301 Exclusion Requests	N/A	301 Exclusion Request/Response/Reply Form

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	70,000	0	0	70,000	0	0
Annual Time Burden (Hours)	70,000	0	0	70,000	0	0
Annual Cost Burden (Dollars)	7,000,000	0	0	7,000,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Office of the United States Trade Representative (USTR) is establishing a process by which U.S. stakeholders can request the exclusion of particular products classified within a covered tariff subheading from the additional duties on certain products from China that went into effect on September 21, 2018, and May 10, 2019. Requests for exclusion will have to identify a particular product and provide supporting data and the rationale for the requested exclusion. Within 14 days after USTR posts a request for exclusion, interested persons can provide a response with the reasons they support or oppose the request. Interested persons can reply to the response within 7 days after it is posted.

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Annual Cost to Federal Government: $9,700,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/15/2019

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