301 Exclusion Request/Response/Reply Form

Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation – Form to Request Exclusion of Product
______________________________________________________________________________

When submitting an exclusion request, enter the specified information in the following fields and explain the basis and rationale for your statements. Fields marked with an asterisk (*) are required.

By submitting this request for exclusion, you certify that the information provided is complete and correct to the best of your knowledge.

301 Exclusion Request Form

1. Contact Information

Full Organization Legal Name:

Requestor First Name:

Requestor Last Name:

Requestor Mailing Address

Street Address Line 1:

Street Address Line 2:

City:

State:

Zip Code:

Headquarters Country:

Requestor E-mail Address:

Requestor Phone Number:

Are you a third party, such as a law firm, trade association, or customs broker, submitting on behalf of an organization or industry? YES/NO

*Note: If you are submitting on behalf of an organization/industry, you must enter the information below.

Third Party Firm/Association Name:

Third Party First Name:

Third Party Last Name:

Third Party Mailing Address

Street Address Line 1:

Street Address Line 2:

City:

State:

Zip Code:

Third Party E-mail Address:

Third Party Phone Number:

Who is your importer of record?

Who will be the primary point of contact? (Select One):

• Requestor

• Third Party Submitter

• Requestor and Third Party Submitter
  
  
  

2. Please provide the 10-digit HTSUS item number* for the product you wish to address in this product exclusion request. A 10-digit HTSUS number is required.
*Use numerical characters only with no special characters (Example: 1023456789). For help with finding the HTSUS item number associated with your product, see https://hts.usitc.gov/.

3. Please provide a complete and detailed description of the particular product of concern.* (A detailed description of the product includes, but is not limited to, its physical characteristics (e.g., dimensions, weight, material composition, etc.), whether product is designed to function in or with a particular machine (application), and any unique physical features that distinguish it from other products within the covered 8-digit HTSUS subheading. If needed, please attach images and specification sheets, CBP rulings, court decisions, and previous import documentation below.) Please also describe the product’s principal use.

*USTR will not consider requests that identify the product using criteria that cannot be made available to the public. USTR will not consider requests in which more than one unique product is identified.

Product Name:

Product Description (e.g. dimensions, weight, material composition, etc.):

Product Function, Application, and Principal Use:

Please upload any relevant attachments that will help identify and distinguish your product (e.g. CBP rulings, photos and specification sheets, and previous import documentation):

4. Requestor’s relationship to the product (select all that apply):

• Importer

• U.S. Producer

• Purchaser

• Industry Association

• Other

5. Is this product, or a comparable product, available from sources in the United States? (If you indicate “NO” or “NOT SURE,” in the box below, you must explain why the product is unavailable or why you are unsure of the product’s availability.)

6. Is this product, or a comparable product, available from sources in third countries? (If you indicate “NO” or “NOT SURE,” in the box below, you must explain why the product is unavailable or why you are unsure of the product’s availability.)

7. Please discuss any attempts to source this product from United States or third countries.

8. Please provide the value in USD and quantity (with units) of the Chinese-origin product of concern that you purchased in 2017, 2018, and the first quarter of 2019. Limit this figure to the products purchased by your firm (or by members of your trade association). Please provide estimates if precise figures are unavailable.

2017 Value: 2017 Quantity: *Fillable unit box

2018 Value: 2018 Quantity: *Fillable unit box

2019 Q1 Value: 2019 Q1 Quantity: *Fillable unit box

Are the provided figures estimates?: YES/NO

Are any of these purchases from a related company? YES/NO

9. Please provide the value in USD and quantity (with units) of the product of concern that you purchased from any third-country source in 2017, 2018, and the first quarter of 2019. Limit this figure to the products purchased by your firm (or by members of your trade association). Please provide estimates if precise figures are unavailable.

2017 Value: 2017 Quantity: *Fillable unit box

2018 Value: 2018 Quantity: *Fillable unit box

2019 Q1 Value: 2019 Q1 Quantity: *Fillable unit box

Are the provided figures estimates?: YES/NO

10. Please provide the value in USD and quantity (with units) of the product of concern that you purchased from domestic sources in 2017, 2018, and the first quarter of 2019. Limit this figure to the products purchased by your firm (or by members of your trade association). Please provide estimates if precise figures are unavailable.

2017 Value: 2017 Quantity: *Fillable unit box

2018 Value: 2018 Quantity: *Fillable unit box

2019 Q1 Value: 2019 Q1 Quantity: *Fillable unit box

Are the provided figures estimates?: YES/NO

11. Please provide information regarding your company’s gross revenue in USD for 2018, the first quarter of 2018, and the first quarter of 2019.

Fiscal Year 2018:

First Quarter 2018:

First Quarter 2019:

Are the provided figures estimates?: YES/NO

12. Is the Chinese-origin product of concern sold as a final product or as an input used in the production of a final product or products?

1. For imports sold as final products, please provide:

% of your company’s total, U.S. gross sales in 2018 that the Chinese-origin product accounted for.

2. For imports of inputs used in the production of final products, please provide:

% of the total cost of producing the final product(s) the Chinese-origin input accounts for.

% of your company’s total, U.S. gross sales in 2018 that sales of the final product(s) incorporating the input accounts for.

13. Please comment on whether the imposition of additional duties (since September 2018) on the product you are seeking to exclude has resulted in severe economic harm to your company or other U.S. interests.

14. Please provide any additional information in support of your request, taking account of the instructions provided in Section [B] of the Federal Register notice.

15. Did you submit exclusion requests for the Section 301 $34 billion (Docket ID: USTR-2018-0025) and/or the $16 billion (Docket ID: USTR-2018-0032) tariff actions? YES/NO

Please enter the total value of your company’s imports applicable to the tariff action for which you submitted one or more exclusion request:

Initial $34 Billion Tariff Action:

Additional $16 Billion Tariff Action:

16. Please comment on whether the particular product of concern is strategically important or related to “Made in China 2025” or other Chinese industrial programs. You must explain in the box below why you believe the product of concern is or is not strategically important or related to “Made in China 2025” or other Chinese industrial programs.

17. Include any additional attachments that should be considered along with this exclusion request (e.g., customs rulings, court decisions, previous import documentation, etc.). Please do not include attachments that contain your written argument.

Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation – File a Response to an Exclusion Request
______________________________________________________________________________

When submitting a Response, enter the specified information in the following fields and explain the basis and rationale for your statements. Fields marked with an asterisk (*) are required.

By submitting this Response, you certify that the information provided is complete and correct to the best of your knowledge.

301 Exclusion Response Fields

1. Responder Information

Responder First Name*:

Responder Last Name*:

Organization Name:

Relationship to Requestor:

• Supplier

• Purchaser

• Competitor

• Subsidiary

• Industry Group

• State or Local Level Official

• Member of Congress

• Other (Please Specify):
  
  
  

2. Please state your position on the requestor’s product exclusion request.

• Support

• Oppose
  
  
  

3. Please provide a Response in the text field below. We encourage you to include information relevant to the criteria outlined in Section [B] of the Federal Register notice, particularly on the availability of the requested product. Your Response will be viewable to the Public. Please do not include Business Confidential Information in the provided field.*

4. Include any additional attachments that should be considered along with this Response. Attachments will be viewable to the Public. Please do not include attachments that contain Business Confidential Information.

Section 301 Investigation: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation – File a Reply to a Response
______________________________________________________________________________

When submitting a Reply, enter the specified information in the following fields and explain the basis and rationale for your statements. Any Reply must be posted within the later of 7 days after the close of the 14 day Response period, or 7 days after the posting of a Response. All Replies must clearly identify the specific Responses being addressed. Fields marked with an asterisk (*) are required.

By submitting this Reply, you certify that the information provided is complete and correct to the best of your knowledge.

301 Exclusion Reply Fields

1. Please enter your Reply in the text field below. Your Reply will be viewable to the Public. Please do not include Business Confidential Information in the provided field.*

2. Include any additional attachments that should be considered along with this Reply. Attachments will be viewable to the Public. Please do not include attachments that contain Business Confidential Information.

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