This is a friendly reminder that the List#3 exclusion process opened on June 30, 2019. The deadline for submitting exclusions is September 30, 2019. We highly recommend that importers who are seeking an exclusion hire a knowledgeable trade attorney to assist with the exclusion process. Feel free to contact us for introductions to experienced attorneys.
Please note that the U.S. government is still reviewing the List#1 and List#2 exclusions. It may take the U.S. government some time to get to processing the List#3 exclusions. If an importer does choose to file a List#3 exclusion, please make sure to let your customs broker know. It is important that the customs broker file a protest on subject entries to preserve the importer’s right to claim back duties if the exclusion is eventually granted. Failure to file a timely protest (within 180 days of entry) would result in the importer losing the right to claim back duties.
List#1 & 2 Exclusions
As Customs continues to deny and grant exclusions from list#1 and #2, it is important that importers stay up to date on approved exclusions regardless of whether or not they were the ones that filed the exclusion. Any exclusion granted is open and available to all importers to use as long as the imported product meets the guidelines of the exclusion. The breadth of the exclusions requests is such that most customs brokers will not be able to follow up and connect every exclusion with every import that they handle. The onus therefore is on the importer to stay up to date on exclusions.
Here are some links that can help importers stay up to date (note that the USTR continues to chance and adjust links on a regular basis):
List#1 – USTR website with links to List#1 information.
List#1 – Exclusion request status spreadsheet – this spreadsheet shows the status of all list#1 exclusions
List#2 – USTR website with links to List#2 information
LIst#2 – Exclusion request status spreadsheet – this spreadsheet shows the status of all list#2 exclusions
List#3 – USTR website with links to List#3 information