On February 3, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is extending for 75 days China Section 301 tariff exclusions for 81 medical products. The medical products were previously deemed as needed for the COVID-19 pandemic and granted exclusions from additional tariffs. The current exclusions were scheduled to expire on February 28, 2023; they will now be extended through May 15, 2023.

The 75-day deadline extension will allow the USTR to seek public comment on whether these particular exclusions should be extended beyond May 15, 2023. In its notice, the USTR stated that “the rates of infection of COVID in the United States continue to fluctuate. … Domestic production of certain products covered by these exclusions also has increased.” The  USTR is seeking public comment on whether to extend any of the China Section 301 tariff exclusions for these 81 Chinese-origin COVID-19 products up to another six months. Public comments will be accepted from February 6 through March 7, 2023, and must be submitted through USTR’s online portal at https://comments.ustr.gov/ under Docket No. USTR-2023-0001.

For more details on past China Section 301 tariff exclusion extensions for COVID-19 products, see Update of November 28, 2022.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.