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On Monday, March 23, 2020, the USTR issued a Federal Register Notice requesting public comments for possible further modifications to remove Section 301 duties from additional medical care products. The official notice was published today and you can find it here: https://www.govinfo.gov/content/pkg/FR-2020-03-25/pdf/2020-06285.pdf.

There are three key points that importers should be aware of.

  1. This request for public comments is for goods that might be used to fight COVID-19 in addition to the exclusions for medical products that USTR has already granted.
  2. This could potentially be another opportunity for importers because comments may be submitted “regardless of whether the product is subject to a pending or denied exclusion request.” The requestor will need to show “precisely how the product relates to the response to the COVID-19 outbreak,” for example by treating it, limiting the outbreak, or using it to produce medical-care products.
  3. While June 25th is the deadline for submitting comments, they should be submitted as soon as possible, as USTR says it will review them “on a rolling basis.”

To facilitate timely consideration of possible modifications, interested parties should submit comments as promptly as possible.

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