The United States Trade Representative (USTR) has opened applications for its new exclusions process, which would temporarily omit certain machinery from recent changes to Section 301 Chinese tariff increases. All requests must be submitted by March 31, 2025. 

These tariff increases, which were the result of a four-year investigation that started under former President Donald Trump, were put into place to “target the harmful policies and practices of the People’s Republic of China that continue to impact American workers and businesses,” said United States Trade Representative Katherine Tai.

  • The USTR finalized these modifications in mid-September, and most changes went into effect later that month. 


What Type Of Machinery Is Excluded? 

Certain types of machinery used for domestic manufacturing and classified within a subheading under chapters 84 and 85 of the Harmonized Tariff Schedule of the United States (HTSUS) can be temporarily excluded from the tariff increases. The USTR proposed exclusions for over 300 categories of domestic machinery and solar manufacturing equipment.  

Products eligible for exclusion include certain electric vehicles, semiconductors, batteries, magnets, medical gloves, steel and aluminum conductors, solar cells, face masks, cranes, syringes and needles and more. 

Exclusion Request Requirements 

According to the USTR, all exclusion requests must include: 

  • The 10-digit HTSUS subheading number. 
  • A detailed description of the machinery, which can include descriptors like unit value or physical characteristics. 
  • If the machinery will be used for domestic manufacturing, how the equipment will be used and in what manufacturing sector. 
  • Whether the product is subject to an antidumping or countervailing duty order issued by the U.S. Department of Commerce. 
  • Whether the equipment is available from U.S. or third country sources, and details of any attempts to obtain the equipment from these alternate sources. 
  • Whether the machinery was purchased from the U.S. or a third country source within the past five years, and why it’s no longer available from the source. 
  • Whether the machinery is important or related to any Chinese industrial programs, like “Made in China 2025.” 
  • If applicable, any documents showing grant funding from a federal investment program related to domestic manufacturing. 


Background On Tariff Changes 

The USTR made the investigation public in May and received over 1,100 public comments on the proposed changes, which were considered as a part of the final review process.  

The tariffs were put in place after an inquiry found China participated in several practices that were suspicious or unfairly burdened the U.S. Several types of products were previously granted temporary exclusions, but this expired on May 31, affecting over 200 types of goods.