Last Updated: November 2025

Section 301 Tariff Exclusion Process: Complete Guide

Quick Answer: Businesses can request Section 301 tariff exclusions by submitting a formal petition to the USTR demonstrating that their product is unavailable outside China, the tariff causes severe economic harm, or the product is not strategically important to Made in China 2025. Approved exclusions result in duty refunds for past imports and prospective relief for future shipments.

This comprehensive guide walks you through the entire Section 301 tariff exclusion process, from determining eligibility to submitting a successful application and claiming refunds.

November 2025 Update: The USTR periodically opens exclusion request windows. Check USTR.gov for the latest exclusion opportunities and deadlines. Some previously granted exclusions have been extended or reinstated.

Who Can Request an Exclusion?

Eligibility Requirements

Any U.S. business that imports products subject to Section 301 tariffs can request an exclusion. You must be able to demonstrate one or more of the following criteria:

Criterion 1: Availability Outside China

The product is not available from sources in the United States or third countries. You must prove you've made reasonable efforts to find alternative suppliers.

Criterion 2: Severe Economic Harm

The imposition of additional duties causes severe economic harm to you or other U.S. interests. This includes harm to U.S. manufacturers, workers, or consumers.

Criterion 3: Not Strategically Important

The product is not strategically important or related to "Made in China 2025" or other Chinese industrial programs. Products central to China's tech ambitions are unlikely to receive exclusions.

Important: You do NOT need to meet all three criteria. Successfully demonstrating ANY ONE of these criteria can result in an exclusion approval. However, stronger applications address multiple criteria.

Step-by-Step Application Process

1
Verify Product Eligibility

Before starting your application, confirm that your product is subject to Section 301 tariffs and that no existing exclusion covers it.

Action Items:

✓ Identify your product's 10-digit HTS code
✓ Check if the HTS code appears on List 1, 2, 3, or 4A
✓ Search existing exclusions at regulations.gov (Docket USTR-2018-xxxx)
✓ Verify your product specifications match or differ from existing exclusions

2
Gather Required Documentation

Compile comprehensive evidence to support your exclusion request. Strong applications include detailed documentation and quantitative data.

Documents to prove unavailability outside China:

• Written requests for quotes (RFQs) sent to suppliers in multiple countries
• Responses from suppliers indicating inability to supply
• Technical specifications showing unique Chinese manufacturing capabilities
• Market research reports on global supply chain
• Patent or proprietary technology documentation (if applicable)
• Statements explaining why alternatives are inadequate

3
Submit Your Exclusion Request

Submit your request through the Federal eRulemaking Portal (regulations.gov) during an open comment period announced by the USTR.

Important Timing Note

Exclusion request windows are time-limited. The USTR announces specific docket numbers and deadlines for each exclusion process. Missing a deadline means waiting for the next window.

Required Information in Your Submission:

1.10-digit HTS code for the product
2.Detailed product description (physical characteristics, dimensions, materials, functions, applications)
3.Annual quantity and value of imports (provide data for the most recent year)
4.Rationale for exclusion addressing at least one of the three criteria
5.Supporting documentation as attachments (RFQs, financial data, etc.)

Submission Portal

Visit www.regulations.gov and search for the relevant USTR docket number (e.g., USTR-2018-0032 for List 1 exclusions). Follow the "Comment" button to submit your request.

4
Public Comment & Objection Period

After submission, your exclusion request is published for public comment. Interested parties (including competitors, industry groups, or trade associations) can file objections.

Be Prepared to Respond: You will have an opportunity to file a rebuttal to any objections. Monitor regulations.gov for comments on your submission and respond promptly to strengthen your case.

Common Objections You May Face:

• Claims that alternative suppliers exist (with specific company names)
• Arguments that the product supports Made in China 2025 initiatives
• Assertions that granting exclusion would harm U.S. manufacturers
• Questions about the accuracy of your technical specifications

5
USTR Review & Decision

The USTR reviews all exclusion requests, objections, and rebuttals. The review process considers the strength of your evidence, public comments, and broader policy objectives.

If Approved

The USTR publishes the exclusion in the Federal Register with a specific effective date and end date (typically 1 year from approval). You can claim refunds for past imports and benefit from prospective relief.

If Denied

The USTR does not provide detailed explanations for denials. You may resubmit in future exclusion windows with stronger evidence or wait for policy changes.

Timeline: USTR typically takes 3-6 months to process exclusion requests from the close of the comment period to final decision.

6
Claim Your Refund

If your exclusion is granted, you can file for refunds on tariffs paid during the exclusion's retroactive period (typically from the date of your original exclusion request).

Refund Process:

1.File CBP Form 520 (Refund Application) or use the Automated Commercial Environment (ACE) portal
2.Provide entry numbers, dates, and amounts for all qualifying imports
3.Reference the Federal Register notice number granting your exclusion
4.Submit within 1 year of duty payment (statute of limitations)

Important: You must file for refunds within the statute of limitations. Work with a licensed customs broker to ensure proper filing and maximize recovery.

Tips for a Successful Application

✓ Do These Things

Provide highly specific product descriptions with technical details
Include quantitative data (dollar amounts, percentages, volumes)
Document your search for alternative suppliers thoroughly
Submit early in the comment window to allow time for responses
Consider hiring a customs attorney or trade consultant

✗ Avoid These Mistakes

Vague or generic product descriptions that could apply to many products
Failing to address all three exclusion criteria in your narrative
Not responding to objections filed by third parties
Submitting at the last minute without allowing for technical issues
Requesting exclusions for broad product categories rather than specific items

Common Questions

How long do exclusions last?

Exclusions are typically granted for 1 year from the date of approval, though some have been extended. The USTR specifies the exact effective date and expiration date in the Federal Register notice.

Can anyone use my granted exclusion?

Generally, yes. Most exclusions are product-specific (not company-specific), meaning any U.S. importer of a qualifying product can benefit. However, some exclusions include specific criteria that limit their applicability.

What is the approval rate for exclusions?

Approval rates have varied by list and timeframe, typically ranging from 10% to 40%. Applications with strong evidence addressing availability concerns and demonstrating economic harm have higher success rates.

How much does it cost to apply?

There is no government fee to submit an exclusion request. However, many businesses hire customs attorneys or consultants to prepare applications, which can cost $3,000-$15,000+ depending on complexity. For high-value imports, professional assistance often justifies the investment.

Need Help with Your Exclusion Request?

Learn more about Section 301 tariffs, calculate your potential savings, and access additional resources.

Last updated: November 15, 2025

Sources: USTR, Federal Register, U.S. Customs and Border Protection