Section 301 Exclusion Request: How to File

Section 301 exclusions are filed through USTR during periodic exclusion windows. Filings include a detailed product description, HTS classification, U.S. industry impact narrative, and alternative-sourcing analysis. Approval rates have varied by exclusion round (typically 5-30%). Active exclusions provide refund eligibility for retroactive duty paid during the exclusion period.

This guide covers Section 301 Exclusion Request: How to File. The Section 301 program targets China-origin goods at rates of 7.5-25% across Lists 1-4A, with periodic exclusion processes.

For SMB importers paying Section 301, mitigation options include reclassification, supply-chain shifts, USMCA qualification on Mexican production, and exclusion requests where available.

When exclusion windows open

USTR opens exclusion windows periodically. Each window has specific eligibility criteria, filing deadlines, and product scope.

Filing requirements

Product description (technical specifications), HTS classification, U.S. industry impact narrative (alternative sourcing analysis, U.S. production capacity, severe economic harm if no exclusion).

Approval factors

Active U.S. industry opposition typically defeats exclusion requests. Strong alternative-sourcing-failure documentation supports approval. Active U.S. production of identical goods is the most common rejection reason.

What an approved exclusion provides

Removes Section 301 duty for the specified HTS subheading and product description for the duration of the exclusion. Retroactive refund eligibility for duty paid during the active period.

Frequently asked questions

Does Section 301 still apply in 2026?

Yes. Section 301 has no statutory expiration and continues in force. The current administration has indicated periodic adjustments but not termination.

Can I file a Section 301 exclusion request?

Periodic exclusion processes have run since 2018; the current process status varies. We track active and pending exclusion windows.

How does Section 301 stack with Section 122?

Both apply to China-origin goods. Section 122 (15%) plus Section 301 (List-specific 7.5-25%) plus base MFN. Effective rates often 22-42%.

Can shifting from China to Vietnam or Mexico help?

Yes – provided substantial transformation actually occurs in the new origin country. Misclaimed origin exposes you to retroactive Section 301 plus Section 1592 penalties.

How do you help with Section 301 work?

We run classification audits, supply-chain shift feasibility analyses, USMCA qualification reviews, and exclusion requests. Engagements typically $5,000-$15,000 fixed-fee per project.