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Extension of Section 301 China Product Exclusions

Posted on by Staff Writer
11
Jul
CSMS # 61247712 – GUIDANCE: Extension of Section 301 China Product Exclusions

The purpose of this message is to provide guidance on the 14-day transition period extending 429 product specific exclusions (352 previously reinstated exclusions and 77 COVID-related) through June 14, 2024, and extending certain exclusions through May 31, 2025.

BACKGROUND
On May 30, 2024, United States Trade Representative (USTR) published Federal Register Notice (FRN) 89 FR 46948 to provide a 14-day transition period for exclusions listed in Annex A and B, extending them through June 14, 2024, and to further extend exclusions listed in Annex C through May 31, 2025. The 429 product specific exclusions scheduled to expire on May 31, 2024, and extended through June 14, 2024, are listed in Annex A and B to FRN 89 FR 46948. Those exclusions receiving further extension are listed in Annex C to FRN 89 FR 46948 are extended through May 31, 2025.

Automated Commercial Environment (ACE) functionality for the acceptance of the current exclusions listed in Annex A and B is immediately available; functionality for the acceptance of Annex C exclusions will be available on June 13, 2024, as of 7 am eastern daylight time.

GUIDANCE
Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below, per FRN 89 FR 46948.

Per Annex A, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.67 and U.S. notes 20(ttt)(i-iv) of the HTSUS is modified by deleting “May 31, 2024,” and by inserting “June 14, 2024.”Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.67 is submitted.

Per Annex B, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.68 and U.S. notes 20(uuu)(i-iv) of the HTSUS is modified by deleting “June 1, 2024,” and by inserting “June 15, 2024.”Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.68 is submitted.

Per Annex C, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 15, 2024, and before 11:59 p.m. ET on May 31, 2025, the article description of heading 9903.88.69 and U.S. notes 20(vvv)(i-iv) of the HTSUS is inserted in numerical sequence by adding “9903.88.69.”Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.69 is submitted.

ADDITIONAL INFORMATION
Imports which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154.Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached.

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Staff Writer