• Deanna Clark-Esposito

Customs Updates: $16B Action Extension of First Round of Product Exclusions from China


BACKGROUND

On July 30, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 45949 to extend through December 31, 2020 certain product exclusions previously covered by the July 31, 2019 notice (see 84 FR 37381) for Section 301 duties on China (Tranche 2 - $16B Action).


These product exclusions relate to the imposed additional duties on Chinese goods with an annual trade value of approximately $16 billion. Duty exclusions granted by USTR for the extension are effective with respect to entries on or after July 31, 2020 and extend through December 31, 2020. 


The exclusions are available for any product that meets the description as set out in the Annex to 85 FR 45949, regardless of whether the importer filed an exclusion request.  Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS headings and product descriptions provided in the Annex to 85 FR 45949, not by the product descriptions set out in any particular request for exclusion.


The functionality for the acceptance of the extended product exclusions will be available in ACE as of 7 a.m. EST, August 6, 2020.


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 85 FR 45949, in addition to reporting the regular Chapter 39, 84, 85, 87, and 90 classifications of the HTSUS for the imported merchandise, as of July 31, 2020, importers shall report the HTSUS classification 9903.88.54 (Articles, the product of China, as provided for in U.S. note 20(ggg) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).

  • Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.54 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.


In situations where an importer has requested a product exclusion and the request is pending with the USTR, importers or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP.


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.

Information Provided by U.S. Customs and Border Protection.


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