Section 301 China – Section 232 and 301
Extension Request, PSCs and Protests, Oh My!

May 4, 2020

List 1 Exclusions Set to Expire July 9, 2020

The USTR announced on April 30, 2020 (85 FR 24081) its request for comments concerning a possible extension of exclusions for products on the Sixth Set of Exclusions, which are scheduled to expire on July 9, 2020. These exclusions used HTS 9903.88.11 and covered 110 products under specific HTS subheadings. See 84 FR 32821 of July 9, 2019 for a list of the items. 

Parties wishing to comment on whether a specific exclusion should be extended until July 9, 2021 must submit comments through the USTR portal at https://comments.USTR.gov. The portal is open from May 1, 2020 until June 1, 2020 at 11:59 pm ET, with the appropriate docket number to file comments being USTR-2020-0017.

List 2 Exclusions to Expire July 31, 2020

The USTR announced on April 30, 2020 (85 FR 24076) its request for comments concerning the possible extension of exclusions for products which are scheduled to expire on July 31, 2020. Entries made under this exclusion used HTS 9903.88.12 and covered 69 products under specific HTS subheadings. See 84 FR 37381 of July 31, 2019 for a list of the items.

Parties wishing to comment on whether a specific exclusion should be extended until July 31, 2021 must submit comments through the USTR portal at https://comments.USTR.gov. The portal is open from May 1, 2020 until June 1, 2020 at 11:59 pm ET. The appropriate docket number to file comments for this action is USTR-2020-0018.

List 3 Exclusions to Expire August 7, 2020 Includes All
Exclusions Granted from August 2019 through March 2020

The USTR announced on its website on May 1, 2020 its request for comments concerning the possible extension on the 11 product exclusion notices granted from August 7, 2019 to March 26, 2020. These are scheduled to expire on August 7, 2020. 

The Federal Register notices of exclusions are as follows:

If an exclusion was amended or correct by a later Federal Register notice, the extension comments must be submitted referencing the original published notice.

Parties wishing to comment on whether a specific exclusion should be extended until August 7, 2021 must submit comments through the USTR portal at https://comments.USTR.gov. The portal is open from May 1, 2020 until June 8, 2020 at 11:59 pm ET. The appropriate docket number to file comments for this action is USTR-2020-0015.

CSMS #42566154 on Section 232 & 301 Extensions Requests, PSCs and Protests

Customs published CSMS #42566154 on May 1, 2020 to update its guidelines issued in CSMS 19-000260 of May 22, 2019. These CSMSs concerning the process for submitting retroactive claims for either Section 232 or 301 product exclusions. The message provides information Trade may take to preserve and/or extend the timeframes in which corrective action can be filed on entry summaries and product exclusion requests submitted to the DOC or USTR, where a decision on a requested exclusion has not been issued.

Product exclusions under both 232 and 301 are granted retroactively to unliquidated entries and for entries that are liquidated but where liquidation is not yet final and the protest period has not expired.

• Unliquidated entries - Refunds can be requested by filing an PSC
• Unliquidated entries - Where a product exclusion has been granted, the PSC can be submitted up to 15 days prior to scheduled liquidation (which is generally within 300 days from the date of filing of the entry summary)
• Where entries have been liquidated, refunds can be requested through the filing of a protest if the time for protest has not expired (180-days after the date of liquidation).

The importer may also request an extension of liquidation if the exclusion request is pending. Importers/filers may submit an extension request via paper or electronic format to the appropriate Center of Excellence and Expertise. 

• Approved requests are valid for one year.
• When the exclusion is granted, a PSC should be submitted to request the refund.
• If the exclusion is not granted, no further action should be taken.

Visit our website site for the comprehensive EXCLUSION LIST, which includes all exclusions granted and technical amendments, corrections to typographic and/or ministerial errors to date.

If you have questions about the above processes, seeking a refund of past duties paid under Sec. 301, and/or discussing Sec. 301 duty avoidance strategies, such as use of country of origin transference or use of “First Sale” valuation, contact George R. Tuttle, III at geo@tuttlelaw.com or at 415-254-5986.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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