Section 301 China – Exclusions Added
and Modified; Filing for Sept and
Oct 2019 Exclusion Extensions Instructions

June 25, 2020

On Jun 24, 2020, the USTR announced (85 FR 38001) an additional List 3 exclusion and 5 modifications to previously granted exclusions.

1.         Exclusions Added

Brokers, filers and imports are instructed to use HTSUS 9903.88.48 for the exclusion.

2.         Exclusion Modifications

The USTR has modified the following HTS language:

3.  List 2 ($16 billion) Extension Comments for Exclusions Granted September 2019

On June 25, 2020 the USTR published instructions (85 FR 38237) for comments to extend the exclusions granted in September 2019. These exclusions were retroactive to August 23, 2018 and are set to expire September 20, 2020. These 89 exclusions were originally published in 84 FR 49600 of September 20, 2019, and are exempt under HTS 9903.88.17.

On July 1, 2020 at 12:01 am ET the public docket on the web portal at will open at https://comments.USTR.gov. Comments must be submitted by July 30, 2020 11:59 pm ET.

4.  List 2 ($16 billion) Extension Comments for Exclusions Granted October 2019

On June 25, 2020 the USTR published instructions (85 FR 38143) for comments to extend the exclusions granted in September 2019.  These exclusions were retroactive to August 23, 2018 and are set to expire October 2, 2020.  Comments for exclusions were granted in the Federal Registers of October 2, 2019 (84 FR 52553).  These 111 exclusions are exempt under HTSUS 9903.88.20.

On July 1, 2020 at 12:01 am ET the public docket on the web portal at will open at
https://comments.USTR.gov.  Comments must be submitted by July 30, 2020 11:59 pm ET.

5.  List 4 ($300 billion) Extension Comments for Exclusions Granted March-June 2020

On June 25, 2020, the USTR pre-published notice (official notice to be published in the June 26, 2020 Federal register) of instructions to request extension exclusions granted on the following Federal Registers:

• 85 FR 13970 (March 10, 2020) 8 exclusions; utilizes HTS 9903.88.39
• 85 FR 15244 (March 17, 2020) 19 exclusions; utilizes HTS 9903.88.42
• 85 FR 17936 (March 31, 2020) 12 exclusions; utilizes HTS 9903.88.44
• 85 FR 28693 (May 13, 2020) 8 exclusions; utilizes HTS 9903.88.47
• 85 FR 35975 (June 12, 2020) 34 exclusions; utilizes HTS 9903.88.49

On July 1, 2020 at 12:01 am ET the public docket on the web portal at will open at
https://comments.USTR.gov. Comments must be submitted by July 30, 2020 11:59 pm ET.

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

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

If you have questions about filing an exclusion request, 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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