Section 301 China Exclusions - Reinstatement of Previously Excluded HTS Codes

March 24, 2022

On March 23, 2022, the USTR published notice of the reinstatement of 352 previously excluded products with a new Chapter 99 designation of 9903.88.67. The USTR also updated the U.S. Note 20 designations:

  • List 1: 89 reinstatements U.S. Note 20(ttt)(i)
  • List 2: 34 reinstatements U.S. Note 20(ttt)(ii)
  • List 3: 187 reinstatements U.S. Note 20(ttt)(iii)
  • List 4: 42 reinstatements U.S. Note 20(ttt)(iv)

The reinstated product exclusions announced in this notice will apply as of October 12, 2021 and extend through December 31, 2022. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation. These reinstatements will apply to goods entered for consumption or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, that are not liquidated or to entries that are liquidated but within the time period for protest (180 after the date of liquidation).

Our Updated Comprehensive List Of Exclusions, which we normally include with our newsletters, is not completed yet due to the large number of changes wrought by this notice. We will send out a newsletter with a link to the spreadsheet of exclusions once all the updates have been completed. We’ll also put a link up on our homepage to the list once the updates are complete.

If you have questions about filing a court action on the List 3 or List 4A exclusions, seek 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 415-288-0428.

 

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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Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

 

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