CSMS #43828656 - GUIDANCE: Section 301 Tranche 3 - $200B Product Exclusions and Technical Amendments

U.S. Customs and Border Protection sent this bulletin at 09/01/2020 11:53 AM EDT

Cargo Systems Messaging Service

CSMS #43828656 - GUIDANCE: Section 301 Tranche 3 - $200B Product Exclusions and Technical Amendments

BACKGROUND

On August 24, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 52188, announcing additional product exclusions and technical amendments to previously announced product exclusions under Section 301 related to goods from China (Tranche 3 - $200B Action).

These amendments relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion. The USTR has granted two new product exclusions to be added to exclusion round 9903.88.48 under Section 301 Tranche 3 - $200B announced in 85 FR 32094. Technical amendments relate to product exclusion rounds 9903.88.33, 9903.88.38, and 9903.88.46, announced in 84 FR 57803, 85 FR 6674, and 85 FR 27489, respectively.

The product exclusions and technical amendments will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.

The functionality for the acceptance of the imported merchandise covered by these product exclusions and technical amendments from China excluded from the Section 301 Tranche 3 - $200B Action will be available in the Automated Commercial Environment (ACE) as of 7 a.m. eastern daylight time, September 3, 2020.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to Customs and Border Protection (CBP) that are affected by the additional product exclusions and technical amendments from the Section 301 measures as set out in 85 FR 52188 are provided below.

For the additional product exclusions to U.S. note 20(aaa) covered under 9903.88.48: In addition to reporting the regular Chapters 38 and 42 classifications of the HTSUS for the imported merchandise as listed in 85 FR 52188, importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when the 9903.88.48 exclusion number is submitted.
For the listed technical amendments to U.S. note 20(ll) covered under the 9903.88.33 product exclusion round, U.S. note 20(qq) covered under the 9903.88.38 product exclusion round, or U.S. note 20(yy) covered under the 9903.88.46 product exclusion round, importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when the applicable exclusion 99 number 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.

Duty exclusions granted by the USTR under this exclusion are retroactive for imports on or after the initial effective date of September 24, 2018. 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.

For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.

Related Messages: CSMS # 43751936, 43656381, 43600625, 43534641, 43400564, 43401456, 43134617, 43044185, 43043838, 42839255, 42837261, 42693720, 42566220, 42355914, 42203908, 42219187, 42181055, 42180527, 42048963, 41955151, 42049352, 48134749, 40003027, 40002982, 40001360, 19-000052, 41702837, 41179115, 41052773, 41538917, 40984510, 40901928, 49710742, 40330403, 40208881, 40969690, 40564257, 39587690, 39587858, 39473933, 39268267, 39169565, 38840764, 19-000332, 19-000260, 19-000244, 19-000238, 19-000236, 19-000212

Section 301 Tranches and Rounds chart 082620.pdf

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