CSMS #50980729 - UPDATED GUIDANCE: Section 301 China Conforming Amendment (Corrected)

U.S. Customs and Border Protection sent this bulletin at 02/09/2022 03:38 PM EST

Cargo Systems Messaging Service

CSMS #50980729 - UPDATED GUIDANCE: Section 301 China Conforming Amendment

This is an update to CSMS #50516041, issued December 27, 2021, providing guidance on amendments to previously granted and extended Section 301 exclusions. The updated date for the functionality for the acceptance of the amended product exclusions in the Automated Commercial Environment (ACE) is 7 a.m. Eastern Daylight Time, February 8, 2022.

BACKGROUND
These amendments were published by the U.S. Trade Representative (USTR) on December 7, 2021 in 86 FR 69350, technical amendments to U.S. notes 20(iii)(37), 20(qqq)(16) and 20(sss)(iii)(13) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) number 3401.30.5000, replacing it with HTSUS number 3401.11.5000 effective November 30, 2020.

POST SUMMARY CORRECTIONS
As noted in CSMS #50516041, importers who entered nonwoven wipes under HTSUS number 3401.30.5000 and claimed the exclusion from additional Section 301 duties, as of November 20, 2020, should file Post Summary Corrections (PSCs) to correct their entries and properly pay Section 301 duties.

Importers who entered nonwoven wipes under HTSUS number 3401.11.5000 and paid Section 301 duties, as of November 30, 2020, should file PSCs to obtain refunds on duties paid.

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a 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 Customs and Border Protection (CBP) is found in CSMS# 42566154.

Importers will have an additional 60 days from the publication date of this message to file PSCs. If importers do not correct their entries, Center personnel may change the impacted entries and rate advance them.

ADDITIONAL INFORMATION

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.

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Section 301 Tranches and Rounds chart 012822.pdf

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