Cargo Systems Messaging Service
CSMS #51166038 - UPDATED GUIDANCE: Modifications to the Harmonized Tariff Schedule of the United States – Section 301 China Remedy
This is an update to CSMS 50834787, issued January 27, 2022, providing guidance on new Section 301 modifications made to certain classifications within the Harmonized Tariff Schedule of the United States (HTSUS).
BACKGROUND
On December 23, 2021, the President issued Presidential Proclamation 10326, making modifications to the HTSUS pursuant to 19 U.S.C. 3005(a). See 86 FR 73593. The modifications maintain the duty treatment with respect to actions pursuant to Section 301 of the Trade Act of 1974, see Publication 5240.
On February 22, 2022, United States Trade Representative (USTR) made a technical modification removing HTS 2931.49.00 from Section 301 duties, effective January 27, 2022. See 87 FR 9785.
Additionally, CBP has updated ACE to add HTS 2202.99.91 to the list of tariff numbers that are subject to Section 301 duties as provided for under HTS 9903.88.03, effective January 27, 2022.
The functionality for the acceptance of the technical modifications in the Automated Commercial Environment (ACE) became available as of 7 a.m. Eastern Standard Time, February 22, 2022.
Corrective actions to be taken:
Importers who entered Chinese goods under HTS 2931.49.00 and paid Section 301 duties, as of January 27, 2022, should file PSCs correcting the entry summary line to remove HTS 9903.88.03 to obtain refunds of duties paid.
Importers who entered Chinese goods under HTS 2202.99.91 and did not pay additional Section 301 duties, as of January 27, 2022, should file Post Summary Corrections (PSCs) to correct their entries by adding HTS 9903.88.03 and properly pay Section 301 duties.
ADDITIONAL INFORMATION
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
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