Cargo Systems Messaging Service

CSMS #51469298 - GUIDANCE: Section 301 China Reinstatement of Certain Exclusions

The purpose of this message is to provide guidance regarding the retroactive reinstatement of certain exclusions to China 301 trade remedies from October 12, 2021 through December 31, 2022.

BACKGROUND

On March 28, 2022, the United States Trade Representative (USTR) published 87 FR 17380 retroactively reinstating certain exclusions with respect to certain goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, and before 11:59 p.m. eastern daylight time on December 31, 2022.

87 FR 17380 announces the USTR extension of 137 exclusions covered under Section 301 List 1, 59 exclusions on List 2, 266 exclusions on List 3, and 87 exclusions on List 4.

The reinstated exclusions can be claimed using Harmonized Tariff Schedule of the United States (HTSUS) classification 9903.88.67 and are available for any product that meets the description in the product exclusion as set out in Annex A to 87 FR 17380.  In particular, the scope of each exclusion is governed by the scope of the ten-digit HTSUS subheadings and product descriptions in Annex A to 87 FR 17380.

The functionality for the acceptance of the reinstated product exclusions will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, April 7, 2022.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below:

Per 87 FR 17380 Annex A, in addition to reporting the regular Chapters 03, 05, 16, 29, 34, 38, 39, 40, 42, 48, 50, 51, 52, 54, 55, 56, 57, 58, 60, 61, 62, 63, 65, 68, 69, 70, 73, 75, 76, 82, 83, 84, 85, 86, 87, 90, 91 and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.67 (Articles, the product of China as provided for in U.S. note 20 (ttt) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).

Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS subheading 9903.88.67 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. 

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 HTSUS when 98 or 99 HTSUS 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.  For questions related to Section 301 entry-filing requirements, please refer to CSMS message 40969690 Information on Trade Remedy Questions and Resources.

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