CBP ACE Messaging Service

CAMS # 55230368 - GUIDANCE: Extension of Covid-19 Section 301 China Product Exclusions

The purpose of this memorandum is to provide guidance on extending the 81 medical-care COVID-19 related Section 301 product exclusions.

BACKGROUND

On February 7, 2023, United States Trade Representative (USTR) published 88 FR 8027 extending the COVID-19 related Section 301 product exclusions until May 15, 2023.  USTR is extending these exclusions to allow for USTR to consider public comments on whether to further extend these exclusions.

The exclusions listed are available for any product that meets the description as set out in Annex B to 86 FR 63438, regardless of whether the importer filed an exclusion request.  Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS classification and product descriptions provided in the Annexes to 86 FR 63438, not by the product descriptions set out in any particular request for exclusion. 

The functionality for the acceptance of the extended product exclusions will be available in the Automated Commercial Environment (ACE) as of 7 am eastern standard time, February 14, 2023.

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:

• The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.66 and U.S. notes 20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 87 FR 73383 (November 29, 2022). The extension is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 1, 2023, and before 11:59 p.m. eastern daylight time on May 15, 2023. Effective on March 1, 2023, the article description of heading 9903.88.66 of the HTSUS is modified by deleting “February 28, 2023” and by inserting “May 15, 2023” in lieu thereof.
   
• Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.66 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 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 should be sent to the Trade Remedy branch via email to traderemedy@cbp.dhs.gov.

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