CSMS # 58869963 - GUIDANCE: Extension of Section 301 China Product Exclusions

U.S. Customs and Border Protection sent this bulletin at 12/29/2023 11:23 AM EST

Cargo Systems Messaging Service

CSMS # 58869963 - GUIDANCE: Extension of Section 301 China Product Exclusions

The purpose of this message is to provide guidance on the further extension of the 352 reinstated Section 301 exclusions and 77 COVID-related Section 301 exclusions until May 31, 2024.

BACKGROUND

On December 26, 2023, the United States Trade Representative (USTR) issued press release: USTR Extends Exclusions from China Section 301 Tariffs to Allow for Comments on a Review of the Exclusions and Alignment with Four-Year Review | United States Trade Representative, extending the 429 product specific exclusions still in effect (352 reinstated exclusions and 77 COVID-related exclusions) through May 31, 2024. See 88 FR 90225.

The 352 reinstated Section 301 product exclusions are listed in Annex A to FRN 87 FR 17380. The 77 COVID-related exclusions are listed in Annex B to FRN 88 FR 31580.

Automated Commercial Environment (ACE) functionality for the acceptance of the extended product exclusions will be available on January 4, 2024, as of 7 am eastern standard time.

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:

U.S. notes 20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) are modified by deleting ‘‘January 1, 2024,’’ and by inserting ‘‘June 1, 2024,’’ with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2024, and before 11:59 p.m. eastern daylight time on May 31, 2024.
- Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.67 is submitted.
U.S. notes 20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) are modified by deleting ‘‘January 1, 2024,’’ and by inserting ‘‘June 1, 2024,’’ with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2024, and before 11:59 p.m. eastern daylight time on May 31, 2024.
- Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.68 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.

Specifically, if importers enter Chinese goods during the gap period, January 1 through January 3, 2024, subject to the extended exclusions under HTSUS 9903.88.67 or HTSUS 9903.88.68, and pay Section 301 duties, importers should file a PSC on or after January 4, 2024 to obtain a refund of duties paid.

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 #CSMS #52417905 (Information on Trade Remedy Questions and Resources) CSMS #52417905 - UPDATE: Information on Trade Remedy Questions and Resources (govdelivery.com).

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Section 301 Tranches and Rounds chart 122123.pdf

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