CSMS # 63114152 - GUIDANCE: Section 301 China Conforming Amendment

U.S. Customs and Border Protection sent this bulletin at 11/20/2024 04:38 PM EST

Cargo Systems Messaging Service

CSMS # 63114152 - GUIDANCE: Section 301 China Conforming Amendment

The purpose of this message is to provide guidance regarding the amendment of Section 301 China duties and product exclusions to conform with certain changes to the Harmonized Tariff Schedule of the United States (HTSUS).

BACKGROUND

On August 6, 2024, the Office of the U.S. Trade Representative (USTR) published Federal Register Notice (FRN) 89 FR 64038 making a conforming amendment to one previously reinstated Section 301 exclusion, replacing HTSUS classification 3926.90.9985 with HTSUS classification 3926.90.9989 effective July 1, 2024. This FRN sets forth an amendment in order to conform with certain changes to ten-digit statistical reporting categories of the HTSUS effective July 1, 2024.

The amendment found in the Annex impacts U.S. notes 20(vvv)(iv)(10) and 20(vvv)(iv)(11) to subchapter III of chapter 99 of the HTSUS, as set out in the Annex at 89 FR 46948 (May 30, 2024), and went into effect July 1, 2024. The Automated Commercial Environment (ACE) functionality for the acceptance of the conforming amendment was effective as of August 13, 2024, 7:00 AM Eastern Time.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to U.S. Customs and Border Protection (CBP) containing Section 301 duty and exclusion related to this amendment is set out below:

U.S. note 20(vvv)(iv)(10) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified to read:
- Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020; described in statistical reporting number 3926.90.9989 effective July 1, 2024)
U.S. note 20(vvv)(iv)(11) (9903.88.69) to subchapter III of chapter 99 of the HTSUS has been modified to read:
- Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020; described in statistical reporting number 3926.90.9989 effective July 1, 2024)

Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS 9903.88.69 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 or requesting an extension of liquidation for pending product exclusion requests is found in Cargo Systems Messaging Service (CSMS) 42566154.

Specifically, if importers enter Chinese goods during the period July 1 through August 12, 2024, subject to the conforming amendment under HTSUS classification 9903.88.69, and pay Section 301 duties, importers should file a PSC on or after August 13, 2024, to obtain a refund of duties paid.

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. The Section 301 Tranches and Rounds Chart 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 Office of Trades’ Trade Remedy branch via email to traderemedy@cbp.dhs.gov. Operational questions may be directed to Trade Operations Division Program Manager Heather Lutz at heather.m.lutz@cbp.dhs.gov. The Section 301 Tranches and Rounds Chart is attached.

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Section 301 Tranches and Rounds chart 09302024.pdf

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