CSMS # 53676220 - GUIDANCE: Section 301 China Technical Amendments to Section 301 Exclusions

U.S. Customs and Border Protection sent this bulletin at 10/18/2022 03:52 PM EDT

Cargo Systems Messaging Service

CSMS # 53676220 - GUIDANCE: Section 301 China Technical Amendments to Section 301 Exclusions

The purpose of this message is to provide guidance on Section 301 technical amendments to the Harmonized Tariff Schedule of the United States (HTSUS) to two Section 301 exclusions under HTSUS 9903.88.67.

BACKGROUND

On October 14, 2022, the U.S. Trade Representative (USTR) published 87 FR 62486 making two technical amendments to HTSUS 9903.88.67. These amendments apply as of October 12, 2021 and extend through December 31, 2022.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to U.S. Customs and Border Protection (CBP) containing Section 301 exclusions related to these amendments are set out below:

The annex in 87 FR 62486 makes two technical amendments to the HTSUS to U.S. notes 20(ttt)(iii)(50) and 20(ttt)(iii)(51) to subchapter III of chapter 99 of the HTSUS 9903.88.67.

Note 20(ttt)(iii)(50) (9903.88.67) is modified by deleting “each measuring not more than 98 cm by 52 cm by 17 cm,”.
Note 20(ttt)(iii)(51) (9903.88.67) is modified by deleting “each measuring not more than 81 cm by 39 cm by 11 cm,”.

Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.67 is submitted. These amendments apply retroactively as of October 12, 2021 and extend through December 31, 2022.

Importers may submit a post summary correction to request a refund of duties for any entries filed during the effective period of the exclusion per 87 FR 62486, 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.

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. This chart has been updated to include the dates that each Section 301 exclusion is currently scheduled to terminate.

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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Section 301 Tranches and Rounds chart 101722.pdf

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