On October 2, 2019, the Office of the US Trade Representative (USTR)published in the Federal Register a notice granting additional product exclusions from $34 billion action (List 1/first tranche) assessing Sec. 301 tariffs imposed on products of Chinese origin. The notice (which had been previously posted on USTR’s website on September 27) covers additional exclusions for 92 specially prepared product descriptions, which cover 129 separate exclusion requests from the $34 billion action. USTR said it will continue to issue exclusion decisions as necessary. The notice also corrects errors by removing certain notes in the Harmonized Tariff Schedule of the United States (HTSUS).
As in prior exclusion notices, the exclusions are available for any product that meets the description in the Annex, 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 headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. The exclusions will apply as of the July 6, 2018 effective date of the $34 billion action, and extend for one year after the publication of the notice. US Customs and Border Protection will issue instructions on entry guidance and implementation.
Paragraph A, subparagraphs 1 and 2 of the Annex insert a new HTSUS 9903.88.19 and a new US note 20(x). Paragraph A, subparagraphs 3 – 5 are conforming amendments to the HTSUS reflecting the modification made by the Annex to the notice. Paragraphs B, C, D, and E of the Annex correct errors by removing U.S. notes 20(q)(115), 20(q)(132), 20(q)(133), and 20(q)(216) of subchapter III of chapter 99 of the HTSUS. These notes relate to HTSUS subheadings covered by other tariff actions, but they were placed in the annex to the notice published at 84 Fed. Reg. 49564 (September 20, 2019), which excluded products under HTSUS subheadings covered by the $34 billion action.
Also on October 2, 2019, the Office of the US Trade Representative published in the Federal Register a notice granting additional product exclusions from the Sec. 301 tariffs imposed under the 16 billion action (List 2) on products of Chinese origin. This notice (which had been previously posted on USTR’s website on September 27) covers additional exclusions for 111 specially prepared product descriptions, which cover 382 separate exclusion requests from the $16 billion. action (referred to as List 2 or the second tranche). USTR said it will continue to issue exclusion decisions as necessary. The notice also corrects errors by removing certain notes in the HTSUS.
As in prior exclusion notices, the exclusions are available for any product that meets the description in the Annex, 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 headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. The exclusions will apply as of the August 23, 2018 effective date of the $16 billion action, and extend for one year after the publication of the notice. US Customs and Border Protection will issue instructions on entry guidance and implementation. Paragraph A, subparagraphs 1 and 2 of the annex insert a new 9903.88.20, HTSUS and a new US note 20(y).
Paragraph A, subparagraphs 3–5 are conforming amendments to the HTSUS reflecting the modification made by the Annex. Paragraph B and C of the Annex correct errors by removing US notes 20(v)(55) and 20(v)(88) of subchapter III of chapter 99 of the HTSUS, as set out in the Annex to the notice published at 84 Fed. Reg. 49600 (September 20, 2019).
