On November 26, 2019, the Office of the US Trade Representative (USTR) posted on its website, an advance copy of a notice to be published in the Federal Register granting exclusions to 32 specially prepared product descriptions, which cover 39 separate requests for exclusion from the $200Bn Action.

In accordance with the June 24 notice establishing an exclusion process for Tranche 3 (84 Fed. Reg. 29576), the exclusions are available for any product that meets the description in the Annex to the notice, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion.

  • Paragraph A subparagraphs (1) and (2) of the Annex to the notice establish the HTS subheading 9903.88.35 and a new US note 20(nn) to subchapter III of chapter 99 covering the exclusions.
  • Paragraph A, subparagraphs (3)–(5) of the Annex to the notice are conforming amendments to the HTSUS reflecting the modification made by the Annex.
  • Paragraph B, subparagraph (1) is a typographical correction of U.S. note 20(ll)(23) to subchapter III of chapter 99 of the HTSUS that modifies the unit of measurement published in the annex to the notice published at 84 Fed. Reg. 57803 (October 28, 2019).
  • Paragraph B, subparagraphs (2)–(5), make conforming amendments to note 20(g) published at 83 Fed. Reg. 47974 (September 21, 2019), note 20(ll) published at 84 FR 57803 (October 28, 2019), note 20(mm) published at 84 Fed. Reg. 61674 (November 13, 2019), and heading 9903.88.04 of the HTSUS published at 83 Fed. Reg. 47974 (September 21, 2019).

As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020. CBP will issue instructions on entry guidance and implementation. USTR will continue to issue determinations on pending requests on a periodic basis.