On October 24, 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 additional product exclusions from the $200 billion action (List 3/third tranche) assessing Sec. 301 tariffs imposed on products of Chinese origin.
As set out in the Annex to the notice, the exclusions are reflected in 83 specially prepared product descriptions, which cover 95 separate exclusion requests.
Paragraph A, subparagraphs 1 and 2 of the Annex create a new subheading 9903.88.33 and US note 20(ll) for the exclusions. In accordance with the June 24 notice, 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 product descriptions in the Annex, and not by the product descriptions set out in any particular request for exclusion.
Paragraph A, subparagraphs (3)–(5) are conforming amendments to the HTSUS reflecting the modification made by the Annex.
Paragraph B is a technical correction to the HTSUS modifying US note 20(a) to subchapter III of chapter 99. As stated in the September 20, 2019 notice, the exclusions will apply from September 24, 2018, to August 7, 2020.
US Customs and Border Protection will issue instructions on entry guidance and implementation. USTR will continue to issue determinations on pending requests on a periodic basis.