On February 25, 2020, the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to grant an additional exclusion request from the $16 Bn action (List or Tranche 2) against Chinese products under Sec. 301., as specified in a specially prepared product description, found in Paragraph A of the Annex to the notice, and to make a technical amendment to a previously granted exclusion. As with prior List 2 exclusion notices, the product exclusion will apply as of the August 23, 2018 effective date of the $16 billion action, and will extend through October 1, 2020. The technical amendment announced in this notice applies to the time period established for the original exclusion, that is, retroactive to the original date of October 2, 2019, and ending on October 1, 2020 at 11:59 p.m. EDT. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.
In accordance with the notice announcing the exclusion procedure, an exclusion is available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of the exclusion is governed by the scope of the 10-digit HTSUS subheading and product description in the Annex to this notice, and not by the product description set out in any particular request for exclusion.
Subparagraph B of the Annex makes a technical amendment to U.S. note 20(y)(2) to subchapter III of chapter 99 of the HTSUS, as set out in the annex of the notice published at 84 FR 52553 (October 2, 2019). In particular, the amendment in Subparagraph B converts an exclusion of a specially prepared product description to an exclusion of a 10-digit HTSUS subheading.