On March 25, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of product exclusions for submissions made pursuant to the July 11, 2019 notice regarding exclusions for products subject to the 25 percent duties on goods of China classified in 818 8-digit subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $34 billion.
Based on the evaluation of the factors set out in the July 11 notice, which are summarized in the notice and in accordance with the advice of the interagency Section 301 Committee, USTR has determined to grant the product exclusions set out in the Annex to the notice. USTR’s determination also takes into account advice from advisory committees and any public comments on the pertinent exclusion requests. As set out in the Annex to this notice, the exclusions are established in two different formats: (1) As an exclusion of an existing 10-digit subheading from within an 8-digit subheading covered by the $34 billion action, or (2) as an exclusion reflected in 30 specially prepared product descriptions. In particular, the exclusions take the form of three 10-digit HTSUS subheadings (covering 24 separate requests), and 30 specially prepared product descriptions(covering approximately 63 separate requests).
In accordance with the July 11 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 10-digit headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion.