On May 14, 2019, the Office of the US Trade Representative (USTR) published in the Federal Register a notice of product exclusion from the additional duties imposed (effective July 6, 2018) on goods of China with an annual trade value of approximately $34 billion (the $34 billion action) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. USTR’s determination included a decision to establish a product exclusion process. USTR initiated the exclusion process in July 2018, and stakeholders have submitted requests for the exclusion of specific products. USTR granted exclusion requests in December 2018, March 2019, and April 2019. This notice announces USTR’s determination to grant additional exclusion requests, as specified in the Annex to the notice using the new HTS subheading “9903.88.08.” USTR will continue to issue decisions on pending requests on a periodic basis.

The product exclusions announced in the notice will apply as of the July 6, 2018 effective date of the $34 billion action, and will extend for one year after the publication of this notice. US Customs and Border Protection will issue instructions on entry guidance and implementation. In addition to new subheading 9903.88.08, the notice inserts a new US note 20(k) to subchapter III of chapter 99; amends US notes 20(a) and 20(b) to subchapter III of chapter 99; and amends the Article Description of heading 9903.88.01.