The Office of the United States Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register announcing the USTR’s determination to grant the second set of exclusion requests from the $200 Bn action (Tranche 3). On June 24, 2019, USTR established a process by which US stakeholders could request exclusion of particular products classified within an 8-digit HTSUS subheading covered by the $200 billion action from the additional duties. See 84 FR 29576 (the June 24 notice). USTR has determined to grant the product exclusions set forth in the Annex to the notice.
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 found in any particular request for exclusion. As set out in the Annex, the exclusions are reflected in five 10-digit HTSUS subheadings, which cover 75 separate exclusion requests. 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.
- Annex Subparagraph A(1) inserts a new heading 9903.88.41 into the HTSUS
- Subparagraph A(2) inserts a new U.S. note 20(tt) to subchapter III of chapter 99 in numerical sequence
- Subparagraphs A(3) – A(5) make conforming amendments to US Notes 20(e), 20(f) and to 9903.88.41
