USTR has posted an advance copy of a notice to be published in the Federal Register that announces the U.S. Trade Representative’s determination to grant certain exclusion requests to the $200 Bn action against certain products from China, as specified in the Annex to the notice, and corrects technical errors in previously announced exclusions. The exclusions are reflected in one 10-digit HTSUS subheading, which covers one exclusion request, and 176 specially prepared product descriptions, which cover 202 separate exclusion requests. The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer benefitting from the product exclusion 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. 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 9903.88.43 into the HTSUS
  • Subparagraph A(2) inserts a new U.S. note 20(vv) to subchapter III of chapter 99 in numerical sequence with 177 exclusions
  • Subparagraphs A(3) – A(5) make conforming amendments to US Notes 20(e), 20(f) and to 9903.88.41.
  • Paragraph B modifies U.S. note 20(pp) by inserting exclusions (69) through (73) after exclusion (68)

Paragraph C modifies U.S. note 20(qq)(4) and (6)