On March 25, 2020, the US Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register that announces USTR’s determination to grant certain exclusion requests to the $300 Bn action against certain products from China, as specified in the Annex to the notice. : These product exclusions will apply as of September 1, 2019, the effective date of List 1 of the $300 billion action, and will extend to September 1, 2020.

Based on the evaluation of the factors set out in an October 24, 2019 notice (84 FR 57144), the 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, the exclusions are reflected in five 10-digit HTSUS subheadings and seven specially prepared product descriptions, which together cover 36 separate exclusion requests.

In accordance with the October 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 10-digit HTSUS subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion.

  • Annex Subparagraph A(1) inserts a new heading 9903.88.44 into the HTSUS
  • Subparagraph A(2) inserts a new U.S. note 20(ww) to subchapter III of chapter 99 in numerical sequence
  • Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.