On April 24, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to the notice, and corrects a technical error in a previously announced exclusion. The product exclusions will apply as of September 24, 2018, the effective date of the $200 billion (Tranche 3) action, and extend to August 7, 2020. The amendments announced in the notice are retroactive to the date that the original exclusions were published.
As set forth in the Annex to the notice, the exclusions are reflected in one 10-digit HTSUS subheading, which covers 20 separate exclusion requests, and 107 specially prepared product descriptions, which cover 157 separate exclusion requests. As with previous exclusions, 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.
Paragraph A, subparagraphs 1 and 2 create a new subheading 9903.88.45 for the exclusions and a new US note 20 (xx) to subchapter III of chapter 99, Harmonized Tariff Schedule of the United States (HTSUS).
Paragraph A, subparagraphs 3 through 5 of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex. Paragraph B of the Annex contains an amendment reflecting a technical correction to a certain note to the HTSUS, specifically US note 20(mm)(11), published at 84 FR 61674 (November 13, 2019).