On May 4, 2020, the Office of the US Trade Representative (USTR) posted an advance copy of a notice to be published in the Federal Register that announces the USTR’s determination to grant certain exclusion requests, as specified in the Annex to the notice, and corrects technical errors in previously announced exclusions. 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 two 10-digit HTSUS subheading, which cover 15 separate exclusion requests, and 144 specially prepared product descriptions, which cover 170 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 9903.88.46 for the exclusions and a new US note 20 (yy) to subchapter III of chapter 99, Harmonized Tariff Schedule of the United States (HTSUS).
  • Paragraph A, subparagraphs 3 through 7 of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.
  • Paragraph B of the Annex contains amendments reflecting technical corrections to a certain notes to the HTSUS, specifically
  • Paragraph B, subparagraph 1, makes a technical correction to U.S. note 20(mm)(6), published at 84 FR 61674 (November 13, 2019), as modified by Annex B(b) of 85 FR 9921 (February 20, 2020).
  • Paragraph B, subparagraph 2, makes a technical correction to U.S. note (20)(qq)(40), published at 85 FR 6674 (February 5, 2020). Paragraph B, subparagraph 3, makes a technical correction to U.S. note (20)(ss)(17), published at 85 FR 9921 (February 20, 2020).