On July 9, 2020, the Office of the United States Trade Representative (USTR) will publish in the Federal Register a notice of product exclusions extensions under the $34Bn (Tranche 1) action. USTR initiated the exclusion process in July 2018 and, to date, has granted 10 sets of exclusions under the $34 billion action. The sixth set of exclusions was published in July 2019 and will expire in July 2020. On April 30, 2020, USTR established a process for the public to comment on whether to extend particular exclusions granted in July 2019 for up to 12 months. The notice announces USTR’s determination to extend certain exclusions through December 31, 2020.
In accordance with the July 11, 2018, notice (83 FR 32181), 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 ten-digit HTSUS headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion. As set out in the Annex, the U.S. Trade Representative has determined to extend, through December 31, 2020, the following exclusions granted under the July, 2019 notice under heading 9903.88.11 and under U.S. note 20(n) to subchapter III of chapter 99 of the HTSUS: (8), (17), (18), (23), (28), (77), (85), (87), (88), (97), (98), and (106).