On July 23, 2020, the Office of the United States 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 make certain amendments to previously announced exclusions. The product exclusions announced in the notice apply as of September 1, 2019, and extend to September 1, 2020. The products covered by this announcement were subject to additional duties of 15% until the duties were reduced to 7.5% (See 84 FR 69447, 85 FR 3741).
As set out in the Annex to the notice, the exclusions are reflected in 11 existing ten-digit HTSUS subheadings and 53 specially prepared product descriptions, which together respond to 242 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 ten-digit HTSUS subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion.
- Paragraph A, subparagraphs (1)-(2) of the Annex establish HTSUS 9903.88.53 and a new US Note 20 (fff) to chapter III of chapter 99 to cover the new product exclusions.
- Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.
- Paragraph B, subparagraphs (1)-(5) of the Annex contain technical corrections to address periodic revisions to the HTSUS subheadings in previously published exclusions.