On July 28, 2020, the Office of the United States Trade Representative (USTR) posted on its website an advance copy of a notice to be published in the Federal Register that announces USTR’s determination to extend certain exclusions through December 31, 2020. The first set of exclusions for List (Tranche) 2 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 product exclusion extensions announced in the notice will apply as of July 31, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation.
The April 30 notice provided that USTR would consider extensions of up to 12 months. In light of the cumulative effect of current and possible future exclusions or extensions of exclusions on the effectiveness of the action taken in this investigation, USTR has determined to extend the exclusions in the Annex to this notice for less than 12 months – through December 31, 2020. 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.
- Paragraphs (1)-(2) of the Annex establish HTSUS 9903.88.54 and a new US Note 20 (ggg) to chapter III of chapter 99 to cover the new product exclusions.
Paragraphs (3)-(5) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex