On August 6, 2020, the Office of the US Trade Representative posted on its website a notice of product exclusions 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 make certain amendments to previously announced exclusions. The product exclusions announced in the notice apply as of September 1, 2019, the effective date of List 1 of the $300 billion action, and extend to September 1, 2020.
As set out in the Annex, the exclusions are reflected in one existing ten-digit HTSUS subheading and 9 specially prepared product descriptions, which together respond to 25 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.
- Annex Paragraph A, Subparagraphs (1)–(2) establish a new heading 9903.88.55 and a new U.S. note 20(hhh) to subchapter III of chapter 99.
- Paragraph A, subparagraphs (3)-(4) of the Annex contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.