On August 11, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a notice that announces the USTR’s determination to extend certain exclusions through December 31, 2020, as specified in the Annex to the notice. The USTR initiated the exclusion process on June 24, 2019, and has granted 15 sets of exclusions under the $200 billion action. These exclusions will expire on August 7, 2020. On May 6, 2020 and June 3, 2020, the USTR established a processes for the public to comment on whether to extend particular exclusions granted under the $200 billion action for up to 12 months. This notice announces USTR’s determination to extend certain exclusions through December 31, 2020. The product exclusion extensions announced in the notice will apply as of August 7, 2020, and extend through December 31, 2020. US Customs and Border Protection will issue instructions on entry guidance and implementation.
The $200 billion extension notices provided that the 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, the USTR has determined to extend the exclusions in the Annex to the notice for less than 12 months – through December 31, 2020. To date, the USTR has granted more than 6,700 exclusion requests, has extended some of these exclusions, and may consider further extensions of exclusions. Furthermore, more than 200 requests are pending on the products covered by the action taken on August 20, 2019. The USTR will take account of the cumulative effect of exclusions in considering the possible further extension of the exclusions covered by this notice, as well as possible extensions of exclusions of other products covered by the action in this investigation. The USTR’s determination also takes into account advice from advisory committees and any public comments concerning extension of the pertinent exclusion. In accordance with the June 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 headings and product descriptions in the Annex to this notice, and not by the product descriptions set out in any particular request for exclusion.
- Annex A, paragraph A, subparagraphs (1)-(2) establish a new heading 9903.88.56, HTS and a new U.S. note 20 (iii) to subchapter III of chapter 99, HTS in numerical sequence with 266 extensions.
- Subparagraphs (3)-(6) of Paragraph A to Annex A contain conforming amendments to the HTSUS reflecting the modifications made by the Annex.
- Annex B has an informational table that contains a list of the original product exclusions that are being extended by the notice. The original product exclusions were provided for in various subdivisions in note 20 to subchapter III of chapter 99 and an associated 9903.88 heading. In addition, the table contains the corresponding subdivisions in new note 20(iii) to subchapter III of chapter 99 and new heading 9903.88.56 for the product exclusions that are being extended by this notice.