On September 16, 2020, the Office of the United States Trade Representative (USTR) published in the Federal Register a notice of product exclusion extension and amendment. USTR initiated the exclusion process for Tranche 3 (the $200 Bn. action) on June 24, 2019, and has granted 15 sets of exclusions under the $200 billion action. These exclusions expired on August 7, 2020. On May 6 and June 3, 2020 [See 85 FR 27011 (May 6, 2020) and 85 FR 34279 (June 3, 2020)], USTR invited the public to comment on whether to extend particular granted exclusions. On August 11, 2020 [85 FR 48600], USTR announced a determination to extend certain previously granted exclusions. The notice makes one technical amendment to a previously extended exclusion.
The product exclusion extension amendment announced in the notice applies as of August 7, 2020, and continues through December 31, 2020. The notice does not further extend the period for product exclusion extensions. US Customs and Border Protection will issue instructions on entry guidance and implementation.
The Annex to the notice states:
Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 7, 2020, and before December 31, 2020, U.S. note 20(iii)(252) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) is modified by deleting “(described in statistical reporting number 9403.20.0050)” and inserting “(described in statistical reporting number 9403.20.0050 or 9403.20.0078)” in lieu thereof.
