Section 301 China Technical Amendments to Section 301 Exclusions

On October 14, 2022, the U.S. Trade Representative (USTR) published 87 FR 62486 making two technical amendments to HTSUS 9903.88.67. These amendments apply as of October 12, 2021 and extend through December 31, 2022.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to U.S. Customs and Border Protection (CBP) containing Section 301 exclusions related to these amendments are set out below:

The annex in 87 FR 62486 makes two technical amendments to the HTSUS to U.S. notes 20(ttt)(iii)(50) and 20(ttt)(iii)(51) to subchapter III of chapter 99 of the HTSUS 9903.88.67.

• Note 20(ttt)(iii)(50) (9903.88.67) is modified by deleting “each measuring not more than 98 cm by 52 cm by 17 cm,”.

• Note 20(ttt)(iii)(51) (9903.88.67) is modified by deleting “each measuring not more than 81 cm by 39 cm by 11 cm,”.

Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.67 is submitted. These amendments apply retroactively as of October 12, 2021 and extend through December 31, 2022.

Importers may submit a post summary correction to request a refund of duties for any entries filed during the effective period of the exclusion per 87 FR 62486, if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe.

CSMS #53676220 can be found here: CSMS # 53676220 - GUIDANCE: Section 301 China Technical Amendments to Section 301 Exclusions