On March 23, 2022, the U.S. Trade Representative (USTR) announced the reinstatement of 352 China Section 301 product exclusions that are retroactively effective from October 12, 2021 through December 31, 2022. The USTR action reinstates 352 of 549 China Section 301 product exclusions (i.e., 64%) that previously expired and were eligible for reinstatement through a public comment process from October 2021.
The 352 reinstated China Section 301 product exclusions include goods covered by China Section 301 Lists 1 (89), 2 (34), 3 (187), and 4A (42). The product exclusions cover a wide range of products, such as certain fabrics, pressure-reducing valves, grooved pulleys, pumps and pump parts, garage door openers/closers, valve bodies, AC and DC motors, switches, X-ray equipment, motorcycles, bicycles and bicycle parts, catalysts, messenger and duffel bags, backpacks, tiles, gun safes, printed circuit assemblies, animal feeding machinery and parts, electric heaters, extension cords, bathrobes, furniture, etc.
The reinstated product exclusions from the China Section 301 duties are available to any importer for any product that falls within the special product descriptions and enumerated ten-digit HTSUS classifications. This is true regardless of whether the importer filed comments on reinstating the product exclusions.
Because the product exclusions are retroactive to October 12, 2021, clients should consider whether to file Post-Summary Corrections (PSCs) or Protests to secure refunds plus interest for entries of goods covered by a product exclusion. Unless liquidation extensions are granted, Protests may be required for liquidated entries. It is important to identify affected entries and filing deadlines. The refund process is complicated and should be carefully considered. The notice provides no specific direction on goods in foreign-trade zones (FTZs).
Clients may contact Brenda Zeller to obtain an updated version of the comprehensive spreadsheet we have prepared of all China Section 301 product exclusions to date, which includes expiration dates.