The US Trade Representatives Office (USTR) has announced a list of 352 Section 301 exclusion extensions to be reinstated. These exclusions to the Sec 301 tariffs imposed on China origin goods had been allowed to expire by early 2021 and comments on the possible extensions were requested late last year. There were 549 exclusions eligible for consideration, but the USTR granted extensions to only 352 of these. A full list of the reinstated exclusions can be found here. You can also find all exclusions on CVI’s Exclusion Guide.
This list of extensions covers exclusions granted for certain goods listed on all four rounds of Section 301 tariffs and will be assigned provisional HTS 9903.88.67. There are no new exclusions, only a reinstatement of extensions to exclusions previously granted. Most of the exclusions are limited to the written scope provided by the USTR, while a small number are granted at the HTS level. The tariffs must be updated in Customs’ system before the exclusions can be taken.
All extensions will be retroactive to October 12, 2021 and remain in effect until December 31, 2022. If you have paid duty on any of the products granted an extension you should able to apply for refunds of the additional tariffs on entries filed on or after October 12, 2021. We encourage you to read over this list to see if any of the exclusions can be applied to products you import from China.
The coming months will see continuing activity on the 301 China tariffs as the COVID-19 related exclusions are set to expire in May. The authority to implement 301 tariffs is part of the Trade Act of 1974. The Act requires that any actions taken automatically terminate after four years. This is important as the first round of the tariffs on China origin goods will have their four-year anniversary on July 6, 2022. Other rounds will also be approaching their four-year run. The USTR is expected to review the effectiveness and impact of the tariffs and seek an extension as stipulated under the Trade Act.
Sam McClure, LCB
Director of Compliance & Customs Services
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Meet one of CVI’s Customs Brokerage & Compliance experts, Sam McClure:
Sam serves as Director, Compliance and Customs Services for CVI. He serves as CVI’s corporate compliance officer and is responsible for overseeing all aspects of our Customs related services, including growth.
Sam started his career in 1977 with Waters Shipping Company in Charlotte, NC. He began as a document runner, soon becoming a leader in operations and customer service for the branch. Sam, along with Linda Masten, founded Central Carolina Shipping Inc. in 1983 as an independent Customs Brokerage firm where he served as Vice President for 26 years. Sam and Linda grew Central Carolina into a successful and highly respected member of the Carolinas trade community. When Charlotte opened their local chapter of the IFFCBA Sam was part of the organizing group and he headed the Customs committee for several years. Sam obtained his Customs Brokers License in 1984 and remained with Central Carolina until the company was acquired by CVI in 2009.
At CVI, Sam has held several positions in both the operations and sales departments. As an expert in U.S. Customs regulations, Sam is often called upon on to provide guidance to importers on Customs compliance issues. He makes regular presentations on matters related to importation and broader regulatory compliance.
– Sam McClure, LCB, Director of Compliance & Customs Services, CVI
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