New CBP Updates: Reinstatement of Certain China Exclusions

Customs Question of the Month

At the end of March 2022, the office of the United States Trade Representative announced the reinstatement of certain exclusions from China section 301 tariffs.  This new product exclusions fall under HTSUS classification 9903.88.67, according to the aforementioned office.

These said Section 301 China tariff exclusions were previously expired on Dec 21, 2020, and reinstated until December 31, 2022. These exclusions apply to roughly 500 HTS numbers on products with China as the country of origin and meet the description of the particular exclusion description.

According to the International Trade Insights, “For liquidated entries, the importer should file a protest with CBP (recognizing that protests must be filed within 180 days of the date of liquidation).” They further go on to explain what importers should do proactively, citing “As such, importers filing for duty exclusions or refunds under the HTSUS 9903.88.67 should proactively gather documentation establishing that the goods in question meet the description in the tariff exclusion claimed.”

Beginning April 12th, 2022 the reinstatement became available in ACE, allowing US Customs Brokers to process in the system, according to NCBFAA, the National Customs Brokers & Forwarders Association of America, Inc.

The agency reminded importers, customs brokers, and other filers to refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTSUS when 98 or 99 HTSUS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

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