USTR Reinstates 352 Section 301 China Tariff Exclusions

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March 23, 2022

On March 23, 2022, the Office of the U.S. Trade Representative's (USTR) announced it has reinstated 352 expired Section 301 tariffs exclusions on Chinese imports. While the reinstatement covers a wide range of goods, such as printed circuit boards, electric motors, certain car parts, crab meat, bicycles, and duffel bags, to name a few, the list stops short of reinstating exclusions on all 549 items that had been under consideration.

This move by the USTR follows a comment period, dating back to October 8, 2021, when it invited public input concerning whether it should reinstate certain exclusions previously granted under the four tranches, commonly referred to as “lists,” of 301 duties. Based its evaluation of a set of factors, laid out in an October 8, 2021, notice, and pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, the USTR ultimately determined that reinstatement of 352 out of the 549 exclusions under consideration was warranted.

The 352 reinstated exclusions are available to any product that meets the description found in the applicable product exclusion, with the scope of each exclusion governed by both the ten-digit Harmonized Tariff Schedule of the United States (HTSUS) subheading and the product descriptions listed in the Annex to the March 23, 2022, notice.

The newly reinstated exclusions are retroactive to October 12, 2021, and apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on October 12, 2021, that are not liquidated, and to entries that are liquidated, but within the period for protest described in section 514 of the Tariff Act of 1930. According to the notice the USTR may consider further extensions as appropriate, and US Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation.

If you have questions about this announcement do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.