U.S. Customs Advisory: USTR Reinstates Some Chinese Section 301 Tariff Exclusions

In October 2021, the U.S. Trade Representative (USTR) notified the public that it would consider reinstating Section 301 tariff exclusions covering 549 Chinese products imported into the U.S.  

Today, the USTR announced it is reinstating Section 301 tariff exclusions covering 352 of the 549 products under review. These products will be allowed entry to the U.S. without the payment of additional Section 301 tariffs through December 31, 2022. General duties or taxes remain payable as applicable. 

With this decision, U.S. Customs & Border Protection (CBP) will issue instructions and entry guidance to the trade community in the coming weeks as they update their systems. This step must occur before the applicable tariffs can be formally excluded from current entries in process. 

This USTR determination represents significant duty (tariff) savings for many U.S. importers. In addition, the USTR made their determination retroactive for imports on or after October 12, 2021. This allows importers to claim back applicable Section 301 duties (tariffs) paid to U.S. Customs on entry transactions on or after that date. 

The complete Federal Register Notice along with the applicable products granted Section 301 tariff exclusion reinstatement can be found here. 

The USTR may announce additional Section 301 exclusions as part of its ongoing review. 

To review this information or initiate refund claims with U.S. Customs, please contact Delmar’s U.S. Customs Advisory Services. 

Additional Resources: 

Delmar Notice 

USTR Notice 

Please contact our U.S. Customs Advisory Services Group for more information and assistance.