USTR Extends China Section 301 Tariff Exclusions Until May 31, 2024

The Office of the United States Trade Representative (USTR) announced on its website that it is extending current China Section 301 tariff exclusions until May 31, 2024. This extension covers both general and COVID-related exclusions. 

Many of these tariff exclusions were set to expire on December 31, 2023. 

The USTR states “The extension will enable the orderly review of the exclusions consistent with statutory factors and objectives to identify in which cases additional time would enable shifts in sourcing to the United States or third countries.” The USTR is also opening a docket for public comments for 30 days starting on January 22, 2024. 

Importers should note that given the timing of this announcement by the USTR, the U.S. Customs and Border Protection (CBP) may or may not be able to update its Automated Commercial Environment (ACE) in time to cover entry summaries filed early in the new year. As a result, Section 301 tariffs may initially apply to applicable imports. In these cases, the importer may file a tariff (duty) refund claim with CBP based on the extension announcement by the USTR. 

There are 429 tariff (duty) exclusions granted by the USTR where the applicable HTS exclusion end date will need to be updated. The exclusion HTS numbers are not changing (9903.88.67/9903.88.68). 

Delmar will continue to provide updates as additional information becomes available. The Federal Register notice is available here. 

 

For additional information and assistance, please contact your local Delmar Representative.