USTR Extends COVID-Related Exclusions from China Section 301 Tariffs

blog | May 24, 2023

United States Trade Representative (USTR) Extends COVID-Related Exclusions from China Section 301 Tariffs

The Office of the United States Trade Representative (USTR) announced on May 12, 2023, the extension of 77 of the 81 COVID-related exclusions in the China Section 301 investigation. The exclusions were scheduled to expire on May 15, 2023.   

The USTR is extending all 81 COVID-related exclusions through May 31, 2023, to allow for a transition period. Four products will expire on May 31, 2023. The exclusions on the remaining goods have been extended through September 30, 2023, which will allow the USTR to continue to consider stakeholder and public feedback.    

The four exclusions which will expire May 31 are: 

  • HTSUS 3923.21.0095 (other plastic sacks and bags for the conveyance or packing of goods)  
  • HTSUS 5603.14.9090 (other nonwovens, whether or not impregnated, coated, covered or laminated)  
  • HTSUS 4818.90.0020/4818.90.0080 (face masks and other sanitary articles) 
  • Protective eyewear (described in HTSUS 9004.90.0010 and 9004.90.0090)  

The extension includes the use of a new exclusion tariff, 9903.88.68, which is active in ACE with an effective date of June 1, 2023. The USTR announcement is available here. 

The COVID exclusions, which cover medical care products, were initially granted in December 2020.  Additional information is set out in the Federal Register notice, which can be viewed here. 


For additional information, please contact your local Delmar Representative.