USTR amendments to product exclusions and product exclusion extensions (imports from China)

Amendments to product exclusions and extensions

The Office of the U.S. Trade Representative (USTR) today released for publication in the Federal Register four notices concerning actions under the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.

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The United States imposed additional customs duties on imported products from China with an annual trade value of approximately $300 billion. However, exclusions from imposition of the additional customs duties were allowed for certain products, as requested by U.S. entities.

  • The first notice [PDF 227 KB] announces the USTR’s determination to make one technical amendment to a previously granted exclusion—to U.S. note 20(ddd)(21) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). The amendment applies as of September 1, 2019 (the effective date of List 1 of the $300 billion action). It is retroactive to the date when the original exclusion was published and does not further extend the period for the original exclusion.
  • The second notice [PDF 209 KB] announces the USTR’s determination to make one technical amendment to a previously granted exclusion extension—to U.S. note 20(jjj)(53) to subchapter III of chapter 99 of the HTSUS. The amendment applies as of September 1, 2019, and continues through December 31, 2020. The notice does not further extend the period for product exclusion extensions.

The United States also imposed additional customs duties on imported products from China with an annual trade value of approximately $200 billion. Similar to the $300 billion action, exclusions from imposition of the additional customs duties were allowed for certain products.

  • The third notice [PDF 210 KB] announces the USTR’s determination to make one technical amendments to a previously announced exclusion— to U.S. note 20(w)(27) to subchapter III of chapter 99 of the HTSUS,. The amendment is retroactive to the date when the original exclusion was published and does not further extend the period for the original exclusion.
  • The fourth notice [PDF 196 KB] announces the USTR’s determination to make two technical amendment to previously extended exclusions—to U.S. note 20(iii)(57) and U.S. note (iii)(159) to subchapter III of chapter 99 of the HTSUS. The amendments apply as of August 7, 2020, and continue through December 31, 2020. This notice does not further extend the period for product exclusion extensions.


For more information on this topic or to learn more about KPMG’s Trade & Customs Services, contact:

Doug Zuvich
Partner and Global Practice Leader
T: 312-665-1022
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
T: 267-256-2614
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
T: 631-425-6057
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
T: 415-963-7861
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
T: 212-954-3094
E: labad@kpmg.com

Irina Vaysfeld
Principal
T: 212-872-2973
E: ivaysfeld@kpmg.com

Amie Ahanchian
Principal
T: 202-533-3247
E: aahanchian@kpmg.com

Christopher Young
Principal
T: 312-665-3229
E: christopheryoung@kpmg.com

Gisele Belotto
Managing Director
T: 305-913-2779
E: gbelotto@kpmg.com

George Zaharatos
Principal
T: 404-222-3292
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
T: 313-230-3080
E: adoornaert@kpmg.com

Jessica Libby
Managing Director
T: 612-305-5533
E: jlibby@kpmg.com

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