Certain Section 301 Exclusions Reinstated

On March 23, 2022, the Office of the United States Trade Representative (USTR) reinstated 352 exclusions for products of China subject to Section 301 tariffs, in response to public comments requested in 2021.

The USTR has reinstated 352 exclusions that apply to goods entered for consumption, or withdrawn from warehouse for consumption, on or after October 12, 2021, that are not liquidated, and to entries that are liquidated, but within the period for protest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.

The 352 reinstated exclusions apply to any product that meets the description of the product exclusion under 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.

Importers may use the reinstated exclusions starting on eligible goods through to December 31, 2022. Importers may seek refunds for Section 301 duties paid on entries on such goods made since October 12, 2021 by filing post-summary corrections for unliquidated entries, or protests against liquidated entries within 180 days of entry. CBP guidance on these processes is forthcoming.

The USTR may consider further extensions as appropriate.

A copy of the USTR Federal Register notice can be found here.

Please reach out to your SEKO customs brokerage office if you have questions about the applicability of these exclusions to your imported goods.