Section 301 Tariff Exclusions Extended Through May 31, 2023

Trade Update • January 1, 2024

The Office of the United States Trade Representative has further extended all COVID-related exclusions in the China Section 301 Investigation through May 31, 2024. The exclusions were previously scheduled to expire on December 31, 2023. These exclusions encompass over 352 products (refer to the full list here), along with specific exemptions for 77 medical care products (refer to the full list here), required to mitigate the COVID-19 pandemic. Currently, these exclusions are applicable to any product meeting the designated HTSUS numbers and product descriptions, regardless of whether or not the importer submitted an exclusion request.

HTS

The extended exclusions will continue to use the current Harmonized Tariff Schedule (HTS) exclusion numbers:

• 9903.88.67 for reinstated exclusions, and
• 9903.88.68 for COVID-related exclusions

Section 301 additional duties for goods not excluded impose a 25 percent duty rate for goods on Lists 1, 2, 3; and a 7.5 percent duty rate for goods on List 4A.

USTR to Open Docket for Public Comments

USTR announced the opening of a docket for public comments on existing exclusions on January 22, 2024. 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 extension will also facilitate the alignment of further decisions on these exclusions with the ongoing four-year review.

Questions about your products/imports affected by Section 301 tariffs and/or exclusions? Please contact us, we’re here to help.