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Section 301 Exclusions and Additional Duties

The USTR continues to update Section 301 actions effecting duties. The USTR will continue to issue decisions on pending requests on a periodic basis.

  • Exclusions - China
    Office of the United States Trade Representative (Link)
    Related to Section 301 Exclusions List 4
    Exclusions under HTSUS 9903.88.53
    Applicable on goods entered September 1, 2019
  • Additional Duties – France
    Federal Register / Vol. 85, No. 137 / Friday July 16, 2020 / Notices (Link)
    Related to Section 301, France’s Digital Services Tax
    Announcing additional duties of 25% on certain products from France
    Products such as make-up, soaps and handbags
    Delayed 180 days seeking substantial progress in negotiations (Jan 6th, 2021)

Note the exclusions are not limited to the party or importer of record that applied for the exclusion.  Any importer of record with eligible commodities may claim exclusions provided the imported commodity is an exact match to the commodity description.

You must compare your products against the published exclusions and determine if there is a match. If you choose to claim an exclusion you must be prepared to defend the claim to CBP if they request information to validate claims.

Claims for exclusions may be filed retroactively to the date the additional duty was implemented. For entries not liquidated a post-summary correction may be transmitted to make the claim and request a refund. A formal protest is required to submit a claim for liquidated entries.

For more information on Section 301 tariff actions and the exclusion process, please reference USTR website or contact your local customs service office or account manager if you would like to discuss this topic and your imported commodities.

Section 301 Exclusions and Additional Duties