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Ocean Freight container from above

The USTR Announces Section 301 Exclusion Extensions

On May 30, 2024 the USTR published a Federal Register notice regarding the 429 exclusions scheduled to expire May 31, 2024. This includes the 352 exclusions claimed under HTSUS 9903.88.67 and the 77 COVID-related exclusions claimed under HTSUS 9903.88.68. 

In order to manage the short notice, the USTR created a transition period in which all 429 exclusions will be extended from the current expiration of May 31, 2024 to June 14, 2024. Therefore, importers may continue to use HTS numbers 9903.88.67 and 9903.88.68 through June 14 for the associated exclusions.

Starting June 15, 2024, only 164 exclusions will be extended until May 31, 2025. Exclusion claims for these 164 exclusions from June 15, 2024 until May 31, 2025 will be reported using HTSUS 9903.88.69, regardless of which primary Section 301 List they are associated. Annex C to the notice (beginning on page 3) provides the list of exclusions, with four groups based on their assigned Section 301 list.

The other 265 exclusions will no longer be valid, and importers will need to report the regular Section 301 List HTS number and pay the associated duties. The expiring exclusions are listed in Annex D to the notice (beginning on page 16).

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