CBP Needs USTR Guidance for Extended Exclusions Under Now-Expired HTS Code

CBP is awaiting official guidance from the Office of the U.S. Trade Representative for how to handle goods from China that fall under the six extended Section 301 exclusions (see 1912190060), a CBP official said during a Jan. 23 conference call. While USTR extended those exclusions beyond the Dec. 28, 2019, expiration date, the Harmonized Tariff Schedule code for those exclusions, 9903.88.05, became unusable after that date. A Federal Register notice from USTR will be necessary, the official said.

The USTR will need to decide whether another HTS will be required in order to cover the extended exclusions, she said. “That's something that USTR will have to determine before a correction or a change can be made for CBP to enforce,” she said. USTR didn't comment.