Most Exclusions From List 3 Section 301 Tariffs to Expire Aug. 7, After USTR Extends Few

Almost three-quarters of all exclusions from list three Section 301 China tariffs are now set to expire Aug. 7, after the Office of the U.S. Trade Representative declined to extend them in the run-up to their expiration. In a notice released Aug. 6, USTR only granted extensions to 266 of the about 1,000 list three exclusions published to date.

The 725 expiring exclusions are found in U.S. Notes 20(p), (w), (ll), (mm), (nn), (oo), (pp), (qq), (ss), (tt), (vv), (xx), (yy) and (aaa), and are filed under tariff schedule subheadings 9903.88.13, 9903.88.18, 9903.88.33, 9903.88.34, 9903.88.35, 9903.88.36, 9903.88.37, 9903.88.38, 9903.88.40, 9903.88.41, 9903.88.43, 9903.88.45, 9903.88.46 and 9903.88.48. The extended exclusions, now scheduled to expire Dec. 31, will be moved from those tariff provisions to new U.S. Note 20(iii) and subheading 9903.88.56.

USTR had sought comments on whether to extend exclusions found in those notes in notices published on May 6 and June 3 (see 2002040040 and 2006010003). Unlike exclusions from other lists of Section 301 tariffs, the exclusions from list three, which are the tariffs covering $200 billion in goods that began Sept. 24, 2018, had a uniform expiration date of Aug. 7.

USTR’s notice lists the exclusions that it is extending until Dec. 31, but not those that are now due to expire. See the notice for a full list of extended exclusions, as well as a concurrence table showing where the exclusions will now be found in the tariff schedule.