USTR Extends Some Lists 1 and 2 Exclusions From Section 301 Tariffs, Leaves Many to Expire Oct. 2

More than 150 exclusions from lists 1 and 2 Section 301 China tariffs are set to expire Oct. 2, after the Office of the U.S. Trade Representative declined to extend them in the days prior to their expiration.

In two recently released notices, USTR granted extensions to some exclusions due to expire. But the agency extended only nine out of 96 exclusions from List 1 tariffs under U.S. Note 20(x) that are filed under Harmonized Tariff Schedule subheading 9903.88.19, and only 28 out of 113 List 2 exclusions under U.S. Note 20(y) and HTS subheading 9903.88.20. The extended exclusions are now valid until Dec. 31.

The extended List 1 exclusions will now be listed in U.S. Note 20(mmm) and filed under subheading 9903.88.60. The extended List 2 exclusions will be listed in U.S. Note 20 (nnn) and filed under subheading 9903.88.61.

USTR had issued the List 2 exclusions and most of the List 1 exclusions Oct. 2, 2019, with a one-year validity (see 1909300041). Minor additions to the List 1 exclusions under U.S. Note 20(x) followed in December and February 2020 (see 1912130028 and 2002100014). The agency sought comment in notices issued in June for the List 2 exclusions (see 2006230002), and in August for the List 1 exclusions (see 2008030006), on whether to extend any of them.

USTR’s notice lists the exclusions it is extending until Dec. 31, but not those 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.