Market Letters

09.27.23: Laufer Client Advisory – USTR Notice of Extension for Product Exclusions

The USTR is extending the Section 301 product exclusions that were to expire September 30, to December 31, 2023.  This covers the 352 previously reinstated product exclusions (also known as “the non-COVID” exclusions) and the 77 “COVID” exclusions.   

As indicated in the Notice, the determination to further extend was made “To provide a transition period for the expiring exclusions and to allow for further consideration under the four-year review,” 

The 352 reinstated exclusions and the 77 COVID-related exclusions are set out in Annex A and Annex B of the notice. Further, that: 

“the exclusion extensions are available for any product that meets the description in the product exclusion. Further, the scope of each exclusion and modification is governed by the scope of the ten-digit Harmonized Tariff Schedule of the United States (HTSUS) subheadings and product descriptions in the Annexes A and B to this notice. U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.”            

It is important to note that these product exclusions represent the last of the remaining exclusions that were available. Additionally, these are not new exclusions – if your goods did not previously qualify for an exclusion, there are no news ones available.

Should you need further information or have any concerns or queries, please contact your local Laufer Customer Service, Customs Brokerage or Sales Representative. 

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