USTR extends certain exclusions from China Section 301 tariffs

USTR extends certain exclusions from China Section 301 tariffs

The Office of the United States Trade Representative (USTR) has announced a three-month extension of certain product exclusions from Section 301 tariffs on Chinese imports, citing ongoing review of public feedback and interagency recommendations [1]. These exclusions, originally granted under the U.S. investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, will now remain in effect through August 31, 2025.

The decision by USTR builds on earlier actions in response to stakeholder input. In a December 29, 2023 notice (88 FR 90225), the agency invited public comments on whether to extend 352 reinstated exclusions and 77 COVID-related exclusions. Following this, 164 exclusions were extended as of May 30, 2024 (89 FR 46948), and 14 additional exclusions specific to solar manufacturing equipment were granted in September 2024 (89 FR 76581) as part of the four-year review of the Section 301 tariffs.

The extended exclusions are organized under two Harmonized Tariff Schedule of the United States (HTSUS) subheadings. Annex A covers extensions under HTSUS heading 9903.88.69, with exclusions governed by U.S. notes 20(vvv)(i)–(iv). Annex B includes those under 9903.88.70, with exclusions detailed in U.S. note 20(www). These exclusions are effective for goods entered or withdrawn for consumption between 12:01 a.m. EST on June 1, 2025, and 11:59 p.m. EDT on August 31, 2025.

As of June 1, 2025, the description of heading 9903.88.69 is revised to reflect the new expiration date of August 31, 2025 (replacing “May 31, 2025”). The description of heading 9903.88.70 is updated to show an effective date through September 1, 2025 (replacing “June 1, 2025”).

Importers are reminded that product eligibility is based strictly on the detailed product descriptions and HTSUS subheadings as provided in the applicable U.S. notes. U.S. Customs and Border Protection (CBP) will issue guidance on entry procedures and compliance. USTR has indicated that it may further evaluate additional extensions or modifications as appropriate, continuing its review in coordination with the interagency Section 301 Committee and in consideration of industry feedback.

References:
[1] https://www.ghy.com/trade-compliance/section-301-tariff-exclusions-extended-through-august-31-2025/