China Section 301 exclusions extensions

The United States Trade Representative (USTR) announced they are extending certain exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

All exclusions were scheduled to expire on May 31, 2024 but were extended through June 14, 2024. They will continue to utilize Harmonized Tariff Schedule (HTS) 9903.88.67 (for renewed exclusions) and 9903.88.68 (for COVID related exclusions).

Additionally, 164 exclusions have been extended from June 15, 2024 through May 31, 2025 and will use HTS 9903.88.69.  A new U.S. Note 20 (v v v) is being added to Chapter 99 of the HTS.

The 164 exclusions include the following:

  • 47 for List 1 Products
  • 22 for List 2 Products
  • 70 for List 3 Products
  • 25 for List 4A Products

List 1, 2, and 3 Products without an exclusion are subject to 25% Section 301 duties; with List 4A Products to 7.5%.

The USTR declined further extending exclusions where importers had no plans to shift sourcing out of China.

Questions regarding Section 301 on Chinese origin products may be directed to your Livingston account manager.