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USTR Announces the Extension of Existing China 301 Exclusions until December 31, 2023

On September 6, 2023, in an as of yet unpublished Federal Register notice, the Office of the U.S. Trade Representative (“USTR”) announced its intention to extend the existing China 301 exclusions (otherwise scheduled to expire on September 30, 2023) until December 31, 2023.

At issue are two sets of exclusions.  The first set consists of the 77 currently applicable COVID-related exclusions.  A list of such exclusions can be found here (refer to those with a listed extension date of September 30, 2023) (and in heading 9903.88.68 / and Chapter 99, subchapter III U.S. notes 20(uuu)(i), (ii), (iii), and (iv)).

The second set consists of 352 exclusions that had been reinstated (and extended) by the USTR.  A list of such exclusions can be found here (and in heading 9903.88.67 / Chapter 99, subchapter III U.S. notes 20(ttt)(i), (ii), (iii), and (iv)).

The above actions are being taken to allow for a transition period for the expiring exclusions and to allow for further consideration under the ongoing four-year review of the overall China 301 program. All other expired China 301 exclusions remain expired and without effect.

Should you have any questions regarding the above or the China 301 tariff generally, please do not hesitate to contact Arthur Bodek or any of our attorneys.


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