On August 28, 2020, the Office of the US Trade Representative (USTR) posted a notice to be published in the Federal Register that extends eighty-seven Tranche 4A ($300 billion action) product exclusions from September 1, 2020 through December 31, 2020, as set out in the Annexes to the notices. USTR has issued eight notices of product exclusions under this action. These exclusions are scheduled to expire on September 1, 2020. On June 26 (85 FR 38482), July 17 (85 FR 43639), and August 11, 2020 (85 FR 48595), the USTR invited the public to comment on whether to extend by up to 12 months, particular exclusions granted under the $300 billion action. USTR has determined to extend the exclusions in the Annexes to this notice for less than 12 months – through December 31, 2020. The exclusions are available for any product that meets the description in the Annexes, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope 6 of the ten-digit HTSUS headings and product descriptions in the Annexes to this notice, and not by the product descriptions set out in any particular request for exclusion.
The exclusions being extended were covered by US Notes 20(rr), (uu), (ww), (zz), (bbb), (ddd) and (fff), and were filed under tariff schedule subheadings 9903.88.39, 9903.88.42, 9903.88.44, 9903.88.47, 9903.88.49 and 9903.88.53.
In accordance with Annex A, paragraph A subparagraphs 1 and 2, the extended exclusions, now scheduled to expire Dec. 31, will be moved from the above tariff provisions to new US Note 20(jjj) and new subheading 9903.88.57. Subparagraphs 3 and 4 contain conforming amendments.
Annex B contains a list of the original product exclusions that are being extended. They were provided for in various subdivisions of US Note 20, and 9903.88.39, 9903.88.42, 9903.88.44, 9903.88.47, 9903.88.49, 9903.88.51 and 9903.88.53.
