Yesterday, March 23, 2022, it was announced that the Office of the United States Trade Representative (USTR) is determined to reinstate 352 expired China 301 exclusions. This applies to merchandise imported between October 12, 2021 and December 31, 2022.
Following the solicitation of public comments in connection with the USTR’s evaluation of 549 previously expired exclusions, this action is taking into consideration input from both the public and the government to reinstate 352 of the expired sanctions.
Save for those that have been liquidated or that are not timely for protest, the reinstated exclusions are going to be retroactive to the shipment of goods entered for consumption or withdrawn from warehouse for consumption. Those that have not been liquidated or are still timely for protests that must be filed no later than 180 days from the date of entry liquidation, will fall under these exclusions.
The Notice of Reinstatement of Certain Exclusions: China’s Acts, Policies, and Practices that was put out by the USTR, stated “In prior Federal Register notices, the U.S. Trade Representative modified the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding certain products from additional duties. The U.S. Trade Representative subsequently extended 549 of these exclusions. Following public notice and comment, the U.S. Trade Representative has determined to reinstate certain previously extended exclusions through December 31, 2022, as specified in the Annex to this notice.”
All importers should review their entries to determine whether or not there is an opportunity to pursue a duty refund claim.
Should you have any questions regarding this or any other changes being made to the expired 301 sanctions, Sobel can help guide you through the notice and make sure you understand how this may affect you and your cargo. Contact your Sobel representative today for any further information on these changes.
