On March 23, 2022, the Office of the U.S. Trade Representative (USTR) announced that it was reinstating certain previously granted and extended product exclusions in the China Section 301 investigation. Per the Federal Register notice, USTR has reinstated 352 of the 549 eligible exclusions identified in the October 8, 2021 USTR Federal Register notice seeking public comment on renewing these previously granted but expired product exclusions. The reinstated product exclusions will be applied retroactively from October 12, 2021, through December 31, 2022. The notice states that the USTR may consider further extensions “as appropriate.”
Certain reinstated exclusions cover entire Harmonized Tariff Schedule of the United States (HTSUS) subheadings, while the remaining exclusions cover a multitude of HTSUS subheadings with specific product descriptions. These reinstated exclusions are set forth in an Annex to the Federal Register notice and are available for any product that meets the description in the product exclusion.