The US Trade Representative published Federal Register Notice 83 FR 67463 on December 28, 2018, announcing the decision to grant certain exclusions from the 25% duty assessed on goods from China (Tranche 1).  The 25% duty is in response to the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Approximately 1,000 product exclusions were announced in this notice and will apply as of July 6, 2018, which is the effective date of the $34 billion action (see Federal Register 83 FR 28710). The exclusions will extend for one year after the publication of this notice.

At the conclusion of the government funding hiatus (the ongoing partial US government shutdown), CBP will issue instructions on entry guidance and implementation. Any updates to the Automated Customs Environment (ACE) will be implemented ten business days after the shutdown has ended. Until these updates are complete, entry and entry summaries must be submitted without the Chapter 99 product exclusion number referenced in 83 FR 67463. ACE will reject entry and entry summaries if the Chapter 99 product exclusion number is transmitted. In the interim, importers must continue paying duty on the products falling under the exclusion list.

Once CBP issues guidance and implements ACE enhancements, a Post Summary Correction (PSC) or a Protest can be submitted for a refund. Please email questions related to Section 301 entry filing requirements to compliance@anderinger.com.