On March 28th, 2022, the United States Trade Representative (USTR) published 87 FR 17380, retroactively reinstating certain exclusions with respect to certain goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01AM EDT on October 12th, 2021, and before 11:59PM EDT on December 31st, 2022.

The extension of 352 exclusions from Section 301 tariffs on China will be covered by new subheading 9903.88.67; the functionality for the acceptance of the reinstated product exclusions will be available in the Automated Commercial Environment (ACE) as of 7:00AM EST on April 7th, 2022.

The list of 352 reinstated exclusions in the USTR Notice is organized into four groups based on the “List” under which the particular tariffs were originally imposed: List 1, List 2, List 3 or List 4A. For unliquidated entries going back to October 12th, 2021, we recommend to file a Post Summary Correction (PSC) referencing the new HTSUS code for the reinstated exclusions. For liquidated entries, we recommend that a Protest with CBP be filed (recognizing that Protests must be filed within 180 days of the date of liquidation). Please note that as Importers filing for duty exclusions or refunds under HTSUS 9903.88.67, you should proactively gather documentation establishing that the goods in question meet the description in the tariff exclusion claimed and provide this documentation to RIM logistics, ltd. (RIM) so that we may submit it to U.S. Customs along with the submission of the PSC or Protest to support the exclusion being claimed.

If you have determined that the reinstated exclusions apply to any product that has the country of origin of China and meets the description in the particular exclusion, please contact your RIM representative so that they can assist you with the next steps that are required to move forward with the submission of PSCs or Protests for your products.

Please note that HTSUS code 9903.88.67 will not be reinstated until April 7th, 2022; therefore, we cannot begin to submit the exclusion against your products or submit PSCs or Protests until April 7th, 2022.

RIM logistics, ltd. will continue to monitor the Section 301 Tariffs and keep you updated. Please contact your RIM representative or contact us at Compliance@rimlogistics.com should you have any questions/concerns.