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USTR Extends Exclusions from China Section 301 Tariffs

On December 26th, 2023, the United States Trade Representative (USTR) published the Federal Register Notice to further extend the re-instated and COVID-related exclusions in the China Section 301 Investigation, which can be viewed here. The exclusions were previously scheduled to expire on December 31st, 2023.

Per the notice, the USTR announced that a docket for public comments on existing exclusions will open on January 22nd, 2024. The extension will enable the orderly sunsetting of the exclusions, except in cases where current information is consistent with statutory factors and objectives. In these cases, additional time would enable shifts in sourcing to the United States or third countries. The extension will also facilitate the alignment of further decisions on these exclusions with the ongoing four-year review.

In prior notices, the USTR modified the actions in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by excluding from additional duties certain products of China. In September 2023, the USTR decided to extend 352 previously reinstated exclusions and 77 COVID-related exclusions through December 31st, 2023. This notice announces the USTR’s determination to extend for five (5) months, through May 31st, 2024, these same exclusions. This notice also announces that the USTR will be opening a docket for public comments on whether to further extend particular exclusions.

Dates to note: 

  • The extension announced in this notice will extend the re-instated and COVID-related product exclusions through May 31st, 2024.
  • January 22nd, 2024: The public docket here will open for interested persons to submit comments.
  • February 21st, 2024 at 11:59 p.m. ET: To be assured of consideration, written comments on the public docket will be due by this time.

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