Request for Comments on Whether Particular Exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Warrant Further Extension

On September 16, 2025, the Office of the U.S. Trade Representative published in the Federal Register (90 FR 44749) Request for Comments on Whether Particular Exclusions in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation Warrant Further Extension.

In prior notices, the U.S. Trade Representative 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. There are currently 178 effective exclusions. USTR has extended these exclusions several times, including by providing a recent 90-day extension to further extend the exclusions through November 29, 2025. USTR invites public comment on whether any of the 178 effective exclusions warrant further extension beyond November 29, 2025.

Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

On June 5, 2025, the Office of the U.S. Trade Represesentative publised in the Federal Regiseter (90 FR 23987) Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

Notice of Modification: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation

On September 18, 2024, the Office of the U.S. Trade Representative published in the Federal Register ( FR 89 76581) Notice of Modification: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation.

CSMS # 61247712 - GUIDANCE: Extension of Section 301 China Product Exclusions

On May 30, 2024, United States Trade Representative (USTR) published Federal Register Notice (FRN) 89 FR 46948 to provide a 14-day transition period for exclusions listed in Annex A and B, extending them through June 14, 2024, and to further extend exclusions listed in Annex C through May 31, 2025. exc

The 429 product specific exclusions scheduled to expire on May 31, 2024, and extended through June 14, 2024, are listed in Annex A and B to FRN 89 FR 46948. Those exclusions receiving further extension are listed in Annex C to FRN 89 FR 46948 are extended through May 31, 2025.

Automated Commercial Environment (ACE) functionality for the acceptance of the current exclusions listed in Annex A and B is immediately available; functionality for the acceptance of Annex C exclusions will be available on June 13, 2024, as of 7 am eastern daylight time.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below, per FRN 89 FR 46948.

Per Annex A, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.67 and U.S. notes 20(ttt)(i-iv) of the HTSUS is modified by deleting “May 31, 2024,” and by inserting “June 14, 2024.” Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.67 is submitted.

Per Annex B, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 1, 2024, and before 11:59 p.m. ET on June 14, 2024, the article description of heading 9903.88.68 and U.S. notes 20(uuu)(i-iv) of the HTSUS is modified by deleting “June 1, 2024,” and by inserting “June 15, 2024.”

Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.68 is submitted.

Per Annex C, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on June 15, 2024, and before 11:59 p.m. ET on May 31, 2025, the article description of heading 9903.88.69 and U.S. notes 20(vvv)(i-iv) of the HTSUS is inserted in numerical sequence by adding “9903.88.69.”

Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.69 is submitted.

ADDITIONAL INFORMATION

Imports which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

See also, summary of Section 301 duties and product exclusion notifications.

Reinstatement of the Collection of Information, 301 Exclusion Requests

On May 31, 2024, the Office of the U.S. Trade Representative published in the Federal Register (89 FR 47198) Agency Information Collection Activities; Request for Comments -— Reinstatement of the Collection of Information, 301 Exclusion Requests.

SUMMARY: The Office of the United States Trade Representative (USTR) is submitting a request to the Office of Management and Budget (OMB) to reinstate an information collection request (ICR) entitled 301 Exclusion Requests for three years under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations.

Notice of Extension of Certain Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

On May 30, 2024, the Office of the U.S. Trade Representative published in the 89 FR 46948)

Request for Comments on Proposed Modifications and Machinery Exclusion Process in Four-Year Review of Actions Taken in the Section 301 Investigation

On May 28, 2024, the Office of the U.S. Trade Representative published in the Federal Register (89 FR 46252) Request for Comments on Proposed Modifications and Machinery Exclusion Process in Four-Year Review of Actions Taken in the Section 301 Investigation

Extension of Exclusions and Request for Comments: China's Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation

On December 29, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 90225) Extension of Exclusions and Request for Comments: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation.

CSMS # 58869963 - GUIDANCE: Extension of Section 301 China Product Exclusions

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below:

excl

• U.S. notes 20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) are modified by deleting ‘‘January 1, 2024,’’ and by inserting ‘‘June 1, 2024,’’ with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2024, and before 11:59 p.m. eastern daylight time on May 31, 2024. 
  • Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.67 is submitted.
• U.S. notes 20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS) are modified by deleting ‘‘January 1, 2024,’’ and by inserting ‘‘June 1, 2024,’’ with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2024, and before 11:59 p.m. eastern daylight time on May 31, 2024.
  • Importers shall not submit the corresponding Chapter 99 HTSUS classification for the Section 301 duties when HTSUS 9903.88.68 is submitted.

ADDITIONAL INFORMATION

Imports which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146. 

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe.  If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe.  The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154.

Specifically, if importers enter Chinese goods during the gap period, January 1 through January 3, 2024, subject to the extended exclusions under HTSUS 9903.88.67 or HTSUS 9903.88.68, and pay Section 301 duties, importers should file a PSC on or after January 4, 2024 to obtain a refund of duties paid.

Reminder:  importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

USTR Extends Exclusions from China Section 301 Tariffs to Allow for Comments on a Review of the Exclusions and Alignment with Four-Year Review

On December 26, 2023, the Office of the United States Trade Representative announced the further extension through May 31, 2024, of the reinstated and COVID-related exclusions in the China Section 301 Investigation. The exclusions were previously scheduled to expire on December 31, 2023. USTR announced the opening of a docket for public comments on existing exclusions on January 22, 2024. The extension will enable the orderly review of the exclusions consistent with statutory factors and objectives to identify in which 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.

China 301 Exclusions Extended through December 31, 2023

On Septembere 11, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 62423) Notice of Extension for Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

SUMMARY: In prior notices, the U.S. Trade Representative 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, including medical-care products needed to address COVID. In December 2022, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions through September 30, 2023 and in May 2023 determined to extend 77 COVID-related exclusions through September 30, 2023. This notice announces the U.S. Trade Representative's determination to further extend the 352 reinstated exclusions and 77 COVID-related exclusions until December 31, 2023.

To provide a transition period for the expiring exclusions and to allow for further consideration under the four-year review, and pursuant to sections 301(b), 301(c), and 307(a) of the Trade Act of 1974, as amended, the U.S. Trade Representative has determined that it is appropriate to further extend the 352 reinstated exclusions and the 77 COVID-related exclusions, as set out in the Annex A and Annex B to this notice, until December 31, 2023.

Annex A

The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.67 and U.S. notes 20(ttt)(i), 20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 87 FR 78187 (December 21, 2022). The extension is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.67 of the HTSUS is modified by deleting ``September 30, 2023,'' and by inserting ``December 31, 2023,'' in lieu thereof.

Annex for COVID-Related Exclusions: Annex B

The U.S. Trade Representative has determined to extend all exclusions previously extended under heading 9903.88.68 and U.S. notes 20(uuu)(i), 20(uuu)(ii), 20(uuu)(iii), and 20(uuu)(iv) to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). See 88 FR 31580 (May 17, 2023). The extension is effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on October 1, 2023, and before 11:59 p.m. eastern standard time on December 31, 2023. Effective on October 1, 2023, the article description of heading 9903.88.68 of the HTSUS is modified by deleting ``October 1, 2023,'' and by inserting ``January 1, 2024,'' in lieu thereof.

China 301 Exclusions Extended through December 31, 2023

On September 6, 2023, the Office of the U.S. Trade Representative announced that exclusions from the China 301 tariffs, which were sset to expire September 30, have been extended through December 31,, 2023.

On December 2022, the U.S. Trade Representative determined to extend 352 previously reinstated exclusions through September 30, 2023. Today USTR announces the determination to further extend the 352 reinstated exclusions until December 31, 2023.

Today's announement also includes 77 COVID-related exclusions.

USTR Extends China 301 Exclusions for Certain COVID-related Products through September

On May 17, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 31580) Notice of Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

In prior notices, the U.S. Trade Representative 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 medical-care products needed to address COVID, and subsequently extended certain of these exclusions. The current COVID exclusions -- covering 81 medical-care products -- are scheduled to expire on May 15, 2023. This notice announces the U.S. Trade Representative's determination to provide a 16-day transition period for all COVID exclusions, extending them through May 31, 2023, and to extend 77 of the COVID exclusions through September 30, 2023.

USTR Extends Exclusions From China Section 301 Tariffs

On December 16, 2022, the Office of the U.S. Trade Representative announced a nine‑month extension of 352 product exclusions in the China Section 301 Investigation that had been scheduled to expire at the end of 2022. These exclusions were initially reinstated on March 28, 2022 and the extension will help align further consideration of these exclusions with the ongoing comprehensive four-year review.

All petitions filed by Agathon Associates on behalf of clients were approved.

BACKGROUND

On March 23,, 2022, the Office of the United States Trade Representative announced its determination to reinstate certain previously granted and extended product exclusions in the China Section 301 Investigation. The determination reinstates 352 of the 549 eligible exclusions. The reinstated product exclusions will apply as of October 12, 2021, and extend through December 31, 2022. The most recent action extends the exclusion through September 30, 2022.

USTR Extends Exclusions Of COVID-Related Products From China Section 301 Tariffs

On November 23, 3033, the Office of the United States Trade Representative announced the further extension of the COVID-related product exclusions in the China Section 301 Investigation. The exclusions were previously scheduled to expire on November 30, 2022. In light of the continuing efforts to combat COVID, the exclusions have been extended for an additional 90 days, through February 28, 2023.

The exclusions cover 81 medical-care products and were initially granted on December 29, 2020. Additional information is set out in the Federal Register notice, which can be viewed HERE.

USTR Extends 301 Exclusions for Pandemic-Related Articles

On June 3, 2022, the Office of the United States Trade Representative published in the Federal Register (87 FR 33871) Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The Trade Representative has determined to extend 81 of the COVID–19 related product exclusions for an additional 6 months.

CSMS #51741965 - UPDATE on Section 301 China Reinstatement HTSUS and two additional HTS numbers identified.

Due to an error in programming, as of April 12, 2022, ACE inadvertently would not permit the transmittal of the required chapter 99 numbers for China Section 301 duty and/or exclusion for several Harmonized Tariff Schedule of the United States (HTSUS) classifications.  

The ACE programming for the HTSUS numbers identified in CSMS message #51675127 issued on April 21, 2022, has been updated effective April 26, 2022, and importers are now able to file entries and PSCs with the appropriate chapter 99 number to either pay the China Section 301 duty or claim the exclusion to obtain refunds of duties paid. 

CBP also identified two additional HTSUS where ACE is not allowing t the transmittal of the required chapter 99 numbers for China Section 301 duty and/or exclusion on or after April 12, 2022: 

• 8524.11.9000
• 0304.83.5090

For these two additional HTSUS, the functionality for the acceptance of the associated China Section 301 Chapter 99 duty or exclusion number is available in the Automated Commercial Environment (ACE) effective April 28, 2022.

For more information on the reinstatement of certain Section 301 exclusions, see 87 FR 7380.

Corrective actions to be taken:

Importers who entered goods subject to China Section 301 under the HTSUS listed above on or after April 12, 2022, without the associated Chapter 99 number should file a Post Summary Correction (PSC) on or after the dates listed above correcting the entry summary line(s) by adding the appropriate Chapter 99 number to properly pay Section 301 duties or claim the exclusion to obtain refunds of duties paid.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTSUS when 98 or 99 HTSUS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative.  For questions related to Section 301 entry-filing requirements, please refer to CSMS message 40969690 Information on Trade Remedy Questions and Resources.

China 301 Exclusion Reinstatement Functionality in CBP's ACE Scheduled to Become Operative April 17

The functionality for the acceptance of Harmonized Tariff Schedule of the United States (HTSUS) 8536.50.9065 for the Section 301 China reinstatement of certain product exclusions under HTS classification 9903.88.67 will be available in the Automated Commercial Environment (ACE) on April 17, 2022.

UPDATE: Section 301 China Reinstatement of Certain Exclusions

p>CSMS #51515097 - UPDATE: Section 301 China Reinstatement of Certain Exclusions

This is an update to CSMS #51469298, issued March 31, e. The functionality for the acceptance of the Section 301 China reinstatement of certain product exclusions under Harmonized Tariff Schedule of the United States (HTSUS) classification 9903.88.67 will be available in the Automated Commercial Environment (ACE) as of 7 a.m. eastern standard time, April 12, 2022.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTSUS when 98 or 99 HTSUS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.

Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. For questions related to Section 301 entry-filing requirements, please refer to CSMS message 40969690 Information on Trade Remedy Questions and Resources.

Related CSMS Messages: 51166038, 50980729, 50967853, 46607637, 45318223, 44450418, 44451479, 44243021, 44198137, 44016918, 43600625, 43534641, 43400564, 43401456, 43134617, 43044185, 43043838, 42839255, 42837261, 42693720, 42566220, 42355914, 42203908, 42219187, 42181055, 42180527, 42048963, 41955151, 42049352, 48134749, 40003027, 40002982, 40001360, 19-000052, 41702837, 41179115, 41052773, 41538917, 40984510, 40901928, 49710742, 40330403, 40208881, 40969690, 40564257, 39587690, 39587858, 39473933, 39268267, 39169565, 38840764, 19-000332, 19-000260, 19-000244, 19-000238, 19-000236, 19-000212

GUIDANCE: Section 301 China Reinstatement of Certain Exclusions

Cargo Systems Messaging Service -- CSMS #51469298 -- GUIDANCE: Section 301 China Reinstatement of Certain Exclusions

The purpose of this message is to provide guidance regarding the retroactive reinstatement of certain exclusions to China 301 trade remedies from October 12, 2021 through December 31, 2022.

BACKGROUND

On March 28, 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 12:01 a.m. eastern daylight time on October 12, 2021, and before 11:59 p.m. eastern daylight time on December 31, 2022.

87 FR 17380 announces the USTR extension of 137 exclusions covered under Section 301 List 1, 59 exclusions on List 2, 266 exclusions on List 3, and 87 exclusions on List 4.

The reinstated exclusions can be claimed using Harmonized Tariff Schedule of the United States (HTSUS) classification 9903.88.67 and are available for any product that meets the description in the product exclusion as set out in Annex A to 87 FR 17380. In particular, the scope of each exclusion is governed by the scope of the ten-digit HTSUS subheadings and product descriptions in Annex A to 87 FR 17380.

The functionality for the acceptance of the reinstated product exclusions will be available in the Automated Commercial Environment (ACE) as of 7:00 am eastern standard time, April 7, 2022.

GUIDANCE

Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below:

Per 87 FR 17380 Annex A, in addition to reporting the regular Chapters 03, 05, 16, 29, 34, 38, 39, 40, 42, 48, 50, 51, 52, 54, 55, 56, 57, 58, 60, 61, 62, 63, 65, 68, 69, 70, 73, 75, 76, 82, 83, 84, 85, 86, 87, 90, 91 and 94 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.67 (Articles, the product of China as provided for in U.S. note 20 (ttt) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).

Importers shall not submit the corresponding Chapter 99 HTSUS number for the Section 301 duties when HTSUS subheading 9903.88.67 is submitted.

ADDITIONAL INFORMATION

Imports which have been granted a product exclusion from the Section 301 measures and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation if within the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154.

In situations where an importer has requested a product exclusion and the request is pending with the USTR, importers or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP.

Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTSUS when 98 or 99 HTSUS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise.