U.S. CBP guidance on submitting entries containing granted exclusions

Section 301 action concerning medical-care products from China (COVID-19)

Section 301 action concerning medical-care products from China (COVID-19)

The Office of the U.S. Trade Representative (USTR) in November 2022 announced the determination to further extend certain product exclusions—that is, to remove Section 301 customs duties from medical-care products from China that address COVID-19—through February 28, 2023. Read TradeNewsFlash

U.S. Customs and Border Protection (CBP) today issued guidance—CSMS # 54197079—for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures. Instructions in the guidance are set out as follows:

  • Per 87 FR 73383 and Annex B of Federal Register notice 86 FR 63438, in addition to reporting the regular Chapters 28, 34, 38, 39, 40, 48, 52, 55, 56, 61, 62, 63, 65, 84, 85, and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.66 (Articles, the product of China as provided for in U.S. notes 20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) 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 classification for the Section 301 duties when HTSUS 9903.88.66 is submitted.

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
E: ivaysfeld@kpmg.com

Amie Ahanchian
E: aahanchian@kpmg.com

Christopher Young
E: christopheryoung@kpmg.com

Gisele Belotto
E: gbelotto@kpmg.com

George Zaharatos
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
E: jlibby@kpmg.com

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