There are only two remaining exclusion sets for the Section 301 tariffs on China-origin goods. The exclusions granted under 9903.88.67 cover 352 wide-ranging products, and the 77 exclusions granted under 9903.88.68 cover products related to COVID relief. These exclusions have been extended several times in the past but are scheduled to expire on Dec 31. If another extension is not granted, the covered goods will once again fall under the additional tariffs. Most of the products would be assessed an additional 25% tariff under 9903.88.01, 9903.88.02, or 9903.88.03. A smaller number of the products would be assessed an additional 7.5% tariff under 9903.88.15. All of the other Section 301 exclusions have already expired.
While it is certainly possible that another extension for one or both of these sets will be granted, the USTR ominously stated in September that the extensions were granted to “allow for further consideration under the four-year review.” This may be an indication that there may be no further extensions being considered. While we would hope for an early decision on any extensions, history has shown that a decision could come at the last minute.
We will monitor the situation closely and report if and when any extensions are granted, but importers need to be aware that the return of the additional duties is a possibility. Cargo arriving after an expiration date is not eligible for the exclusion, even if the entry was filed earlier.
Click here to view the 2023 Exclusion Guide.
Sam McClure, LCB
Director of Compliance & Customs Services
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Meet one of CVI’s Customs Brokerage & Compliance experts, Sam McClure:
Sam serves as Director, Compliance and Customs Services for CVI. He serves as CVI’s corporate compliance officer and is responsible for overseeing all aspects of our Customs related services, including growth.
Sam started his career in 1977 with Waters Shipping Company in Charlotte, NC. He began as a document runner, soon becoming a leader in operations and customer service for the branch. Sam, along with Linda Masten, founded Central Carolina Shipping Inc. in 1983 as an independent Customs Brokerage firm where he served as Vice President for 26 years. Sam and Linda grew Central Carolina into a successful and highly respected member of the Carolinas trade community. When Charlotte opened their local chapter of the IFFCBA Sam was part of the organizing group and he headed the Customs committee for several years. Sam obtained his Customs Brokers License in 1984 and remained with Central Carolina until the company was acquired by CVI in 2009.
At CVI, Sam has held several positions in both the operations and sales departments. As an expert in U.S. Customs regulations, Sam is often called upon on to provide guidance to importers on Customs compliance issues. He makes regular presentations on matters related to importation and broader regulatory compliance.
– Sam McClure, LCB, Director of Compliance & Customs Services, CVI
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