MEMO TO CLIENTS ISSUE 23-027- December 26, 2023


USTR has Announced Extending Existing Exclusions on China 301 Duties

The Office of the U.S. Trade Representative issued a press release this morning announcing a 5-month extension to May 31, 2024, of the current exclusions from China 301 duty assessments that were due to expire on December 31, 2023. The USTR extended these exclusions as part of the ongoing regulatory review of the 4-year expiration of lists 3 and 4a that was initiated in September of 2022.

This additional extension of the current 429 exclusions is being allowed by the USTR in response to comments still undergoing the review of the expiration of the two lists.   This additional extension will allow for a more orderly review of exclusions that could also allow for more time to make shifts in sourcing for products that could lose their exclusion process.   The Press Release for this announcement can be found at USTR Extends Exclusions from China Section 301 Tariffs to Allow for Comments on a Review of the Exclusions and Alignment with Four-Year Review | United States Trade Representative. The USTR will allow comments on the 301 exclusions for 30 days beginning on January 22, 2023. A draft of that Federal Register Notice that should be posted sometime this week can be found at Section 301 COVID-Related Exclusions Extension FRN – December 2023.pdf (