In a Public Inspection Notice issued tonight, the Office of the United States Trade Representative (“USTR”) announced the extension of 352 reinstated exclusions and 77 COVID-related exclusions until December 31, 2023 to allow USTR to complete its four-year-review of the actions taken in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation.
Specifically, USTR’s announcement keeps the status quo in place pending completion of the four-year-review insofar as there will not be a “yo-yo effect” of on-again, off-again duties on imports of certain goods from China. Previously, USTR had announced retroactive application of extended exclusions, which required U.S. importers to either file a Post Summary Correction or a protest with U.S. Customs and Border Protection to obtain duty refunds. USTR’s advance notice alleviates importers of that burden going forward. U.S. importers must still employ reasonable care in determining whether an exclusion applies to specific imports.
The CLK team is well positioned to assist U.S. importers in ensuring that they are not paying more in duty liability than is otherwise due.