CSMS 39985407·Trade policy·September 26, 2019·View on csms.cbp.gov ↗

GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties

Plain-English explanation

CSMS 39985407 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on September 26, 2019. It carries the official CBP guidance brokers and importers must follow for the topic — "GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #39985407 - GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties U.S. Customs and Border Protection sent this bulletin at 09/26/2019 04:24 PM EDT Cargo Systems Messaging Service CSMS #39985407 - GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties BACKGROUND On September 20, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 49564 announcing the decision to grant the tenth round of certain exclusion requests from the 25 percent duty assessed under the Section 301 investigation related to goods from China ($ 34B Action - Tranche 1). These product exclusions relate to the imposed additional duties announced in 83 FR 28710 on Chinese goods with an annual trade value of approximately $ 34 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The product exclusions announced in this notice will retroactively apply as of the July 6, 2018 effective date of the $ 34 billion action (Tranche 1), and will extend for one year after the publication of 84 FR 49564. The exclusions are available for any product that meets the description as set out in the Annex to Federal Register Notice 84 FR 49564, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. The Annex to 84 FR 49564 link is embedded in this document for ease of reference. ANNEX The functionality for the acceptance of the tenth round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of September 29, 2019. GUIDANCE Instructions for importers, brokers, and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 49564 are as follows: In addition to reporting the regular Chapters 84, 85, 87, 88 and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.14 (Articles the product of China, as provided for in U.S. note 20(q) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative) for imported merchandise subject to the exclusion. Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.14 is submitted. Paragraph “B” of the Annex to 84 FR 49564 corrects a previous exclusion round; U.S. note 20(n)(105) to subchapter III of chapter 99 of the HTSUS (6th Round - 9903.88.11), correcting the description of “Dental X-ray alignment and positioning apparatus.” ADDITIONAL INFORMATION Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of July 6, 2018 (83 FR 28710). 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. Reminder: when importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, they should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS in ACE). 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. For ease of reference, a summary of Section 301 actions are provided below: For more information related to the eleventh round of products of China excluded from Section 301 duties, please refer 84 FR 49564, issued September 20, 2019. Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements should be emailed to Traderemedy@cbp.dhs.gov. Related Messages: #38840764, 19-000332- 19-000244, 19-000212, 19-000155, 19-000052 Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 39985407?

CSMS 39985407 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "GUIDANCE: Tenth Round of Products Excluded from Section 301 Duties". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 39985407 published?

CBP published CSMS 39985407 on September 26, 2019. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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