CSMS 43043838·Trade policy·June 15, 2020·View on csms.cbp.gov ↗

GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy

Plain-English explanation

CSMS 43043838 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on June 15, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy". 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 #43043838 - GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($ 34B Action) of China Section 301 Remedy U.S. Customs and Border Protection sent this bulletin at 06/15/2020 10:28 AM EDT Cargo Systems Messaging Service CSMS #43043838 - GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($ 34B Action) of China Section 301 Remedy BACKGROUND On June 2, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 33775 to extend through December 31, 2020 certain product exclusions previously covered by the June 4, 2019 notice (see 84 FR 25895 ) for Section 301 duties on China ($ 34B Action - Tranche 1). These product exclusions relate to the imposed additional duties on Chinese goods with an annual trade value of approximately $ 34 billion and will apply as of June 4, 2020, and extend through December 31, 2020. The scope of each exclusion is governed by the scope of the HTSUS 10-digit classification and product descriptions in the Annex per FR notice 85 FR 33775 ; not by the product descriptions set out in any particular request for exclusion. A link to the Federal Register Notice is embedded in this message. The functionality for the acceptance of the extended product exclusions will be available in the Automated Commercial Environment (ACE) as of 7 am eastern standard time, June 11, 2020. 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 85 FR 33775 are set out below: In addition to reporting the regular Chapter 84, 85 and 90 classifications of the HTSUS for the imported merchandise, as of June 4, 2020, importers shall report the HTSUS classification 9903.88.50 (Articles, the product of China, as provided for in U.S. note 20(ccc) 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 HTS number for the Section 301 duties when HTS 9903.88.50 is submitted. ADDITIONAL INFORMATION 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. Duty exclusions granted by USTR for the extension are effective with respect to entries on or after June 4, 2020 and through December 31, 2020. 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 if within the protest filing timeframe. The latest guidance on the process for submitting retroactive claims for product exclusions to CBP is found in CSMS 42566154 . Reminder: importers, brokers, and/or filers should refer to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required) for guidance when filing an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise. For ease of reference, a summary of Section 301 duties and product exclusion notifications is attached. 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, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04 Related Messages: 42839255, 42837261, 42693720, 42566220, 42355914, 42203908, 42219187, 42181055, 42180527, 42048963, 41955151, 42049352, 48134749, 40003027, 40002982, 40001360, 19-000052, 41702837, 41179115, 41052773, 41538917, 40984510, 40901928, 49710742, 40330403, 40208881, 40969690, 40564257, 39587690, 39587858, 39473933, 39268267, 93169565, 38840764, 19-000332, 19-000260, 19-000244, 19-000238, 19-000236, 19-000212 Section 301 Tranches and Rounds chart 060320.pdf 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 43043838?

CSMS 43043838 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "GUIDANCE: Extension of Certain Product Exclusions Covered under Tranche 1 ($34B Action) of China Section 301 Remedy". 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 43043838 published?

CBP published CSMS 43043838 on June 15, 2020. 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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