CSMS 44198137·Trade policy·September 24, 2020·View on csms.cbp.gov ↗

GUIDANCE: Section 301 Tranche 2

Plain-English explanation

CSMS 44198137 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on September 24, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "GUIDANCE: Section 301 Tranche 2". 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 #44198137 -GUIDANCE: Section 301 Tranche 2 - $ 16B Action Extension of Product Exclusions from China U.S. Customs and Border Protection sent this bulletin at 09/24/2020 04:17 PM EDT Cargo Systems Messaging Service CSMS #44198137 -GUIDANCE: Section 301 Tranche 2 - $ 16B Action Extension of Product Exclusions from China BACKGROUND On September 22, 2020, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 85 FR 59595 to extend through December 31, 2020 certain product exclusions previously covered by the September 20, 2019 notice (see 84 FR 49600 ) for Section 301 duties on China (Tranche 2 - $ 16B Action). This product exclusion extension relates to the imposed additional duties on Chinese goods with an annual trade value of approximately $ 16 billion. Duty exclusions granted by the USTR for the extension are effective with respect to entries on or after September 20, 2020 and extend through December 31, 2020 . The exclusions listed are available for any product that meets the description as set out in the Annex to 85 FR 59595 , regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS headings and product descriptions provided in the Annex to 85 FR 59595 , not by the product descriptions set out in any particular request for exclusion. The functionality for the acceptance of the extended product exclusions will be available in ACE as of 7 am eastern standar d time, September 29, 2020. GUIDANCE Instructions for importers, brokers, and filers on submitting entries to CBP containing granted exclusions by the USTR from the Section 301 measures are set out below : Per 85 FR 59595 , in addition to reporting the regular Chapters 39, 73, 85, and 87 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.59 (Articles, the product of China, as provided for in U.S. note 20(lll) 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 9903.88.59 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. 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 . In situations where an importer has requested a product exclusion and the request is pending with the USTR, importers or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP 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 . Section 301 Tranches and Rounds chart 091420.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 44198137?

CSMS 44198137 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "GUIDANCE: Section 301 Tranche 2". 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 44198137 published?

CBP published CSMS 44198137 on September 24, 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.

Learn more

Tandom guides relevant to CBP CSMS messages

Subscribe to and triage CBP CSMS messages

How to subscribe to CBP Cargo Systems Messaging Service and triage the messages that change broker filing behavior, without losing the ones that matter.

Open resource

Real-time alerts when a CSMS message changes a duty rate

Set up alerts when a CBP CSMS message changes a duty rate on an HTS code you depend on. Built for brokers, forwarders, and importer compliance teams.