CSMS 54197079·Trade policy·December 1, 2022·View on csms.cbp.gov ↗

GUIDANCE: Extension of Section 301 China Product Exclusions

Plain-English explanation

CSMS 54197079 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on December 1, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "GUIDANCE: Extension of Section 301 China Product Exclusions". 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 # 54197079 - GUIDANCE: Extension of Section 301 China Product Exclusions U.S. Customs and Border Protection sent this bulletin at 12/01/2022 03:04 PM EST Cargo Systems Messaging Service CSMS # 54197079 - GUIDANCE: Extension of Section 301 China Product Exclusions The purpose of this memorandum is to provide guidance on extending the 81 COVID-19 related Section 301 product exclusions which are currently scheduled to expire on November 30, 2022. BACKGROUND On November 29, 2022, United States Trade Representative (USTR) published 87 FR 73383 , extending the COVID-19 related Section 301 product exclusions for three months, through February 28, 2023. The exclusions listed are available for any product that meets the description as set out in Annex B to 86 FR 63438 , 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 classification and product descriptions provided in the Annexes to 86 FR 63438 , 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 the Automated Commercial Environment (ACE) as of 7 am eastern standard time, December 1st, 2022. 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 87 FR 73383 and Annex B of Federal Register notice 86 FR 63438 , in addition to reporting the regular Chapters 28, 34, 38, 39, 40, 48, 52, 55, 56, 61, 62, 63, 65, 84, 85, and 90 classifications of the HTSUS for the imported merchandise, importers shall report the HTSUS classification 9903.88.66 (Articles, the product of China as provided for in U.S. notes 20(sss)(i), 20(sss)(ii), 20(sss)(iii), and 20(sss)(iv) 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 HTSUS classification for the Section 301 duties when HTSUS 9903.88.66 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 . Specifically, if importers enter Chinese goods subject to the extended exclusions under HTSUS classification 9903.88.66 on or after December 1, 2022, and pay Section 301 duties, importers should file Post Summary Corrections on or after December 2, 2022, to obtain a refund of duties paid. 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 #CSMS #52417905 (Information on Trade Remedy Questions and Resources) CSMS #52417905 - UPDATE: Information on Trade Remedy Questions and Resources (govdelivery.com) . Related Messages: 49634975, 46607637, 45318223, 44450418, 44451479, 44243021, 44198137, 44016918, 43600625, 43534641, 43400564, 43401456, 43134617, 43044185, 43043838, 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, 39169565, 38840764, 19-000332, 19-000260, 19-000244, 19-000238, 19-000236, 19-000212 Section 301 Tranches and Rounds chart 112322.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 54197079?

CSMS 54197079 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "GUIDANCE: Extension of Section 301 China Product Exclusions". 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 54197079 published?

CBP published CSMS 54197079 on December 1, 2022. 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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