This week, the Office of the United States Trade Representative (USTR) announced another new round of exclusions for products on List 4A. This seventh round of exclusions consists of 11 entire-subheading exclusions and 53 product-specific exclusions, covering products such as batteries, plastic clamps and clips, and textiles. Additionally, while these exclusions are being granted, the opportunity to comment on their extension is already open. The docket opened July 15, 2020 and will close August 14, 2020.

Exclusions for these List 4A goods apply retroactively for goods entered for consumption or withdrawn from warehouse on or after September 1, 2019. The exclusions remain in effect until September 1, 2020. Note that product exclusions are not importer-specific—they are applicable for any importer of the excluded merchandise. The scope of the exclusions is governed by the language of the product descriptions provided by USTR in its list, not by product descriptions shown in any particular exclusion request or HTS classification.

Depending on the entry date, anyone who believes they are eligible for a product exclusion will need to file a post-summary correction or protest of liquidation with U.S. Customs and Border Protection to obtain a refund for excluded products that entered U.S. customs territory on or after September 1, 2019.

Currently, extension comments are open for List 2 exclusions granted in September and October of 2019 and List 4 exclusions granted in March, May, and June of 2020. The deadline for comment on extension of these List 2 and List 4 exclusions is July 30, 2020. Members can submit comments using USTR’s online portal. USTR has not been granting exclusion extensions absent comments supporting the extension, so members are encouraged to submit comments in support of any product exclusion benefitting you or your suppliers.

For more information or to request the Association submit comments on any product, contact Samantha Rocci at [email protected].