November 9, 2021, the USTR announced the extension of the 99 COVID-related exclusions. The first group of 18 Harmonized Tariff Schedule (HTS) subheadings, which were set to expire, will be extended until November 30, 2021. The second group of 81 HTS subheadings that would have expired is extended until May 31, 2022. The announcement and list of HTS subheadings can be found here Covid Exclusions.
Importers may have an opportunity to request that the USTR exclude their imports. USTR published a notice on their website that announced that it would review, and possibly reinstate 549 previously-extended exclusions that expired. The index of exclusions is found here: USTR Index of 549 Previously Extended Exclusions USTR submission of comments opened October 12, 2021 and will close December 1, 2021.
July 6, 2021, the U.S. Court of International Trade (CIT entered a preliminary injunction that suspended the liquidation of plaintiffs’ unliquidated entries from China that are subject to Section 301 duties under so-called “List 3” and “List 4A.” The 301 Court case has not been decided and some entries are still in suspension. For further information regarding the case see:
While the Biden Administration is reviewing the previous administration’s trade policies, substantive changes to Section 301 actions or to the tariff exclusions on U.S. imports from China are not expected, which means China 301 tariff will be kept in place.