Executive Summary
USTR amended four China Section 301 exclusion provisions to reflect HTSUS statistical-reporting changes effective July 1, 2026.
The changes apply by entry date: they cover goods entered for consumption, or withdrawn from a warehouse for consumption, on or after 12:01 a.m. eastern standard time on July 1.
Three provisions now refer to statistical numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099; a fourth refers to 3926.90.9915 or 3926.90.9920.
USTR says the amendments preserve existing product coverage and do not announce a new duty rate; CBP will issue entry guidance and implementation instructions.
China Section 301 exclusions now reflect revised HTSUS statistical numbers for goods entered for consumption, or withdrawn from a warehouse for consumption, on or after July 1, 2026. In its notice of conforming amendments, published September 2, the Office of the United States Trade Representative (USTR) updated four exclusion provisions after the U.S. International Trade Commission changed statistical-reporting categories effective July 1.
The notice makes no new duty rate and says the amendments maintain the exclusions’ pre-existing product coverage. The operative date is the date of entry for consumption or warehouse withdrawal for consumption, not the notice’s publication date.
Which China Section 301 Exclusions Changed?
The amendments affect U.S. notes 20(vvv)(i)(4), 20(vvv)(i)(5), 20(vvv)(i)(6) and 20(vvv)(iv)(4) in subchapter III of chapter 99 of the HTSUS. USTR identifies them as four existing product exclusions associated with the Section 301 investigation of China’s acts, policies and practices related to technology transfer, intellectual property and innovation.
The first three provisions now distinguish the statistical descriptions through June 30, 2026, from those effective July 1. For the period beginning July 1, they refer to statistical reporting numbers 8413.91.9039, 8413.91.9046, 8413.91.9059 or 8413.91.9099.
The fourth provision concerns statistical reporting number 3926.90.9910 before July 1. For the period beginning July 1, it refers to 3926.90.9915 or 3926.90.9920. These are amendments to the identified note provisions, not a notice of new exclusion requests or a new Section 301 duty.
Which Entry Dates Use the Revised HTSUS Numbers?
The amended language applies to goods entered for consumption, or withdrawn from a warehouse for consumption, on or after 12:01 a.m. eastern standard time on July 1, 2026. A qualifying entry or withdrawal on that date or later uses the revised statistical descriptions in the relevant note provision.
For goods entered for consumption or withdrawn from a warehouse for consumption before July 1, the amendment’s revised descriptions do not apply. The notice separates the statistical descriptions through June 30 from those effective July 1, so teams should use the description corresponding to the entry or withdrawal date.
The notice does not make the September 2 publication date the start of the change. Its annex makes the amendments effective as of July 1, 2026, and expressly applies them to entries and withdrawals from that time.
Do the Revised Numbers Change Section 301 Duty Rates?
USTR describes the amendments as necessary to maintain the pre-existing product coverage of the China Section 301 actions. It does not announce that the exclusions cover additional products, remove products from coverage, or establish a new duty rate. The change described is the update to statistical-reporting references in four existing note provisions.
A revised statistical number alone does not establish that a particular good qualifies for an exclusion. Entry teams should match the merchandise to the applicable exclusion’s product description and note provision, then use the statistical description that corresponds to the entry date. The notice does not reproduce the full underlying product descriptions, so the revised numbers should not be treated as a substitute for checking the exclusion’s scope.
What Are the China Section 301 Exclusion Dates?
- July 1, 2026, effective date: The USITC statistical-reporting changes took effect, and USTR’s conforming amendments apply to goods entered for consumption or withdrawn from a warehouse for consumption on or after 12:01 a.m. eastern standard time.
- September 2, 2026, publication date: USTR published the notice announcing the amendments.
- No separate future effective date is stated: The amendments are already effective as of July 1, rather than scheduled to begin on a later date.
The July 1 effective date precedes publication. The notice does not provide a separate transition period.
What Should Importers and Brokers Do Now?
Check the consumption entry or withdrawal date. For each potentially covered shipment, establish whether the goods were entered for consumption or withdrawn from a warehouse for consumption before July 1, or on or after 12:01 a.m. eastern standard time that day.
Match the note provision to the goods. Review whether the relevant exclusion is one of notes 20(vvv)(i)(4), (i)(5), (i)(6) or (iv)(4), and confirm that the merchandise meets the exclusion’s product description. Do not rely on a statistical number alone to establish eligibility.
Update entry data for post-July 1 entries. For the three 8413 provisions, check the four revised numbers stated in the notice. For note 20(vvv)(iv)(4), check 3926.90.9915 or 3926.90.9920. Coordinate with the broker or entry team and follow CBP’s implementation instructions when issued.
What Does USTR Leave Open on These Exclusions?
The notice states that CBP will issue instructions on entry guidance and implementation, but does not provide those instructions or a date for their issuance. It also does not reproduce the full underlying product descriptions or identify the pre-July 1 statistical numbers for the three 8413 provisions. Until CBP issues its instructions, teams should apply the effective date and revised descriptions stated in USTR’s notice while verifying exclusion eligibility against the applicable product description.
Sources
- Notice of Conforming Amendments to Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, Federal Register
This publication is for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. Reading it does not create, and receipt of it does not constitute, an attorney-client relationship. Readers should not act on this information without seeking advice from qualified counsel. The views expressed are those of this site and its owner as of the date of publication. Although we try to keep this content complete, accurate and up to date, we assume no responsibility for its completeness, accuracy or timeliness.