USTR Announces Extension of
Exclusions Until May 2024

January 3, 2024

On December 29, 2023, the United States Trade Representative issued Federal Register Notice (FR 88 90225), Extension of Exclusions and Request for Comments: China’s Acts, Policies and Practices Related to Technology Transfer, Intellectual Property and Innovation. The notice indicated that the USTR determined to extend 352 previously reinstated exclusions and 77 COVID-related exclusions for five months, through May 31, 2024. However, it is important to note that the recently extended exclusions won’t be added to ACE until January 4, 2024. This means that importers may need to submit a post-summary correction to obtain refunds if imported merchandise qualifies for an exclusion and is brought in between January 1st and January 4th.

The notice also announced that the USTR is opening a docket for public comments on whether to further extend these particular exclusions. Interested parties may submit comments via the portal (http://comments.ustr.gov/) beginning January 22, 2024. The deadline to submit a comment is February 21, 2024. Comments can only be submitted to extend one of the 352 previously reinstated exclusions or 77 COVID related and not exclusions that are no longer valid.

For additional information on this or other Customs matters, contact George R. Tuttle, III at geo@tuttlelaw.com or (415) 986-8780.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

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