Freight Pulse & Law Update: CBP Reopens Five Section 301 Exclusions, Refund Window Worth Checking

CBP’s CSMS #70261629 updates entry guidance for five existing Section 301 China product exclusions to reflect HTSUS statistical-code changes effective July 1. ACE will accept the revised reporting at 6 p.m. ET Oct. 23. The update preserves existing eligible exclusion coverage; it does not create a new exclusion.

The changes cover three exclusions for certain 8413.91 goods, one for 3926.90 goods, and one for products previously reported under 8479.90.9596. For the latter, the updated statistical reporting number is 8479.90.9591. The Federal Register notice states the amendment applies to qualifying goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 1.

What should importers and brokers check?

• Review affected product descriptions, classifications, entry dates and exclusion notes with your customs broker.

• When reporting HTSUS 9903.88.69 for an eligible product, do not also report the corresponding Chapter 99 number for Section 301 duties.

• Check potentially affected entries where duties were paid. CBP says an eligible importer may seek correction through a Post Summary Correction (PSC) within its filing window, or protest liquidation within the applicable deadline if the PSC window has passed.

Eligibility depends on the product and entry facts. Review the records with a customs broker or counsel; not every importer or entry qualifies for recovery.

Maryland and Mid-Atlantic: Importers routing goods through the region should check broker instructions and entry records for July 1 onward. A 3PL Maryland or Mid-Atlantic fulfillment partner can help reconcile receipt and inventory records with entry documentation.

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Sources: CBP CSMS #70261629; USTR Federal Register notice.