CBP Issues Notice on Entries Covered by Pending Section 301 Product Exclusion Requests
CBP provided instructions in a May 22 CSMS message on how to handle cases where an exclusion request is still pending with the Office of the U.S. Trade Representative, an issue recently addressed by a CBP official (see 1905090059). "If…
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you have a pending product exclusion request with USTR, or are importing a product that is covered by such a pending exclusion request, and you are concerned that a corresponding entry may liquidate before USTR renders a decision on the exclusion request," there are two options. The filer can either "request an extension of the liquidation deadline, and file a [post-summary correction] no later than 15 days before the extended date of liquidation," or " file a protest within the 180 day period following liquidation," CBP said. "When filing a protest, the protestant should identify the pending product exclusion decision from USTR as a basis for the protest. Upon receiving USTR’s decision on the product exclusion, the protestant should submit the exclusion information to CBP." After a protest is filed, "CBP will postpone making a determination on protests that include a claim identifying a pending product exclusion. Once USTR completes the exclusion processing, CBP will process these protests pursuant to USTR’s exclusion determination. That is, CBP will refrain from denying or granting a party’s protest before the importer receives a final determination from USTR regarding its product exclusion request."