USTR Amends Four Section 301 China Product Exclusions to Match New HTS Codes — Retroactive to July 1, 2026, With All 178 Exclusions Still Set to Expire November 9, 2026 (September 2026)
The Office of the U.S. Trade Representative published a notice on September 2, 2026 making conforming amendments to four of the Section 301 China product exclusions. The change is administrative rather than substantive: on July 1, 2026 the U.S. International Trade Commission changed some statistical reporting categories in the Harmonized Tariff Schedule, and USTR is updating the exclusion notes so they point at the new statistical reporting numbers instead of retired ones. The amendments cover HTSUS subchapter III chapter 99 notes 20(vvv)(i)(4), 20(vvv)(i)(5), 20(vvv)(i)(6), and 20(vvv)(iv)(4), and are effective retroactively for goods entered for consumption on or after 12:01 a.m. eastern standard time on July 1, 2026. Importers who classified affected goods under the old statistical numbers between July 1 and now may need to correct entries to keep claiming the exclusion.
Real-World Impact
The amendments are effective for entries on or after July 1, 2026, but the notice was not published until September 2, 2026 — a roughly two-month window in which affected entries were filed before the corrected statistical numbers were on the books.
Key Points
- USTR published the conforming-amendment notice on September 2, 2026; it amends four existing Section 301 China product exclusions
- The trigger was the USITC's July 1, 2026 changes to HTSUS statistical reporting categories — the exclusions themselves are not being narrowed or expanded, only re-pointed at current codes
- Amended notes: subchapter III of chapter 99, U.S. notes 20(vvv)(i)(4), 20(vvv)(i)(5), 20(vvv)(i)(6), and 20(vvv)(iv)(4)
- New statistical reporting numbers cited in the annex: 8413.91.9039, 8413.91.9046, 8413.91.9059 and 8413.91.9099 for three of the amendments, and 3926.90.9915 or 3926.90.9920 for the fourth
- Effective retroactively for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on July 1, 2026
- Separately, USTR's December 1, 2025 extension notice keeps all 178 current Section 301 exclusions alive only through 11:59 p.m. eastern daylight time on November 9, 2026
What You Should Do Now
- 1Ask your customs broker whether any of your China entries claim exclusions under chapter 99 notes 20(vvv)(i)(4), (i)(5), (i)(6) or (iv)(4)
- 2If so, review entries filed on or after July 1, 2026 and confirm they used the statistical reporting numbers named in the annex (8413.91.9039/.9046/.9059/.9099 or 3926.90.9915/.9920) — file post summary corrections where needed
- 3Diary November 9, 2026: all 178 Section 301 exclusions extended by USTR's December 1, 2025 notice expire at 11:59 p.m. EDT that day unless extended again
- 4Model your Q4 and Q1 landed cost both with and without the exclusion so you know what your margin looks like if the November 9 deadline passes without an extension