A Quick Guide to Checking Section 301 China Tariff Exclusion Eligibility

Customers are telling us they see their tariff numbers listed in an exclusion notice and want to submit a request based solely on that match. But as we know from USTR guidance, qualifying for an exclusion takes more than lining up the tariff numbers—several other factors must also fit.

Are you trying to figure out whether a product can legitimately use a Section 301 exclusion (those 9903.88.xx special provisions)? Here’s a practical checklist to run through before filing an entry to avoid triggering a compliance headache.

1. Start with the basics.

Before diving into the weeds, make sure the fundamentals line up:

• The product is actually of Chinese origin under CBP rules (not just manufactured elsewhere and shipped from China).
• Section 301 duties apply to the HTS line—meaning it’s on List 1, 2, 3, or 4A.
• You’ve identified which list the product falls under (List 1, 2, 3, or 4A).

2. Track down the exact exclusion.

Not all exclusions are created equal, and most have expiration dates. Double-check:

• The specific USTR or Federal Register notice that contains the exclusion or its extension.
• The exact exclusion line, including the base HTS and matching 9903.88.xx provision.
• That the exclusion is active for the import date—expired exclusions will not work.

3. Match the product description (this is the make-or-break step).

This is where most mistakes happen. The written description—not just the HTS number—controls eligibility.

• Read the exclusion text word-for-word.
• Your product must match every single element: technical features, materials, measurements, specs.
• All qualifiers must fit—things like “not exceeding,” “designed solely for,” “for use with,” etc.
• If even one qualifier doesn’t line up, the exclusion cannot be claimed.

4. Validate classification and documentation.

Once you’re confident your product matches, back it up with the right paperwork.

• Invoice and packing list descriptions should clearly support the exclusion language.
• HTS classification must be correct and consistent with internal databases or prior CBP rulings.
• Both the base HTS and the 9903.88.xx code should be documented for the entry.

5. Lock in recordkeeping and risk controls.

Future-you (and your auditors) will be grateful.

• Save the Federal Register/USTR notice in the shipment file.
• Keep internal classification notes and supporting technical details on hand.
• Record who confirmed the exclusion and the date.
• For high-value or ambiguous products, escalate to compliance or legal for written sign-off.

6. Watch for red flags—these require escalation

If you hit any of these, pause and get a second opinion:

• The product description only sort of fits and requires “creative interpretation.”
• There’s internal disagreement on the correct HTS classification.
• The exclusion’s expiration date is near, unclear, or contested.
• The supplier has changed specs, and the classification/exclusion hasn’t been re-evaluated.

Bringing it all together.

For a product to truly qualify, you need both:

1. A correct HTS classification that matches the exclusion’s HTS reference, and
2. A product that fully aligns with the written exclusion description and any qualifiers.

If there’s uncertainty or disagreement, don’t claim the exclusion—escalate and get written approval first. Filing these exclusions improperly can result in delays and fees, plus original duties, potential interests, and incorrect declarations could pose potential legal issues.

Apex helps you navigate these changes.

Apex offers over 4,000 flights annually with a global presence spanning seventy countries. Our team members empower our customers around the globe with unparalleled air, ocean, truck, and railway freight services. We have a deep knowledge of contract logistics, supply chain, and order management, and IT and customs brokerage services. Apex delivers passion to our growing base of more than twenty thousand customers.

The Apex Customs and International Trade (CIT) division of Apex and Licensed Customs Brokerage Consultants is here to assist you and your customers in navigating the latest compliance and tariff changes. Speak to your representative to get started.

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