The Tariff Exclusion Process is the administrative mechanism by which importers, trade associations, or other interested parties can request that specific products be excluded from Section 301, Section 232, or certain Section 201 duties. The USTR administers Section 301 exclusions; the Commerce Department historically administered Section 232 exclusions.
A typical Section 301 exclusion request must address:
- Availability of the product — Whether the product is available only from China or also from third countries or the United States
- Severe economic harm — Whether the duties would cause severe economic harm to the requester or other U.S. interests
- Strategic importance — Whether the product is strategically important to "Made in China 2025" or other Chinese industrial policies
Granted exclusions are published as new Chapter 99 provisions in the HTSUS — typically in the 9903.88 subheading range — covering specific product descriptions rather than just HTS codes. Importers self-classify into the exclusion and report the Chapter 99 number on entry to claim the reduced rate. Most exclusions are time-limited, though some have been repeatedly extended.
Exclusion activity has come in waves:
- 2018–2020 — The largest Section 301 exclusion process: tens of thousands of requests, thousands of grants
- 2020–2022 — Most original exclusions expired; a limited subset was renewed
- 2024 statutory review — USTR opened a narrow exclusion process tied to the four-year review and granted a limited set of machinery and equipment exclusions
- 2025 — Commerce ended the Section 232 product exclusion portal entirely
Importers tracking exclusions should monitor the Federal Register and the USTR exclusion portals; granted exclusions can sometimes be claimed retroactively through post-summary correction or protest.