A Section 301 tariff exclusion is a decision by the US Trade Representative (USTR) that removes the extra China Section 301 duty for a narrowly described product. It applies to any importer whose goods match the exact 10-digit code and description, not just the company that asked for it. As of October 16, 2026, 178 exclusions remain in force through 11:59 p.m. Eastern on November 9, 2026, and no general process for new exclusion requests is open.
Key Takeaways
- An exclusion removes the 2018 Section 301 duty for an exactly described product.
- 178 exclusions run through 11:59 p.m. Eastern on November 9, 2026.
- Exclusions do not remove the forced-labor or Section 232 layers.
- Price both outcomes and confirm before each shipment.
How an Exclusion Works
An exclusion does not change the product’s classification or its general rate. It only switches off the Section 301 layer from the 2018 China case. The scope is set by the HTSUS statistical number and the written product description in the notes to Chapter 99. If your product fits the code but not the description, the exclusion does not apply.
At entry, the broker reports the exclusion’s Chapter 99 heading instead of the normal Section 301 list heading. The current extended exclusions sit under headings 9903.88.69 and 9903.88.70, which the HTS shows as valid through November 9, 2026. Exclusions do not remove other layers, such as the 12.5% forced-labor Section 301 tariff that began July 24, 2026, or Section 232 duties.
Where the 178 Exclusions Came From
USTR’s December 1, 2025 notice sets out the history. In May 2024, USTR extended 164 of 429 previously reinstated and COVID-related exclusions. In September 2024, it added 14 exclusions for certain solar manufacturing equipment. Those 178 were extended several times, and after the November 2025 US-China trade arrangement, USTR extended all of them to November 2026. The notice says USTR “may continue to consider further extensions.”
In July 2026, the USITC changed some 10-digit statistical numbers. USTR published conforming amendments on September 2 and October 7, 2026 so that five affected exclusions keep the same product coverage under the new numbers. This is a reminder to check the current wording, not an old list.
Exclusion Checklist for Importers
| Question | Where to check | What it means for you |
|---|---|---|
| Is my 10-digit code named in an exclusion? | U.S. notes 20(vvv) and 20(www) to Chapter 99 | If not, the exclusion cannot apply |
| Does my product match the description word for word? | The same notes | A partial match does not qualify |
| Did the code change on July 1, 2026? | USTR conforming amendment notices | Use the amended number |
| Is it still in force on my entry date? | The Federal Register and the HTS | Currently through November 9, 2026 |
| What other duties still apply? | Your broker | General rate, forced-labor layer and Section 232 may remain |
Planning for November 9, 2026
If an exclusion lapses, the normal Section 301 rate for that product applies again to goods entered after the end date. For an item on List 3 that means 25% on top of the general rate. Importers relying on an exclusion should price both outcomes, watch for a USTR notice before the deadline and avoid assuming an extension.
Most EV chargers are not covered by the current exclusions. CBP rulings place AC chargers, DC chargers and charging cables under the List 3 heading. Check with your broker before counting on any relief. Our US import overview covers the entry process, and unit cost drivers shows how a duty change flows into price.
Exclusions are a legal relief, so the product description must be accurate. Changing a description or code to fit an exclusion is misdeclaration. A clean paper trail from the actual maker helps; see factory vs trading company suppliers. EVDANCE provides full product descriptions for models such as the EV-ACS3210T 32A NACS portable charger. All dates are as of October 16, 2026; confirm with the Federal Register and a licensed customs broker.
Frequently Asked Questions
Can I apply for a new Section 301 exclusion now?
Only when USTR opens a process by notice. As of mid-October 2026, we found no open general request process.
Does an exclusion cover the forced-labor tariff?
No. It applies to the 2018 China Section 301 duties only.
Do I need to be the company that requested it?
No. Any product matching the code and description qualifies.
Related Reading
- Importing EV Chargers Into the US: Customs, HTS and Section 301
- What Drives the Unit Cost of an OEM EV Charger
- Chinese EV Charger Manufacturers: Factory, Trading Company or Marketplace Seller?
