# Section 301 exclusions: how to check if your product qualifies

Source: https://dutywatchhq.com/blog/2026-11-13-section-301-exclusions-check-product.html

Cross-border operations guide · November 13, 2026


**Short answer:** A Section 301 exclusion removes the extra duty for a product that matches the exclusion's description, and it is claimed on the entry under HTS 9903.88.69 or 9903.88.70. There are 178 exclusions left: 164 product-specific exclusions and 14 for solar manufacturing equipment. USTR extended them beyond 9 November 2026 in a notice of 6 November 2026. The exclusion follows the product description, which is often narrower than the HTS subheading it sits under.

## Start with the code, then leave it behind

The check starts where every tariff question starts: the ten-digit HTSUS code that will be used on the entry, and the country of origin. The tariff line shows the general rate. The extra duties sit in chapter 99, subchapter III, and the covered codes are listed in the US notes to chapter 99 and in the annexes to each USTR notice or presidential proclamation. For the China lists, the headings are 9903.88.xx, with U.S. note 20, and the 2024 to 2026 increases sit mainly under 9903.91.xx.

List coverage follows the eight-digit subheading and the country of origin. List 1 carries 25 percent, List 2 carries 25 percent, List 3 carries 25 percent, and List 4A carries 7.5 percent, with higher rates on the items raised since 2024. The USTR lookup tool takes the first eight digits and returns the list and the rate. Cross-reference it with hts.usitc.gov, where the footnotes on the line point to the chapter 99 heading.

That gets you the duty. It does not get you the exclusion, because the exclusion is not a property of the code. It is a property of the product description, and the description is often narrower than the subheading. A product can sit under a covered subheading and still not match any exclusion, and a product can match an exclusion while its neighbour under the same subheading does not.

## How the exclusion actually works

An exclusion removes the Section 301 duty for a product that matches the exclusion's description. USTR extended 178 exclusions through 11:59 p.m. Eastern time on 9 November 2026, and on 6 November 2026 issued a notice extending them for two more months. The exclusions are claimed on the entry, not granted automatically: the importer reports 9903.88.69 or 9903.88.70 on the entry summary, and the claim has to match the product.

The description is the test. Compare the product's specification with the exclusion text in the December 2025 notice, not only with the HTS line. If the exclusion describes a product with specific dimensions, materials, or functions, and your product differs on any of them, the exclusion does not apply, and claiming it is a false claim on the entry.

USTR also runs exclusion windows, typically every six to twelve months, in which importers can request new exclusions through the USTR portal. The application needs the exact ten-digit code, a product description specific enough to distinguish the goods from others under the same code, and evidence that the product is not available from non-Chinese sources or that sourcing elsewhere would cause severe economic harm. The not-available-elsewhere criterion is the one that kills most applications: if the product is available from Vietnam, India, Mexico, or any other non-China source, even at a higher price, USTR tends to deny it.

## The check, step by step

First, classify the product to ten digits and confirm the country of origin is China, because the lists apply only to products of China, meaning Chinese country of origin, not the country the goods were shipped from. Hong Kong goods are outside the China lists.

Second, run the eight-digit code through the USTR tool and note the list and the rate. Third, check whether an exclusion exists for the product by reading the exclusion text, not just the code. Fourth, confirm the exclusion is still in force on the entry date, because exclusions expire and the extension notices set new end dates. Fifth, have a licensed customs broker confirm the chapter 99 lines and their reporting order before filing, because the entry summary reports the 9903 line alongside the ten-digit line, and the order matters.

And remember the stack. The Section 301 duty is additional to the column 1 duty, and since 24 July 2026 a separate Section 301 action on forced labor adds a further 12.5 percent to Chinese-origin goods. An exclusion that removes the list duty does not remove the forced-labor layer unless the exclusion covers it. The check is the code, the description, and the date, in that order, every time.

Related reading on this site: [Which 2025-2026 Duties Drawback Will Never Refund](https://dutywatchhq.com/blog/2026-11-10-duties-drawback-never-refunds.md), [Section 122: The Tariff That Replaced the IEEPA Duties](https://dutywatchhq.com/blog/2026-11-10-section-122-tariff-replaced-ieepa.md), and [Section 232 Copper: The 50 Percent Tariff and the Annexes That Decide Who Pays It](https://dutywatchhq.com/blog/2026-11-08-tariff-stacking-mfn-301-232-one-rate.md).

## Frequently asked questions

### How many Section 301 exclusions are still active?

178: 164 product-specific exclusions first extended in May 2024, and 14 exclusions for solar manufacturing equipment granted in the four-year review. They are claimed under HTS 9903.88.69 or 9903.88.70.

### Do exclusions cover a whole HTS code?

No. An exclusion covers a specific product description, which is often narrower than the HTS subheading it sits under. The product must match the description in the exclusion text, not just share the code.

### How do I claim a Section 301 exclusion?

On the entry, by reporting HTS 9903.88.69 or 9903.88.70 on the entry summary alongside the ten-digit line. The exclusion is claimed, not granted automatically, and the product must match the exclusion description.

### What if my product has no exclusion?

Then the list duty applies, and the only route is a new exclusion request during a USTR exclusion window, or a sourcing change. The application needs the exact code, a distinguishing product description, and evidence the product is not available from non-Chinese sources.