When the Section 301 tariffs on Chinese goods were first imposed in 2018, USTR’s exclusion process generated thousands of product-specific exclusions across the four tariff lists. The vast majority have since expired. As of mid-2026, exactly 178 exclusions remain active — 164 product-specific exclusions claimed under HTSUS subheading 9903.88.69, and 14 solar manufacturing equipment exclusions claimed under 9903.88.70. All 178 are currently scheduled to expire at 11:59 p.m. Eastern Time on November 9, 2026, under the extension USTR published December 1, 2025 following the Trump–Xi trade agreement.
For importers, two questions matter. First: does my product actually qualify for one of the 178 active exclusions? The exclusion descriptions are narrow, technical, and require exact matching against ten-digit HTSUS statistical reporting numbers and product specifications — not the looser keyword matching importers sometimes assume. Second: if my product does qualify, what does the November 10, 2026 deadline mean for my sourcing strategy? USTR has been explicit since 2022 that the exclusions are framed as a transitional bridge to non-China sourcing, not as a permanent carve-out. This article walks through the industries that still have meaningful exclusion coverage, the structural pattern that determines whether your product is likely covered, and the strategic implications of the rapidly closing window.
The Two HTSUS Headings That Govern the Exclusions
Every active Section 301 exclusion in 2026 is claimed through one of two HTSUS Chapter 99 provisions. Understanding the difference matters because the documentation requirements and product descriptions live in different U.S. notes.
HTSUS 9903.88.69. This is the umbrella provision for the 164 product-specific exclusions that survived the four-year statutory review of the Section 301 tariffs and have been extended through multiple cycles since May 2024. The exclusion descriptions are set forth in U.S. notes 20(vvv)(i), 20(vvv)(ii), 20(vvv)(iii), and 20(vvv)(iv) to subchapter III of chapter 99 of the HTSUS. Importers claim the exclusion by reporting 9903.88.69 on the entry summary in place of the original List 1, 2, 3, or 4A Chapter 99 code that would otherwise apply.
HTSUS 9903.88.70. This is the umbrella provision for the 14 solar manufacturing equipment exclusions added in September 2024 and extended on the same schedule. The exclusion descriptions are in U.S. note 20(www). These exclusions apply retroactively to entries filed on or after January 1, 2024 for goods that met the product descriptions.
Importantly, the underlying List 1 through 4A Chapter 99 code (9903.88.01, 9903.88.02, 9903.88.03, 9903.88.04, or 9903.88.15) is dropped from the entry when 9903.88.69 or 9903.88.70 is reported. Reporting both on the same line is a frequent error. ACE will reject most double-reported lines, but a line that gets through with both codes can be charged the underlying duty by a Notice of Action months later.
The Industries That Still Have Meaningful Coverage
The 178 active exclusions cluster in a handful of identifiable industry categories. Reviewing the exclusion descriptions across the U.S. notes, the meaningful concentrations are:
Solar Manufacturing Equipment
The 14 exclusions under 9903.88.70 cover capital equipment used in the manufacture of photovoltaic cells and modules. These are equipment exclusions, not finished-product exclusions — they apply to the machinery that makes solar cells, not to the solar cells themselves. The policy rationale is to enable domestic and third-country solar manufacturing capacity by exempting the production equipment needed to set up new lines outside China. Importers in this category have benefited substantially: the exclusions cover wafer slicing equipment, deposition systems, edge isolation tools, testing equipment, and other high-value capital goods that would otherwise face the full Section 301 duty on top of MFN rates.
Industrial Machinery and Components
The largest concentration within 9903.88.69 covers narrowly defined industrial machinery and components used in U.S. manufacturing. The exclusions are intentionally specific: rotary compressors within particular wattage ranges, DC blowers within particular size and output specifications, electric motors within particular phase and horsepower limits, and similar precision-defined product descriptions. The policy rationale is the same as for solar equipment — protecting U.S. manufacturers from cost shocks on inputs where no near-term non-China source exists.
The structural pattern in these exclusions is what importers most often get wrong. An exclusion for “rotary compressors exceeding 746 W but not exceeding 2,238 W, with a cooling capacity ranging from 2.3 kW to 5.5 kW” covers exactly that specification. A compressor at 750 W with cooling capacity of 6.0 kW is not covered. The exclusion descriptions function as engineering specifications, and the product must match — not approximately match.
Medical Devices and Healthcare Products
A subset of the 9903.88.69 exclusions covers medical devices and healthcare-related products that were the focus of COVID-era exclusion grants and have been carried forward through subsequent extension cycles. The coverage is narrow — specific product configurations within specific HTSUS subheadings — but for importers in this category, the exclusions can be material.
Specialty Chemicals and Materials
Several exclusions cover specialty chemical inputs with narrow industrial applications. The exclusion descriptions in this category often reference specific chemical formulations, purity levels, or end uses. The policy rationale tracks the broader pattern: protect U.S. downstream manufacturing that depends on inputs without ready non-China alternatives.
Specialty Food Products
A small set of exclusions in the 9903.88.69 list covers specialty food products — frozen seafood within specific weight and packaging specifications, for example. These exclusions are narrow and tend to be of interest primarily to importers in specialized food distribution categories.
Vehicle Climate Control Components
An identifiable cluster of exclusions covers compressors, blowers, and related components used in motor vehicle air conditioning and climate control systems. The exclusion descriptions are tied to specific physical dimensions, power outputs, and unit values. Importers supplying the U.S. automotive aftermarket and OEM segments may have coverage in this category, but again, the product descriptions are exacting and small deviations break the match.
What the Exclusions Do Not Cover
The categories where importers most commonly hope for exclusion relief — and where no exclusions exist — are equally worth understanding.
- Electric vehicles and EV batteries. No active exclusions. Following the 2024 four-year review, Section 301 rates on EVs were increased to 100 percent and on EV batteries to 25 percent. The administration has used Section 301 to accelerate, not soften, the cost of Chinese-origin EVs.
- Consumer electronics and finished goods. Almost no coverage. The List 4A category — covering most consumer goods and apparel at the 7.5 percent rate — has very limited active exclusions.
- Semiconductors and chip-making equipment beyond solar. No broad-based semiconductor exclusions. The solar manufacturing equipment exclusions under 9903.88.70 are specific to photovoltaic production.
- Steel, aluminum, and certain critical minerals. No exclusions, and rates have been increased on critical mineral categories following the four-year review.
- Apparel, footwear, and most consumer products. No meaningful coverage. The category that most commonly produces small-business importer inquiries about Section 301 exclusions is also the category with the least exclusion availability.
How to Verify Whether Your Product Is Covered
The verification process is more involved than a keyword search.
First, identify the ten-digit HTSUS statistical reporting number under which your product is classified. The exclusion descriptions are tied to specific ten-digit codes, and a mismatch at the ten-digit level is dispositive. If your classification is wrong, no exclusion claim is valid regardless of how well the product matches the description.
Second, pull the current text of U.S. note 20(vvv)(i) through (iv) and 20(www) to subchapter III of chapter 99 of the HTSUS. These are the binding product descriptions. The Federal Register notices announcing each extension cycle include the annexes with the full text. The most recent governing notice is FR Doc 2025-21671, published December 1, 2025, which extended the 178 exclusions through November 9, 2026.
Third, compare your product’s technical specifications line by line against the exclusion description. The exclusion descriptions specify dimensions, weights, power outputs, materials, packaging, end uses, and other technical parameters. Every parameter must match. A product that satisfies six of seven specifications is not covered.
Fourth, document the basis for your exclusion claim contemporaneously. Maintain a written record that ties your product’s technical specifications to the specific exclusion description, with references to the HTSUS note, the Federal Register notice, and any supporting product literature or specifications. This documentation is what protects you in the event of a CBP Form 28 Request for Information or a downstream Notice of Action challenging the exclusion claim.
If the determination is close, consider seeking a binding ruling from CBP before relying on the exclusion at entry. A binding ruling provides certainty and is the strongest defense against a later adjustment.
What November 10, 2026 Actually Means
The 178 exclusions expire on November 9, 2026 at 11:59 p.m. Eastern Time. Entries filed on or after November 10, 2026 lose the exclusion and pay the underlying List 1, 2, 3, or 4A rate — between 7.5 and 25 percent on top of the MFN rate, depending on the product’s original list assignment.
USTR has not opened a new exclusion request process. Importers cannot apply for new exclusions, and the agency’s public posture has been consistent since the four-year review: the exclusions are framed as a temporary bridge to non-China sourcing, not a permanent feature of the tariff regime. Each extension cycle since 2024 has been short — typically a few months — and each has been accompanied by language characterizing the relief as transitional.
The practical implication is that importers currently relying on exclusion-covered products from China should already be well into a sourcing transition. Treating November 10, 2026 as a soft deadline that USTR will inevitably extend is a strategy without a basis in the agency’s stated posture. The history of the exclusion process — repeated short-window extensions, consistent transitional framing, no path toward permanence — points the other direction.
Stacking With Other Tariff Regimes
A successful Section 301 exclusion claim removes the Section 301 duty only. It does not affect any other duty applicable to the same product. Importers benefiting from an exclusion still pay:
- The MFN duty rate associated with the product’s HTSUS classification.
- Any applicable Section 232 duties on steel, aluminum, copper, or covered automotive products, subject to the anti-stacking rules in the April 29, 2025 executive order.
- Any applicable antidumping or countervailing duties if the product falls within the scope of an AD/CVD order. See our page on AD/CVD duties and scope rulings for the scope determination framework.
- User fees and any other charges otherwise applicable.
The IEEPA-based reciprocal tariffs that were layered on top of Section 301 duties beginning in early 2025 are no longer in force following the Supreme Court’s February 20, 2026 ruling. Importers who paid IEEPA duties on entries during the relevant period may be eligible for refunds through the CAPE process — see our IEEPA refund tracker for the current state of that recovery mechanism.
Recovering Section 301 Duties Paid in Error
Importers who paid Section 301 duties on entries that were actually covered by an active exclusion have two procedural paths to recover those duties, depending on the entry’s liquidation status.
For entries that have not yet liquidated, a Post Summary Correction can be filed to amend the entry summary to reflect the correct Chapter 99 provision. If accepted, the entry will liquidate at the corrected rate.
For entries that have liquidated within the prior 180 days, a protest under 19 U.S.C. § 1514 is the available mechanism. The protest must be filed within 180 days of the liquidation date and must clearly identify the exclusion claimed, the basis for eligibility, and the documentation supporting the claim. A denied protest can be challenged at the Court of International Trade upon payment of the assessed duties and timely filing of a summons.
For entries that are finally liquidated — more than 180 days past liquidation with no protest filed — the recovery options are significantly more limited. 19 U.S.C. § 1520(c) provides a narrow path for correcting clerical errors, but it is not a general second chance to claim exclusions that should have been claimed at entry.
Need Help With a Section 301 Exclusion or Protest?
Great Lakes Customs Law represents importers across the full range of Section 301 issues — exclusion eligibility analysis, binding ruling requests, protests on improperly classified entries, supply chain transition planning, and prior disclosure strategy where exclusion claims have been challenged. Jason Wapiennik works directly with importers and their customs brokers to ensure exclusion claims are documented to withstand CBP review and that recoverable duties on prior entries are identified and pursued before the protest window closes.
For the complete reference page on the 178 active exclusions, extension history, and HTSUS subheadings, see our Section 301 China Exclusions page. For broader tariff strategy context, see Trump tariff strategy and import compliance. To discuss your specific exclusion situation, call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online for a free consultation.