9903.88.33 - Articles the product of China, as provided for in U.S. note 20(ll) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative
Details
| Field | Value |
|---|---|
| Unit of Quantity | N/A |
| General Rate of Duty | The duty provided in the applicable subheading |
| Special Rate of Duty | N/A |
| Column 2 Rate of Duty | N/A |
| Quota Quantity | N/A |
| Additional Duties | N/A |
Overview
This HTS category, 9903.88.33, is a highly specific provision designed to capture certain articles originating from China that are subject to special tariff treatment. It applies to goods that would otherwise fall under other HTS classifications but are specifically covered by an exclusion granted by the U.S. Trade Representative under U.S. note 20(ll) to this subchapter. The key defining characteristic for classification under this code is not the physical nature of the article itself, but rather its origin as a product of China and the existence of a formal exclusion document from the U.S. Trade Representative.
Unlike the primary chapters of the HTS which classify goods based on their intrinsic characteristics (e.g., live animals, machinery, textiles), this category within Chapter 99 operates as a temporary legislative measure. Therefore, it does not have typical sibling categories focused on product types but rather other specialized tariff treatments, such as those related to trade agreements, retaliatory tariffs, or other temporary restrictions. The distinction lies in its function as an administrative exception to other import rules, directly tied to specific exclusion decisions.
As a leaf node, HTS code 9903.88.33 does not have further subcategories. Classification under this code is final for eligible goods once the specific exclusion criteria are met. Importers must be able to demonstrate that the article is a product of China and that a valid exclusion has been granted and is in effect for that particular item, as documented by the U.S. Trade Representative. This ensures that only goods specifically identified for exclusion are appropriately accounted for under this provision.