9903.88.38 - Articles the product of China, as provided for in U.S. note 20(qq) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative

This classification, HTS Code 9903.88.38, specifically applies to articles originating from China that have been granted an exclusion by the U.S. Trade Representative. These exclusions are made under the provisions of U.S. Note 20(qq) to Subchapter II of Chapter 99, which outlines temporary modifications and additional import restrictions. Essentially, this code is a mechanism for identifying goods that would otherwise be subject to certain tariffs or restrictions but have been specifically exempted on a case-by-case basis by the U.S. Trade Representative.

Unlike the preceding sibling categories which deal with specific types of live animals (e.g., horses, bovine, swine, sheep, goats, poultry), HTS Code 9903.88.38 is not based on the physical characteristics or biological nature of the goods. Instead, its defining criteria are its country of origin (China) and the explicit granting of an exclusion by the U.S. Trade Representative. This code operates within the framework of Section XXII, Temporary Legislation, which allows for specific adjustments to import rules outside the standard Harmonized Tariff Schedule classifications.

As HTS Code 9903.88.38 is a leaf node, it does not have further subcategories. Classification under this code is final and solely dependent on the existence of a valid exclusion granted by the U.S. Trade Representative for a specific article originating from China. Importers must possess documentation proving such an exclusion to properly classify goods under this provision.