USTR Section 301 Exclusion Amended + 2027 Sugar TRQs Open

Key Points

• USTR published a conforming amendment to a Section 301 product exclusion on October 7, 2026, aligning it with HTSUS statistical-reporting changes that took effect July 1, 2026.
• Importers claiming the affected Section 301 exclusion must verify they are referencing the updated HTS subheading; entries filed under the old subheading after July 1, 2026, may require correction.
• CBP opened the tariff-rate quota (TRQ) for 2027 Specialty Sugar at the October 1, 2026, opening moment; results are published in Quota Bulletin 26-310.
• CBP also opened the TRQ for 2027 Refined Sugar at the October 1, 2026, opening moment; results are published in Quota Bulletin 26-319.
• Both sugar TRQs cover Chapter 17 and Chapter 21 subheadings under Additional U.S. Note (AUSN) 5 of the HTSUS.

On this page

1. What changed with the Section 301 exclusion
2. Why the HTS conforming amendment matters for entry filing
3. 2027 Specialty and Refined Sugar TRQ opening-moment results
4. Affected HTS coverage
5. What importers and brokers should do now
6. Key references

USTR amended a Section 301 product exclusion from the China investigation to match a July 1, 2026 HTSUS reclassification, and CBP simultaneously released opening-moment quota results for the 2027 Specialty Sugar and Refined Sugar TRQs. Importers of the affected Chinese goods and sugar purchasers with quota allocations both face near-term filing decisions. The links throughout this article go directly to the primary documents: the Federal Register notice and the official CBP quota bulletins themselves. Read the source.

What changed with the Section 301 exclusion

On October 7, 2026, USTR published a Notice of Conforming Amendment to Product Exclusion in the Federal Register. The action updates an existing additional product exclusion under the Section 301 investigation of China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

The trigger was a USITC change to statistical reporting categories in the Harmonized Tariff Schedule of the United States (HTSUS) that took effect July 1, 2026. When USITC renumbers or restructures statistical breakouts, any exclusion tied to a legacy subheading must be updated to remain legally operative. USTR's conforming amendment makes that correction so the exclusion continues to function under the new subheading structure.

Why the HTS conforming amendment matters for entry filing

A conforming amendment is not a new exclusion and does not expand or narrow the product scope. Its sole purpose is to ensure the written exclusion references the correct, current HTSUS subheading. However, the practical filing consequence is real: entries submitted on or after July 1, 2026, covering the affected goods should reference the updated subheading. Entries that were filed between July 1, 2026 and the October 7 publication date using the superseded statistical reporting number should be reviewed for potential post-summary correction or protest, depending on whether the subheading change affected the reported classification or merely the statistical suffix.

2027 Specialty and Refined Sugar TRQ opening-moment results

CBP opened both the Specialty Sugar and Refined Sugar tariff-rate quotas for quota year 2027 at the October 1, 2026, opening moment. Opening-moment openings occur when CBP accepts entries simultaneously at the start of a quota period and then prorates allocations if demand exceeds supply.

Results for Specialty Sugar are published in Quota Bulletin 26-310. Results for Refined Sugar are published in Quota Bulletin 26-319. Each bulletin details how much of the available quantity was filled and, where applicable, any proration percentage applied to opening-moment entries.

Affected HTS coverage

Both sugar TRQs are governed by subheadings in HTSUS Chapters 17 and 21, under Additional U.S. Note (AUSN) 5. Importers should confirm their specific subheading eligibility against the current HTSUS before filing within-quota entries. Goods entered outside the TRQ quantity are subject to the over-quota (high) duty rate, so proration outcomes in the bulletins directly affect landed cost calculations.

What importers and brokers should do now

• Pull the October 7, 2026 USTR Federal Register notice and compare the amended subheading against any open or recently filed entries claiming the Section 301 exclusion; file post-summary corrections where necessary.
• Review QB 26-310 and QB 26-319 to confirm your allocation and proration status before releasing shipments under the within-quota rate.
• Update internal HTS classification tables and tariff-management workflows to reflect the July 1, 2026 HTSUS statistical reporting changes for any China-origin goods covered by Section 301 exclusions.

Key references

• Federal Register, Oct. 7, 2026 (Doc. 2026-20511) -- USTR conforming amendment to Section 301 China product exclusion
• CBP Quota Bulletin 26-310 -- 2027 Specialty Sugar opening-moment quota results
• CBP Quota Bulletin 26-319 -- 2027 Refined Sugar opening-moment quota results
• HTSUS (hts.usitc.gov) -- current Harmonized Tariff Schedule, including Chapters 17 and 21 and AUSN 5
• CBP Quota Program page -- bulletin archive and quota status tracking