Section 301 China – Exclusions
Extended & Short Deadline for Exclusions
Expiring May and June 2020
April 10, 2020
April 2019 List 1 Exclusions Extended until 4/18/2021
On April 10, 2020 the USTR published in the Federal Register (85 FR 20333) eight LIST 1 items that were granted exclusion extensions to the Section 301 duties levied on goods. These extensions are effective for goods entered from July 6, 2018 and before April 18, 2021.
Below is a comprehensive list of the items along with their HTS numbers:
HTS # |
Heading / Subheading |
HTS Description |
List |
8420.10.9080 |
Product Specific |
Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080) |
1 |
8425.39.0100 |
Product Specific |
Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number 8425.39.0100) |
1 |
8431.20.0000 |
Product Specific |
Counterweight castings of iron or steel designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000) |
1 |
8431.20.0000 |
Product Specific |
Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000) |
1 |
8479.90.9496 |
Product Specific |
Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders (described in statistical reporting number 8479.90.9496) |
1 |
8479.90.9496 |
Product Specific |
Steering wheels designed for watercraft, of stainless steel, having a wheel diameter exceeding 27 cm but not exceeding 78 cm (described in statistical reporting number 8479.90.9496) |
1 |
8481.90.9040 |
Product Specific |
Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed for installation into air brake control valves (described in statistical reporting number 8481.90.9040) |
1 |
9030.33.3800 |
Product Specific |
Instruments for measuring or checking voltage or electrical connections; electrical circuit tracers (described in statistical reporting number 9030.33.3800) |
1 |
Brokers, importers and other entry filers will continue to use HTS 9903.88.07 for the above exclusion.
Reminder in order to recover duties, if the entries are unliquidated a PSC needs to be filed; if the entries are liquidated, a protest needs to be filed within 180 days after the liquidation date to protect the right to receive a refund of duties paid.
Certain Tariffs will No Longer be Subject to an Exclusion Exemption on April 18, 2020
The following HTS numbers will be removed from the exclusion exemption on April 18. Brokers, importers and other filers will revert to for the following:
HTS # |
Heading / Subheading |
HTS Description |
List |
8413.19.0000 |
Product Specific |
Pumps designed for countertop appliances for serving beer, the foregoing that control the level of carbonation by means of sonic waves (described in statistical reporting number 8413.19.0000) |
1 |
8421.21.0000 |
Product Specific |
Water oxidizers and chlorinators (described in statistical reporting number 8421.21.0000) |
1 |
8428.33.0000 |
Product Specific |
Continuous action elevators and conveyors, designed to convey mineral materials (described in statistical reporting number 8428.33.0000) |
1 |
8466.93.9885 |
Product Specific |
Parts of drill sharpening machines (described in statistical reporting number 8466.93.9885) |
1 |
8479.90.9496 |
Product Specific |
Outer shells of hydraulic accumulators, of iron or non-alloy steel, cylindrical with hemispherical heads on each end (described in statistical reporting number 8479.90.9496) |
1 |
8479.90.9496 |
Product Specific |
Parts of mechanical awnings and shades (described in statistical reporting number 8479.90.9496) |
1 |
8481.10.0090 |
Product Specific |
Pressure regulators of brass or bronze, whether high or low inlet type, having a rated flow rate of 55,000 - 150,000 BTU/hr, maximum inlet pressure of 0.17 MPa to 1. 72 MPa, inlet connection with POL or thread type of fitting (described in statistical reporting number 8481.10.0090) |
1 |
8481.90.9040 |
Product Specific |
Push pins and C-poles of steel, designed for use in variable force solenoid valves (described in statistical reporting number 8481.90.9040) |
1 |
8482.10.5032 |
Product Specific |
Ball bearings of a width not exceeding 30 mm (described in statistical reporting number 8482.10.5032) |
1 |
8504.90.9690 |
Product Specific |
Inductor baseplates of aluminum, each with a length measuring 149.20 mm or more but not over 275 mm, with a width measuring 119.40 mm or more but not over 232 mm and with a depth of 10.50 mm or more but not over 19 mm, with a weight of 0.48 kg or more but not over 3.2 kg (described in statistical reporting number 8504.90.9690) |
1 |
8515.90.4000 |
Product Specific |
Parts of soldering irons and soldering machines (described in statistical reporting number 8515.90.4000) |
1 |
8536.50.9065 |
Product Specific |
Motor vehicle gear shift switch assemblies, comprised of a plunger, connector and gear shift lever (described in statistical reporting number 8536.50.9065) |
1 |
8536.50.9065 |
Product Specific |
Pressure switches designed for use in heat pumps and air-conditioning condensers having a rating of 1.90 megapascals or more but not over 4.55 megapascals (described in statistical reporting number 8536.50.9065) |
1 |
REMINDERS EXCLUSIONS EXPIRING IN MAY & JUNE
The USTR has accelerated its timeline for requesting the extension of exclusions set to expire on May 14, 2020 and on June 4, 2020.
- For exclusions granted in May 2019, and set to expire of May 14, 2020, requests for extensions must be received by April 12, 2020. See 85 FR 12373 of March 2, 2020 for further information.
HTS # Expiring May 14, 2020 |
||
8407.21.0040 |
8473.40.1000 |
8526.92.5000 |
8421.21.0000 |
8481.10.0090 |
8526.92.5000 |
8421.21.0000 |
8481.90.9040 |
8526.92.5000 |
8421.21.0000 |
8481.90.9040 |
8529.90.8100 |
8421.21.0000 |
8481.90.9040 |
8536.49.0075 |
8421.21.0000 |
8481.90.9040 |
8536.50.9035 |
8421.39.8015 |
8481.90.9040 |
8536.50.9035 |
8421.39.8015 |
8481.90.9040 |
8536.50.9035 |
8427.10.4000 |
8481.90.9040 |
8536.50.9040 |
8428.33.0000 |
8481.90.9040 |
9011.10.8000 |
8428.39.0000 |
8483.50.9040 |
9011.90.0000 |
8428.39.0000 |
8501.10.4060 |
9018.20.0040 |
8438.80.0000 |
8501.52.8040 |
|
8438.80.0000 |
8505.90.7501 |
|
- For exclusions granted in June 2019, and set to expire June 4, 2020, requests for extensions must be received by April 30, 2020. See 85 FR 16181 of March 20, 2020 for further information.
HTS # Expiring June 4, 2020 |
||
8404.40.4000 |
8428.90.0290 |
8529.10.4040 |
8404.40.4000 |
8428.90.0290 |
8529.90.9900 |
8404.40.4000 |
8428.90.0290 |
8536.41.0050 |
8411.99.9085 |
8428.90.0290 |
8536.50.9035 |
8413.50.0010 |
8429.40.0020 |
8536.50.9035 |
8413.50.0070 |
8429.52.1010 |
8536.50.9035 |
8413.70.2004 |
8430.10.0000 |
8536.50.9035 |
8413.70.2004 |
8431.39.0010 |
8536.50.9035 |
8413.70.2004 |
8431.39.0010 |
8536.50.9035 |
8413.70.2004 |
8431.39.0010 |
8536.50.9035 |
8413.70.2004 |
8431.39.0010 |
8536.50.9035 |
8413.70.2004 |
8431.39.0010 |
8536.50.9065 |
8413.70.2004 |
8431.39.0010 |
8536.90.4000 |
8413.70.2005 |
8431.39.0010 |
8536.90.4000 |
8413.70.2090 |
8431.39.0010 |
8536.90.4000 |
8413.91.9010 |
8431.49.9010 |
8536.90.4000 |
8413.91.9010 |
8455.22.0000 |
8536.90.4000 |
8413.91.9060 |
8455.22.0000 |
8536.90.4000 |
8413.91.9060 |
8482.10.5060 |
8536.90.4000 |
8414.90.4190 |
8482.40.0000 |
8536.90.4000 |
8418.69.0110 |
8482.99.0500 |
8536.90.4000 |
8418.69.0180 |
8482.99.6595 |
8536.90.4000 |
8418.69.0180 |
8483.90.8010 |
8536.90.4000 |
8419.19.0040 |
8501.53.8040 |
8536.90.4000 |
8419.40.0080 |
8504.40.4000 |
8537.10.8000 |
8419.90.3000 |
8504.90.6500 |
8543.30.9040 |
8421.99.0080 |
8504.90.6500 |
9018.19.9560 |
8421.99.0080 |
8504.90.6500 |
9018.19.9560 |
8427.10.8090 |
8504.90.6500 |
9018.19.9560 |
8525.60.1050 |
9024.10.0000 |
|
Visit our website site for the comprehensive EXCLUSION LIST, which includes all exclusions granted and technical amendments, corrections to typographic and/or ministerial errors to date.
If you have questions about filing an exclusion request, seeking a refund of past duties paid under Sec. 301, and/or discussing Sec. 301 duty avoidance strategies, such as use of country of origin transference or use of “First Sale” valuation, contact George R. Tuttle, III at geo@tuttlelaw.com or at 415-254-5986.
The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.
Copyright © 2020 by Tuttle Law Offices.
All rights reserved.
Information has been obtained from sources believed to be reliable. However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.
| Subscribe | Feedback | Previous Newsletters |