Update to Section 301 List 3

September 28, 2018

In a notice to be published tomorrow September 29, 2018 the U.S. Trade Representative is publishing changes to the HTS numbers that are the subject of supplemental duties under section 301 imposed on certain goods from China and classified in subheadings of the Harmonized Tariff Schedule of the United States (HTSUS) listed in Annex A of that Notice (List 3) of the September 21st notice.

Pursuant to a Presidential Proclamation of July 30, 2018, certain HTSUS subheadings covered by the supplemental action will be modified as of October 1, 2018. This notice conforms the September 21 supplemental action to the HTSUS modifications in the Presidential Proclamation and amends the prior action taken in the investigation by removing certain subheadings of the HTSUS listed in Annex A to the September 21st notice. The USTR has announced a supplement modifying List 3, which will take effect Monday, October 1. The announcement also made changes to List 2.

In particular, 14 subheadings in chapter 44 deleted by Proclamation 9771 are accordingly deleted from Annex A of the September 21st notice and are replaced by the corresponding 38 new subheadings in chapter 44 of the HTSUS that were added by Proclamation 9771. These changes to the September 21st action are effective on October 1, 2018. In addition, U.S. Note 20(f) to subchapter III of chapter 99 of the HTSUS is modified by deleting the following subheading numbers: 0304.81.10 and 0304.81.50.

Paragraph B of the Annex to this notice corrects a typographical error in the fourth paragraph of U.S. Note 20(a) to subchapter III of chapter 99 as set out in Annex C of the notice published at 83 FR 40823 (August 16, 2018).

List 2 Modifications: corrects a typological error to U.S. note 20(a) to subchapter III of chapter 99 of the HTS is modified:

  • by deleting: "except for goods entered subheadings 9802.00.40, 9802.00.50, and 9802.00.60,"
  • by inserting in lieu thereof: "except for goods entered under subheadings 9802.00.40, 9802.00.50, and 9802.00.60,"

For further information or questions about this or other customs issues, contact George R. Tuttle, III at geo@tuttlelaw.com or at (415) 986-8780.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

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.

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