Section 301 Exclusion List Update

January 7, 2020

On December 31, 2019, the USTR (see 85 FR 549 of 01/06/2020) granted 68 exclusion requests to the Section 301 duties levied on goods from China on List 3 items. See our updated EXCLUSION LIST, which includes all exclusions granted to date, along with modifications to HTS descriptions. The December exclusions apply retroactively from September 24, 2018 through to August 7, 2020. The applicable HTS to apply to claim this round of exclusions is 9903.88.37.

List 3 Exclusions Granted 12/31/2019
(see Updated Exclusion list for full detailed description)

>

HTSUS

Partial Exemption Description

3401.11.5000

Nonwoven wipes  

4010.35.9000

Endless synchronous belts of vulcanized rubber, molded polyurethane, neoprene, or welded urethane

4202.11.0030

Briefcases with outer surface of leather

4420.90.8000

Storage containers of paulownia wood

5407.52.2060

Woven fabric of 100 percent textured polyester filaments

5407.52.2060

Woven fabric of synthetic filament yarn containing 85 percent or more by weight

5407.61.9930

Woven dupioni fabric wholly of nontextured dyed polyester filaments

5407.61.9930

Woven fabric wholly of polyester, dyed, not flat, containing nontextured polyester filaments

5407.61.9935

Woven fabric wholly of polyester, dyed, containing non-textured polyester filaments

5407.72.0015

Woven fabric containing by weight 47 percent of nylon and 53 percent of polyester, dyed, containing textured filaments

5512.19.0090

Woven dyed fabrics wholly of spun polyester

5514.22.0020

Woven dyed 3-thread twill fabrics containing by weight 65 percent of polyester and 35 percent of cotton staple fiber

5609.00.4000

Storage containers of twisted paper rope

5810.92.9080

Woven dyed embroidery fabrics containing by weight 55 percent of polyester and 45 percent of nylon

7308.30.5050

Vault doors of stamped, welded and powder-coated 12-gauge carbon steel

7317.00.2000

Steel staples suitable for use in powder-actuated handtools

7323.99.9080

Safes of 16 gauge carbon steel, each stamped, welded and powder-coated, with a programmable electric lock with keypad, mechanical key override

7326.90.8688

Fish tapes of steel and plastics, each weighing 516 g or more but not over 3,810 g

7326.90.8688

Steel clamps with rubber insulation

7326.90.8688

Telescoping poles of steel, spring loaded, with ends of plastic

7610.90.0080

Awning casting endplates, of aluminum

7610.90.0080

Decorative cast aluminum endcaps, of a kind used with structural elements of roof-mounted patio awnings for recreational vehicles (RVs)

7616.99.5190

Clips of aluminum shaped like the letter ‘‘J’

7616.99.5190

Telescoping poles of aluminum, spring loaded, with ends of plastic

7907.00.6000

Awning casting pivots, of zinc coated aluminum

8203.20.6060

Hand tools of steel, similar to pliers, each capable of crimping, stripping and cutting wire

8207.19.3090

Cutting parts for rock drilling or earth boring tools

8215.20.0000

Sets of flatware of stainless steel, containing no article plated with precious metal

8409.91.9990

Hydraulic valve lifters of steel with rollers, suitable for use solely or principally with spark-ignition internal combustion piston engines

8409.91.9990

Solid valve lifters of steel, suitable for use solely or principally with spark-ignition internal combustion piston engines

8413.20.0000

Hand pumps (other than for fuel or lubricants, not fitted or designed to be fitted with a metering device), each used to dispense a metered quantity of liquid soap or sanitizer

8413.30.9060

Lubricating pumps for internal combustion piston engines

8414.20.0000

Hand- or foot-operated air pumps, each weighing 400 g or more but not over 3 kg

8414.59.6540

Ventilation fans for motor vehicles, consisting of a 12 V DC reversible multispeed electric motor drawing 5 A, with axial fan blade, electrically operating baffle, electric keypad and circuit board and wire mesh screen

8414.59.6595

12 V fans of a kind used to disperse fragrance oils

8414.80.1685

Portable air compressors

8425.31.0100

Winches powered by an electric motor

8479.89.9499

Ratchet tie down straps, each consisting of straps of textiles

8504.40.8500

Wireless battery chargers for mobile phones, each in the form of a picture frame incorporating a wireless charger or a stand incorporating a wireless charger

8511.50.0000

Alternators for motor vehicle charging systems

8512.30.0040

Alarms to be installed in motor vehicles

8512.90.2000

Projectors (‘‘trumpets’’) of plastics for air horns

8525.80.3010

Color video cameras for use with microscopes

8525.80.3010

Digital color video cameras for use with microscopes

8539.49.0040

Ultraviolet lamps used for skin tanning purposes

8543.70.8500

Hand held, battery-powered electrical devices that administer transcutaneous electrical nerve stimulation (TENS) and electrical muscle stimulation (EMS)

8544.42.9090

Insulated conductors, not of a kind used for telecommunications

8546.90.0000

Electrical insulators (‘‘wire nuts’’) of plastics and steel

8708.99.5500

Motor mount kits each consisting of 3 to 5 components, each of stainless steel or aluminum combined with a heat resistant rubber material and with holes machined for mounting the engine to the car or truck body

8708.99.5500

Wear bars comprising strips of carbide

8712.00.1550

Bicycles, not motorized, w/both wheels not over 63.5 cm in diameter

8712.00.1510

Bicycles, not motorized, w/both wheels not exceeding 50 cm in diameter

8714.95.0000

Bicycle saddles

9011.80.0000

Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection)

9401.71.0031

Stackable upholstered metal chairs for religious worship settings

9401.79.0035

Hunting stands of steel or aluminum

9401.90.4080

Parts of chairs of unfinished plywood, including bodies, legs and arms

9401.90.5081

Chair frames of metal, each with integral bookshelf, capable of being stacked

9403.20.0090

Folding wheeled trays

9403.20.0090

Wheeled trays, each with 5 wheels, 3 bowls of plastic with suction cup bottoms

9403.90.6005

Baby crib liners, each composed of two pieces of multi-layer warp polyester knit mesh without any padding,

9405.40.8440

Flexible strips having embedded light-emitting diodes electrically connected to a molded electrical end connector

9405.40.8440

Light boxes

Claiming Refunds, Liquidation of Entries & Filing Extensions of Liquidation

These List 3 exclusions are retroactive to September 24, 2018 and run through August 7, 2020.

To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if the entry is within the pre-liquidation PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may file a formal protest with CBP, however, the protest must be received by CBP within 180 days of the date of liquidation of the entry.

Please note for goods entered in late September and October 2018, the last date for protesting may be March 2020; however, liquidation dates may vary, and it is best to confirm the actual liquidation date of each entry with your customs broker.

Importers and brokers may also file requests with CBP to extend the liquidation of entries of the goods under 19 CFR 1§ 59.12, so as to preserve the ability to file PSCs if their exclusion request has not yet been decided.

Reminder List 4A Portal for Exclusion Process
Closes Jan. 31, 2020 at 11:59 pm ET

On October 19, 2019 the U.S. Trade Representative (USTR) published a process by which importers and other parties may request an exclusion from additional duties for products classified under the tariff headings covered by the August 20, 2019 announcement for List 4A (84 FR 57145 of October 24, 2019). The notice also sets out specific procedures for submitting requests. The portal will close Jan. 31, 2020 at 11:59 pm ET.

This process provides importers with temporary relief from the additional tariffs on imported products contained in List 4 Annex A.

Further Modifications and Changes to List 4 Annex A and B

In mid-December, the U.S. and China reached a Phase One Deal whereby China agreed to implement IP protections, increased purchases in agricultural, energy, manufactured goods. In exchange, the U.S. agreed to an indefinite suspension of the December 15th tariffs (list 4B) and a reduction of List 4A tariffs from 15% to 7.5%. China's Customs Tariff Commission of the State Council decided to suspend their planned tariff increases of 10% and 5%, according to the state press agency Xinhua.

It is expected that the Phase One Deal with China will be signed at the White House on January 15th, followed by a visit to Beijing to discuss the details of a Phase Two Deal.

If you think your company would like more information on filing an exclusion request or would benefit from submitting an exclusion request, please contact our office.

For further information on these 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.

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.

 

 

 

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