Section 301 China Exclusion Extensions Issued September and October

October 7, 2020

A. List 1 – $34 Billion Exclusions Extended
B. List 2 – $16 Billion Exclusions Extended
Exclusion List Updated as of October 7, 2020

A. List 1 – $34 Billion Exclusions Extended

1. Exclusions Expired September 20, 2020

On September 22, 2020 the USTR (85 FR 59587) announced 62 extensions for exclusions originally ending on September 20, 2020. These product exclusion extensions will apply as of that date and extend through December 31, 2020. Importers, brokers and filers are advised to use HTS 9903.88.58 when entering merchandise. Merchandise that did not receive an exclusion will revert to Chapter 9903.88.01 at the 25% duty rate.

Merchandise receiving the exclusion extensions include submersible centrifugal pumps, tabletop water fountains, animal feeding machinery, tool holders, AC motors, 4-wheeled off road vehicles, anesthesia masks, automatic thermostats and more.

2. Exclusions Expired October 2, 2020

On October 5, 2020, the USTR (85 FR 62782) announced 9 extensions for exclusions originally ending on October 2, 2020. These product exclusion extensions will apply as of that date and extend through December 31, 2020. Importers, brokers and filers are advised to use HTS 9903.88.60 when entering merchandise. Merchandise that did not receive an exclusion will revert to Chapter 9903.88.01 at the 25% duty rate.

HTS #

HTS Description

8420.99.9000

Chemically etched dies of steel, steel-rule cutting dies, movable magnetic dies, embossing folders and plastic embossing diffusers, of a kind used in manually-powered roller machines for etching or stenciling a single sheet of cardstock, paper, leather, flexible magnet, plastics, metallic foil, vellum, felt or fabric, such sheets measuring not more than 50.8 cm in width or length (described in statistical reporting number 8420.99.9000)

8427.10.8020

Original:  Operator riding self-propelled aerial work platforms of a kind described in statistical note 1 to chapter 84,  powered by an electric motor, with a load capacity not exceeding 1,400 kg (described in statistical reporting number 8427.10.8020)
Modified:  Operator riding self-propelled aerial work platforms of a kind described in statistical note 1 to chapter 84 effective July 1, 2019, to December 31, 2019, or in statistical note 2 to chapter 84 effective January 1, 2020 powered by an electric motor, with a load capacity not exceeding 1,400 kg (described in statistical reporting number 8427.10.8010 prior to July 1, 2019; described in statistical reporting number 8427.10.8020 effective July 1, 2019 )

8431.43.8060

Cement retainer assemblies with diameter of 4.5 cm or more but not exceeding 51 cm and length of 30.5 cm or more but not exceeding 72 cm, composed of cylindrical cast iron components, nitrile rubber seal and brass back-up rings, suitable for use solely or principally with the machinery of subheadings 8430.41 or 8430.49 (described in statistical reporting number 8431.43.8060)

8477.20.0015

Extrusion machines for processing rubber, twin-screw type, designed to produce inner liners for tires (described in statistical reporting number 8477.20.0015)

8481.40.0000

Safety valves, of brass or bronze, containing a fusible element to automatically close the valve at a set temperature, each valued not over $5 (described in statistical reporting number 8481.40.0000)

8501.10.4060

DC electric motors, of an output of less than 18.65 W, other than brushless, measuring less than 38 mm in diameter (described in statistical reporting number 8501.10.4060)

8501.31.6000

DC motors, electronically commutated, three-phase, eight-pole of a kind used in HVAC systems, of an output of 750 W, valued not over $100 each (described in statistical reporting number 8501.31.6000)

9022.12.0000

Combined positron emission tomography/computed tomography (PET/CT) scanners which utilize multiple PET gantries (frames) on a common base (described in statistical reporting number 9022.12.0000)

9030.90.4600

Parts and accessories for articles of subheading 9030.10, others

 

B. List 2 – $16 Billion Exclusions Extended

1. Exclusions Expired September 20, 2020

On September 22, 2020 the USTR (85 FR 59595) announced 28 extensions for exclusions originally ending on September 20, 2020. These product exclusion extensions will apply as of that date and extend through December 31, 2020. Importers, brokers and filers are advised to use HTS 9903.88.59 when entering merchandise. Merchandise that did not receive an exclusion will revert to Chapter 9903.88.01 at the 25% duty rate.

HTS #

HTS Description

3906.90.5000

Acrylic acid-2-acrylamido-2-methylpropanesulfonic acid-acrylic ester (AA/AMPS/HPA) terpolymers, presented in dry form (described in statistical reporting number 3906.90.5000)

3917.29.0090

Molded acrylonitrile-butadiene-styrene (ABS) tubes, of a kind used to effect the sterile transfer of fluid from a bag or vial to another container, each tube measuring 7.5 cm or more but not exceeding 23 cm in length, with an inner diameter of less than 0.65 cm and an outer diameter of less than 9 cm, one end having been angle-cut to form a spike, and having an integrated flange, less than 3 cm in diameter (splash guard) near the spike end and removable polyethylene caps on each end, put up in sterile packing (described in statistical reporting number 3917.29.0090)

3919.10.2020

Electrical tape of polyvinyl chloride, in rolls, measuring not more than 2 cm in width, not more than 20.2 m in length, and not more than 0.18 mm in thickness (described in statistical reporting number 3919.10.2020

3919.10.2030

Transparent tape of plastics with an acrylic emulsion adhesive, in rolls measuring not over 4.8 cm in width, valued not over $.25 per square meter (described in statistical reporting number 3919.10.2030)

3919.10.2055

Rolls of polyethylene film coated with a solvent acrylic adhesive (described in statistical reporting number 3919.10.2055)

3920.43.5000

Rolls of polyvinyl chloride, measuring 2.5 cm or more but not exceeding 5.1 cm in width and 182.9 m in length (described in statistical reporting number 3920.43.5000)

3920.62.0090

Films coated on one or both sides with polyvinylidene chloride (PVdC) or polyvinyl alcohol (PVOH), whether or not having a primer layer between the base and coating; any of the foregoing having a total thickness greater than 0.01 mm but not greater than 0.03 mm (described in statistical reporting number 3920.62.0090

3921.12.1100

Printed film of polyvinyl chloride, laminated with foamed-polyvinyl chloride- coated polyester scrim, in rolls, of a kind used for lining shelves or drawers (described in statistical reporting number 3921.12.1100)

3921.90.1500

Original: Polyethylene sheet and film laminated with spunbond-spunbond-spunbond nonwoven polypropylene fabric, measuring 1.12 cm or more but not exceeding 1.52 cm in width and 1.93 cm or more but not exceeding 2.29 cm in length, and weighing 55 g/m2 or more but not exceeding 88 g/m2 (described in statistical reporting number 3921.90.1500) 
Modified: Polyethylene sheet and film laminated with spunbond-spunbond-spunbond nonwoven polypropylene fabric, measuring 1.12 m or more but not over 1.52 m in width and 1.93 m or more but not over 2.29 m in length  and weighing 55 g/m2 or more but not exceeding 88 g/m2 (described in statistical reporting number 3921.90.1500) 

7308.90.3000

Girders of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 (described in statistical reporting number 7308.90.3000)

7308.90.3000

Pipes of iron or steel, with connectors, meeting ASTM standard A572, Grade 50 (described in statistical reporting number 7308.90.3000)

7308.90.3000

Posts of steel pipe and tube, with ball knobs attached (described in statistical reporting number 7308.90.3000)

7308.90.3000

Posts of steel pipe and tube, with sill plates and ball studs attached (described in statistical reporting number 7308.90.3000)

7308.90.3000

Rib nodes of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 (described in statistical reporting number 7308.90.3000)

8544.60.6000

Monopolar conductors for a voltage exceeding 1,000 V, other than of copper and not fitted with connectors (described in statistical reporting number 8544.60.6000)

8711.60.0050; 8711.60.0090

Original:  Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090)
Modified: Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090, effective July 1, 2019; described in statistical reporting number 8711.60.000, effective prior to July 1, 2019)

2. Exclusions Expired October 2, 2020

On October 5, 2020, the USTR (85 FR 62786) announced 9 extensions for exclusions originally ending on October 2, 2020. These product exclusion extensions will apply as of that date and extend through December 31, 2020. Importers, brokers and filers are advised to use HTS 9903.88.61 when entering merchandise. Merchandise that did not receive an exclusion will revert to Chapter 9903.88.01 at the 25% duty rate.

HTS #

HTS Description

3911.10.0000

Elastomeric petroleum resins (CAS No. 64742-16-1) (described in statistical reporting number 3911.10.0000)

8466.30.8000

Machine tool stands having leveling, stabilizing, attachment or other special features (described in statistical reporting number 8466.30.8000)

8501.10.6080

Electric motors, with an output of 18.65 W or more but not exceeding 37.5 W, with attached cables, designed for use in adjusting motor vehicle seats (described in statistical reporting number 8501.10.6080)

8501.31.4000

DC electric motors, 12 V, with an output exceeding 74.6 W but not exceeding 735 W, with lead wires and electrical connector, measuring not over 75 mm outside diameter, with a housing not over 100 mm in length and a shaft not over 60 mm in length (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 12 V, with an output not exceeding 515 W, measuring not over 95 mm in outside diameter, not over 155 mm in length and with a shaft not over 30 mm in length (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 120 V, with an output not exceeding 90 W, measuring not over 90 mm long by 35 mm wide by 35 mm high (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 13.5 V, with an output not exceeding 110 W, measuring not over 75 mm outside diameter, housing not over 120 mm long, a shaft not over 55 mm long and with a mounting flange not over 150 mm (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 230 V, with an output not exceeding 140 W, measuring not more than 45 mm in diameter and not over 100 mm in length (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 230 V, with output not exceeding 85 W, measuring not more than 90 mm in length by 35 mm in width by 35 mm in height (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, 24 V, with an output not exceeding 515 W, measuring not over 95 mm in outside diameter, not over 155 mm in length and with a shaft not over 30 mm in length (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC electric motors, with an output exceeding 74.6 W but not exceeding 735 W, containing lead wires and an electrical connector (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC motors with a power output exceeding 74.6 W but not exceeding 230 W, measuring less than 105 mm in diameter and 50 mm or more but not over 100 mm in length (described in statistical reporting number 8501.31.4000)

8501.31.4000

DC motors, of an output exceeding 74.6 W but not exceeding 735 W, each valued not over $18 (described in statistical reporting number 8501.31.4000)

8501.31.4000

Direct Current (DC) permanent magnet motors rated at 90 W or more but not over 110 W and 24 V with torque of 65 Newton meters (Nm) and 2,035 Nm, incorporating a wheel that can manually actuate a valve (described in statistical reporting number 8501.31.4000)

8536.30.8000

Ground Fault Circuit Interrupters (GFCIs), Appliance Leakage Current Interrupters (ALCIs), Leakage Current Detection Interrupters (LCDIs), and Arc Fault Circuit Interrupters (AFCIs) (described in statistical reporting number 8536.30.8000)

8536.50.7000

Electronic AC passive infrared (PIR) motion sensing switches (described in statistical reporting number 8536.50.7000)

8607.30.1000

Bottom shelf coupler assemblies designed for use with coupling systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning front retainer plates, designed for use with buffering/cushioning systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning intermediate aligning and overtravel protection members, designed for use with buffering/cushioning systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning rear aligning and overtravel protection members designed for use with buffering/cushioning systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning rear structural units, designed for use with buffering/cushioning systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning retention and alignment shafts, designed for use with buffering/cushioning systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Buffering/cushioning retention caps, designed for use with buffering/cushioning systems of freight railcars of heading 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Draft pack rear aligning and overtravel protection members, designed for use with hybrid railcar cushioning systems of freight railcars of heading 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Follower block plates, designed for use with buffering/cushioning systems of freight railcars of heading 8606 (described in statistical reporting number 8607.30.1000)

8607.30.1000

Type F knuckles, designed for use with coupling systems of vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000)

9025.19.8040; 9025.19.8010; 9025.19.8020

Original:  Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040)
Modified:  Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 effective July 1, 2020)

9027.10.2000

Portable, wireless enabled, electrical gas monitors (described in statistical reporting number 9027.10.2000)

 

Visit our website site for the UPDATED COMPREHENSIVE EXCLUSION LIST which includes all exclusions granted and technical amendments, corrections to typographic and/or ministerial errors to date.

If an exclusion was amended or corrected by a later Federal Register notice, the extension comments must be submitted referencing the original published notice.

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.

 

 

 

 

 

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