Section 301 China – Lists 3 and 4A Exclusions
Granted March 2020, List 1 Exclusions Extended,
Time to Apply for Exclusion Extensions

March 19, 2020

The USTR published in the Federal Register on March 16, 2020 (85 FR 15015 – HTS 9903.88.41) and March 17, 2020 (85 FR 15244 – HTS 9903.88.42) a list of 24 additional medical items that were granted Section 301 exclusions. These exclusions were granted in response to the Coronavirus and are medical in nature. 

Below are the granted HTS numbers, descriptions listing the HTS item and the HTS subheadings to use for the exclusion:

HTS

Heading/
Subheading

Description

List

Use HTS

3923.21.0030

Subheading

Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Sacks and bags (including cones); Of polymers of ethylene, other

3

9903.88.41

3923.21.0095

Subheading

Articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: Of polymers of ethylene; Other

3

9903.88.41

3926.20.9050

Subheading

Articles of apparel and clothing accessories (including gloves, mittens and mitts): other: other

3

9903.88.41

3926.90.9990

Subheading

Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990)

4A

9903.88.42

3926.90.9990

Subheading

Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990)

4A

9903.88.42

3926.90.9990

Subheading

Pads of foam plastics, with hook and loop fastener straps, integrated arm protectors, and accessory headrest, body straps, lift sheets, hand grips and face masks, of a kind used for positioning patients during medical procedures (described in statistical reporting number 3926.90.9990)

4A

9903.88.42

3926.90.9990

Subheading

Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990)

4A

9903.88.42

3926.90.9990

Subheading

Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990)

4A

9903.88.42

4015.19.1010

Subheading

Articles of apparel and clothing accessories (including gloves, mittens and mitts), for all purposes, of vulcanized rubber other than hard rubber: other: seamless; disposable

3

9903.88.41

5603.12.0090

Subheading

Nonwovens, whether or not impregnated, coated, covered or laminated: Weighing more than 25 g/m2 but not more than 70 g/m: other

3

9903.88.41

6307.90.9889

Subheading

Cold packs consisting of a single-use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Eye compresses, each consisting of a fabric cover filled with silica or gel beads, with or without a hook-and-loop fastener strap (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Face masks, single-use, of textile fabrics (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Gel pads of textile materials, each with removable fabric sleeves, in the shape of hearts, circles or quadrants (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Single-use stethoscope covers (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

6307.90.9889

Subheading

Woven gauze sponges of cotton in square or rectangular sizes (described in statistical reporting number 6307.90.9889)

4A

9903.88.42

8479.89.6500

Subheading

Electromechanical shoe cover dispenser, of steel (described in statistical reporting number 8479.89.6500)

4A

9903.88.42

9004.90.0000

Subheading

Protective articles (described in statistical reporting number 9004.90.0000)

4A

9903.88.42

 

The exclusions for List 3 apply retroactively to September 24, 2018 and are in effect until to August 7, 2020. List 4A exclusions apply retroactively to September 1, 2019 and are in effect until September 20, 2020.

List 1 Exclusions Extended

On March 19, 2020 (85 FR 15849) the USTR listed seven List 1 exclusions that would be extended until March 25, 2021. The HTS exclusion number will remain 9903.88.06 and are as follows:

HTS

Heading/
Subheading

Description

List

Use HTS Exclusion #

8412.21.0045

Subheading

Linear acting hydraulic motors with telescoping type cylinders

1

9903.88.06

8413.81.0040

Subheading

Breast pumps, whether or not with accessories or batteries (described in statistical reporting number 8413.81.0040)

1

9903.88.06

8421.21.0000

Subheading

Machinery for filtering water, submersible, powered by batteries, manually operated, such machinery designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

1

9903.88.06

8421.21.0000

Subheading

Hand-held ultraviolet water purifiers, powered by batteries (described in statistical reporting number 8421.21.0000)

1

9903.88.06

8421.22.0000

Subheading

Filters designed to remove sulfites from wine (described in statistical reporting number 8421.22.0000)

1

9903.88.06

8421.99.0040

Subheading

Filter housings, covers, or couplings, the foregoing of steel and comprising parts of machinery or apparatus for filtering liquids (described in statistical reporting number 8421.99.0040)

1

9903.88.06

8431.49.9095

Subheading

Vulcanized rubber tracks, each incorporating cords and cleats of steel, designed for use on construction equipment (described in statistical reporting number 8431.49.9095)

1

9903.88.06

8471.70.6000

Subheading

Automated data processing storage units (other than magnetic disk drive units), not assembled in cabinets for placing on a table or similar place, not presented with any other unit of a system (described in statistical reporting number 8471.70.6000)

1

9903.88.06

8501.10.4020

Subheading

Electric motors, AC, permanent split capacitor type, each in a housing with outside diameter of 84 mm or less, with output of 6 W or more but not exceeding 16 W (described in statistical reporting number 8501.10.4020)

1

9903.88.06

8607.21.1000

Subheading

Air brakes and parts thereof for railway or tramway vehicles of heading 8605 or 8606

1

9903.88.06

9027.90.5650

Subheading

Inoculator sets of plastics, each consisting of a plate with multiple wells, a display tray, and a lid; when assembled, the set measuring 105 mm or more but not exceeding 108 mm in width, 138 mm or more but not exceeding 140 mm in depth, and 6.5 mm or less in thickness (described in statistical reporting number 9027.90.5650)

1

9903.88.06

 

All other exclusions that were granted in the March 25, 2019 Federal Register (84 FR 11154) will revert to the 25% additional duty rate on March 25, 2020 and use HTS 9903.88.01.

List 1 – June 2019 Exclusion Extensions

The USTR pre-published a notice on March 19, 2020 announcing it will begin accepting exclusion extension requests for List 1 exclusions granted June 2019. 

Visit our website site for the comprehensive EXCLUSION LIST, which includes all exclusions granted, those HTS numbers which are no longer excluded, technical amendments, corrections to typographic and/or ministerial errors to date.

If you have questions about filing an exclusion extension 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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