Update on China Section 301 Duties:
New Exclusions Granted for List 3 and 4A
Time to Apply for Exclusion Extensions Granted June 2019

March 31, 2020

New List 3 Exclusions

The USTR published a list of 176 subheadings available for List 3 exclusion. See Federal Register on March 26, 2020 (85 FR 17158). Additionally the Federal Register notice lists 5 exclusions added to HTS 9903.88.37 (U.S. Note 20(pp) as originally published 85 FR 549 of 1/6/2020).

Included in the excluded items are seeds, chemicals, textile materials, bandsaws, hydraulic jacks, parts of suspension systems, shelving units and cabinets. Click here for a list of the all 181 exclusion items.

The List 3 exclusions apply retroactively to September 24, 2018 and are in effect until to August 7, 2020. Importers, brokers and other filers are instructed to use HTS subheading 9903.88.43 for the exclusions as directed in CSMS #4181055, unless covered by HTS 9903.88.37.

Section 301 duties will be available in the Automated Commercial Environment (ACE) as of 7 am eastern time, March 31, 2020.

New List 4A Exclusions

On March 30, 2020 the USTR published a notice (85 FR 17936) granting exclusions on 12 List 4A items. These will apply retroactively to September 1, 2019 and are in effect until September 20, 2020. Included are ice bags, refillable dispensers designed for mounting, coverings of plastics and sterile urology drain bags. These too are included on our comprehensive list of published exclusions.

REMINDER List 1 – June 2019 Exclusion Extensions Due by April 30, 2020

The USTR published a public inspection document in the Federal Register notice on March 20, 2020 (85 FR 16181) announcing it will begin accepting exclusion extension requests for List 1 exclusions granted June 2019 (84 FR 25895 of 06/04/2019). The portal will be open April 1, 2020 through April 30, 2020.

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.

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