Section 301 Update 5-22-20

Section 301- New List 3 Exclusions Granted;
List 1 May 14, 2020 Exclusions Extended

May 22, 2020

List 3 New Exclusions Granted

On May 22, 2020 the USTR posted on its website the pre-publication of the exclusions granted on May 21, 2020. These include 17 subheading and 61 product-specific HTS numbers. These include such items as children’s painting kits, chemicals, grommets, flooring planks, travel bags, diaries, scaffolding equipment, portable grills, pet identification tags, shipping scales and more.

The exclusion for these items is retroactive to September 24, 2018 and remain in effect until August 7, 2020. Brokers, importers and filers are instructed to use HTS 9903.88.48 when entering merchandise.

HTS #	Heading / Subheading	HTS Description
8531.90.9001	Product specific	Resonant circuit tags, consisting of at least a tuned capacitor and an antenna, designed for use with a radio frequency surveillance system, the foregoing tags not equipped with memory storage capability or other media (described in statistical reporting number 8531.90.9001)
0511.91.0090	Product specific	Freeze-dried or frozen bloodworms (Chironomidae), of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)
0511.91.0090	Product specific	Freeze-dried or frozen brine shrimp (Artemia franciscana), whole, of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)
0511.91.0090	Product specific	Freeze-dried shrimp (Penaeus spp.), whole, of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)
0511.91.0090	Product specific	Freeze-dried tubifex worms, whole, of a kind used as pet feed, put up for retail sale in induction-sealed plastic cans each with a net weight of at least 23 g but not more than 43 g (described in statistical reporting number 0511.91.0090)
0713.33.1040	Subheading	Kidney beans, including white pea beans, seeds of a kind used for sowing
0713.50.1000	Subheading	Bean beans and horse beans, seeds of a kind used for sowing
1207.70.0020	Subheading	Melon seeds, cantaloupe
1207.70.0040	Subheading	Melon seeds, watermelon
1209.30.0090	Subheading	Seeds of herbaceous plants cultivated principally for their flowers
1209.91.6010	Subheading	Vegetable seeds, sweet pepper
1209.91.8010	Subheading	Vegetable seeds, carrot
1209.91.8020	Subheading	Vegetable seeds, radish
1209.91.8040	Subheading	Vegetable seeds, cucumber
1209.91.8050	Subheading	Vegetable seeds, lettuce
1209.91.8060	Subheading	Vegetable seeds, squash
1209.91.8070	Subheading	Vegetable seeds, tomato
1212.29.0000	Product specific	Dried green seaweed (Porphyra spp.), of a kind used as pet feed, put up for retail sale in containers comprising 24 pre-cut sheets packaged in resealable plastic bags each with a net weight of 23 g (described in statistical reporting number 1212.29.0000)
2841.69.0010	Product specific	Sodium permanganate (CAS No. 10101-50-5) in 40 percent aqueous solution (described in statistical reporting number 2841.69.0010)
2849.90.1000	Product specific	Boron carbide (CAS No. 12069-32-8) in powder form (described in statistical reporting number 2849.90.1000)
2916.19.1000	Subheading	Oleic, linoleic or linolenic acids, their salts and esters; Potassium sorbate
3213.10.0000	Product specific	Children's acrylic paint sets, each comprising either 6, 12 or 24 jars or pots of different colors of paints, each jar or pot containing at least 5 ml but not more than 23 ml, with a paint brush, such sets put up for retail sale (described in statistical reporting number 3213.10.0000)
3213.10.0000	Product specific	Children's rock painting kits, each comprising various colors of acrylic paints, a paint brush and rocks, each group of rocks weighing at least 900 g but not more than 1,400 g, and accessories including but not limited to swirl sticks or transfer sheets (described in statistical reporting number 3213.10.0000)
3213.10.0000	Product specific	Children's washable tempera paint sets, each comprising 5 pots of different colors of paints, each pot containing 5 ml, presented with or without a paint brush and put up for retail sale (described in statistical reporting number 3213.10.0000)
3401.30.5000	Product specific	Organic surface-active liquid for washing the skin, not containing any aromatic or modified aromatic surface-active agent, put up for retail sale in a bottle of plastics with pump-action top, each bottle measuring not more than 17 cm in width, not more than 27 cm in height and not more than 6.5 cm in length and with a net weight of not more than 0.5 kg (described in statistical reporting number 3401.30.5000)
3404.90.5150	Product specific	Toilet seal rings of artificial or prepared waxes (other than polyethylene glycol waxes, waxes containing bleached beeswax or chemically modified lignite waxes) (described in statistical reporting number 3404.90.5150)
3801.10.5000	Product specific	Artificial graphite, in powder or flake form, for manufacturing into the lithium-ion anode component of batteries (described in statistical reporting number 3801.10.5000)
3808.93.5050	Product specific	Mixtures of ammonium ethyl carbamoylphosphonate (Fosamine-ammonium) (CAS No. 25954-13-6) and application adjuvants (described in statistical reporting number 3808.93.5050)
3824.78.0020	Product specific	Refrigerant gas R-421B, comprising mixtures containing at least 83 percent but not more than 87 percent by weight of pentafluoroethane, at least 13 percent but not more than 17 percent by weight of 1,1,2,2-tetrafluoroethane, and at least 0.5 percent but not more than 2 percent by weight of lubricant (described in statistical reporting number 3824.78.0020)
3824.99.9297	Product specific	Silicon monoxide (SiO) (CAS No. 10097-28-6) in powder form (described in statistical reporting number 3824.99.9297)
4016.93.5020	Product specific	Washing machine tub seals of acrylonitrile-butadiene rubber ("NBR"), each bottom seal incorporating a radial ball bearing and locking pin and each top seal presented with a metal shroud and grease installed (described in statistical reporting number 4016.93.5020)
4016.99.6050	Product specific	Grommets, of acrylonitrile-butadiene rubber ("NBR"), each with an inner diameter of not more than 6 cm and an outer diameter of not more than 8 cm, each weighing not more than 10 g, of a kind used in automotive fuel assemblies (described in statistical reporting number 4016.99.6050)
4202.22.1500	Product specific	Handbags with outer surface of sheeting of plastics, each measuring not more than 35 cm in width, not more than 20.5 cm in height and not more than 30 cm in length (described in statistical reporting number 4202.22.1500)
4202.32.1000	Product specific	Coin purses with outer surface of laminated plastics, each measuring not more than 8 cm in length, not more than 8 cm in height, and not more than 3 cm in width (described in statistical reporting number 4202.32.1000)
4202.92.3131	Product specific	Garment travel bags of man-made fibers, each weighing at least 0.9 kg but not more than 1.9 kg, measuring at least 100 cm but not more than 170 cm in length, with zippered compartments, with handles to carry in a folded condition and a hanger clamp (described in statistical reporting number 4202.92.3131)
4411.13.2000	Product specific	Flooring planks, each measuring at least 121 cm but not more than 122 cm in length and at least 12.7 cm but not more than 19.7 cm in width (described in statistical reporting number 4411.13.2000)
4420.90.8000	Product specific	Boxes of wood, each measuring not more than 30 cm by 13 cm by 20 cm, with hinged top, handle of base metals and 2 clasps (described in statistical reporting number 4420.90.8000)
4421.99.1500	Product specific	Wood dowel pins, plain, other than coniferous, of birch (Betula spp.), each measuring at least 19.5 cm but not more than 38.5 cm in length and at least 4.7 mm but not more than 8 mm in thickness (described in statistical reporting number 4421.99.1500)
4602.90.0000	Product specific	Polypropylene roofing underlayment (described in statistical reporting number 4602.90.0000)
4820.10.2010	Product specific	Diaries, bound, each containing at least 40 sheets but not more than 60 sheets of paper, each presented in a kit also containing a pen and stickers (described in statistical reporting number 4820.10.2010)
4820.50.0000	Product specific	Albums for samples or collections, each containing at least 15 pages but not more than 20 pages, put up for retail sale in kits, each also containing cards and envelopes, a glue stick, a stencil, a pair of scissors, stamps, sticker sheets, sparkling gemstones, markers and pens (described in statistical reporting number 4820.50.0000)
5603.14.9090	Subheading	Nonwovens, whether or not impregnated, coated, covered or laminated: other
5603.92.0090	Subheading	Nonwovens, whether or not impregnated, coated, covered or laminated: Weighing more than 25 g/m2 but not more than 70 g/m2
5603.93.0090	Subheading	Nonwovens, whether or not impregnated, coated, covered or laminated: Weighing more than 70 g/m2 but not more than 150 g/m2
5701.90.1010	Product specific	Rugs of hand-knotted pile, of nylon and polypropylene, measuring at least 1.2 m2 (described in statistical reporting number 5701.90.1010)
5901.90.4000	Product specific	Prepared painting canvas panel boards, each board containing by weight 50 percent canvas, other than of canvas man-made fibers, and 50 percent paper, in sizes measuring at least 9 cm but not more than 29 cm in width, at least 14 cm but not more than 37 cm in height and at least 0.6 cm but not more than 3.5 cm in thickness, put up for retail sale in kits each containing not more than 12 boards (described in statistical reporting number 5901.90.4000)
7308.40.0000	Product specific	Equipment for scaffolding, comprising galvanized steel frames, posts, planks, bay braces, ledgers, components and accessories, for assembly in cuplock configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)
7308.40.0000	Product specific	Equipment for scaffolding, comprising powder coated or galvanized welded tubular steel frames, braces, guard rail systems, components and accessories, the foregoing for assembly into frame and brace configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)
7310.10.0010	Product specific	Drums and barrels, of stainless steel, presented empty, each with a capacity of at least 50 liters but not more than 60 liters and weighing at least 12 kg but not more than 15 kg (described in statistical reporting number 7310.10.0010)
7310.21.0025	Product specific	Containers of stainless steel, of circular cross section, closed by soldering, each with a volume capacity at least 11.4 liters but not more than 26.6 liters, of a kind used for the conveyance of beer (described in statistical reporting number 7310.21.0025)
7318.15.8082	Product specific	Screws of stainless steel, having shanks or threads with a diameter of at least 6 mm, self-threading with Philips head (described in statistical reporting number 7318.15.8082)
7321.11.1060	Product specific	Portable grills of iron or steel designed for use with both charcoal and propane as fuels, each presented with a porcelain-coated cast iron cooking grid, a charcoal tray, an air damper, a temperature gauge and independently controlled stainless steel burners (described in statistical reporting number 7321.11.1060)
7321.90.1000	Product specific	Stainless steel cover assemblies with side shields, comprising parts of stoves and ranges, with cast aluminum front section and black textured finish, each weighing not more than 2.8 kg and measuring at least 35 cm in depth, at least 47 cm in width, and at least 4 cm in height (described in statistical reporting number 7321.90.1000)
7321.90.1000	Product specific	Stainless steel drop-in cooktop assemblies comprising parts of stoves and ranges, with two burners, each weighing not more than 1.2 kg and measuring at least 33 cm in depth, at least 45 cm in width, and at least 2 cm in height (described in statistical reporting number 7321.90.1000)
7321.90.1000	Product specific	Steel drop-in burner box assemblies comprising parts of stoves and ranges, each weighing not more than 4.5 kg and measuring at least 30 cm in depth, at least 43 cm in width and at least 10 cm in height (described in statistical reporting number 7321.90.1000)
7321.90.1000	Product specific	Steel drop-in cooktop assemblies comprising parts of stoves and ranges, with black porcelain, with two burners, each weighing not more than 1.2 kg and measuring at least 12 cm in depth, at least 17 cm in width and at least 0.4 cm in height (described in statistical reporting number 7321.90.1000)
7321.90.1000	Product specific	Steel drop-in cover assemblies with clear or opaque glass comprising parts of stoves and ranges, each measuring not more than 0.4 cm in thickness and at least 42 cm by 52 cm by 4 cm (described in statistical reporting number 7321.90.1000)
7321.90.1000	Product specific	Steel griddles comprising parts of stoves and ranges, each measuring at least 47 cm in length, at least 35 cm in width and at least 18 cm in height (described in statistical reporting number 7321.90.1000)
7326.90.8688	Product specific	Tailor welded blanks of hot-formed steel sheets, cut into D-shaped form, each measuring not more than 2 mm by not more than 1.6 mm (described in statistical reporting number 7326.90.8688)
7616.99.5190	Product specific	Water bottle art kits, each comprising a water bottle of aluminum that is Bisphenol A ("BPA")-free, a carabiner clip, with color markers and adhesive acrylic gems, each kit not more than 0.3 kg in weight (described in statistical reporting number 7616.99.5190)
8207.19.3060	Product specific	Tungsten carbide rock drilling core bits, with at least 10 percent but not more than 11 percent cobalt content by weight (described in statistical reporting number 8207.19.3060)
8302.49.4000	Product specific	Pet identification tags of aluminum, each with accompanying split ring for attachment to a collar and weighing not more than 15 g (described in statistical reporting number 8302.49.4000)
8302.49.4000	Product specific	Pet identification tags of chrome coated brass, each weighing not more than 10 g (described in statistical reporting number 8302.49.4000)
8303.00.0000	Product specific	Gun safes with digital keypads, of base metal, each weighing at least 148 kg but not more than 422 kg, measuring at least 141 cm but not more than 183 cm in height, at least 55 cm but not more than 107 cm in width and at least 40 cm but not more than 71 cm in depth (described in statistical reporting number 8303.00.0000)
8412.90.9081	Product specific	Wind turbine hubs (described in statistical reporting number 8412.90.9081)
8418.50.0080	Product specific	Upright coolers incorporating refrigerating equipment, each measuring not more than 77 cm in width, not more than 78 cm in depth and not more than 200 cm in height, weighing not more than 127 kg, with one swing-type transparent glass door (described in statistical reporting number 8418.50.0080)
8421.23.0000	Product specific	Fuel filters for internal combustion engines, employing paper filtering media, each measuring at least 7 cm but not more than 16 cm in diameter, weighing not more than 120 g (described in statistical reporting number 8421.23.0000)
8423.81.0040	Product specific	Shipping scales, of aluminum, containing stainless steel and acrylonitrile- butadiene-styrene ("ABS") plastics, with a maximum weighing capacity of not more than 30 kg, with a graphical display, with a flat top measuring at least 26 cm but not more than 32 cm by at least 29 cm but not more than 36 cm (described in statistical reporting number 8423.81.0040)
8426.30.0000	Product specific	Portal cranes, each with a jib or operating arm to extend horizontally from the crane and run on rails, with the crane sitting on a pedestal, each crane with lifting capacity of at least 200 t (described in statistical reporting number 8426.30.0000)
8481.80.9015	Product specific	Self-regulating valves to control fuel pressure for automotive and marine applications (described in statistical reporting number 8481.80.9015)
8512.20.2040	Product specific	Headlamp assemblies for passenger cars and trucks of subheading 8701.20 or heading 8702, 8703, 8704 or 8705, each comprising a plastic housing, a clear polycarbonate ("PC") lens and light bulbs (described in statistical reporting number 8512.20.2040)
8512.90.2000	Product specific	Battery holders for bicycle signaling apparatus (described in statistical reporting number 8512.90.2000)
8516.60.4074	Product specific	Countertop ovens of stainless steel and plastic, each with capacity of not more than 23 liters and measuring not more than 48 cm in width, not more than 32 cm in depth, and not more than 30 cm in height, weighing not more than 10 kg, each oven with convection, bake, steam and broil functions, controlled manually or by a WiFi-enabled signal (described in statistical reporting number 8516.60.4074)
8708.29.5060	Product specific	Die-cast aluminum alloy running boards for motor vehicles of headings 8701 to 8705, each measuring not more than 230 cm in length, not more than 21 cm in width and not more than 3 cm in thickness (described in statistical reporting number 8708.29.5060)
9401.79.0050	Product specific	Unassembled non-upholstered chairs with metal frames (other than household chairs) with seats and backs having a shell of plastics or wood and measuring at least 48 cm but not more than 61 cm in width (described in statistical reporting number 9401.79.0050)
9403.60.8081	Product specific	Floor-standing jewelry armoires of medium density fiberboard panels and wood veneer, with locking mechanism (described in statistical reporting number 9403.60.8081)
9403.60.8081	Product specific	Floor-standing jewelry armoires with walnut finish, with locking mechanism, mirrored lid, multiple drawers and compartments, measuring not more than 46.5 cm in length, not more than 35 cm in width and not more than 96 cm in height (described in statistical reporting number 9403.60.8081)
9403.70.4002	Subheading	Furniture of plastics, toddler beds, bassinets and cradles

Click here to view a comprehensive list of exclusions and technical changes.

List 1 Exclusions Extended until December 31, 2020

On May 15, 2020, USTR published in the Federal Register (85 FR 29504) 13 List 1 exclusion extensions. The exclusions, which were set to expire on May 14, 2020, have been extended until December 31, 2020. These HTS numbers fall subheading 9903.88.08 and are retroactive to July 6, 2018.

HTS #	Heading / Subheading	HTS Description
8421.21.0000	Product Specific	Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000)
8421.39.8015	Product Specific	Air purification equipment, electrically powered, weighing less than 36 kg (described in statistical reporting number 8421.39.8015)
8481.10.0090	Subheading	Pressure-reducing Valves, Others
8481.90.9040	Product Specific	Armatures designed for use in hydraulic solenoid valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	C-poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	Metering spools, of aluminum, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	Metering spools, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	Poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	Push pins, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8481.90.9040	Product Specific	Retainers, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
8483.50.9040	Subheading	Grooved Pulleys, Others
9011.10.8000	Product Specific	Stereoscopic microscopes, not provided with a means for photographing the image, valued not over $500 per unit (described in statistical reporting number 9011.10.8000)
9011.90.0000	Product Specific	Adapter rings, tubes and extension sleeves, stands and arm assemblies, stages and gliding tables, eye guards and focusing racks, all the foregoing designed for use with compound optical microscopes (described in statistical reporting number 9011.90.0000)

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.

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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