Section 301 China – NEW List 4 Exclusions Granted; List 1 Exclusions Extended and Filing for Extension Comment Deadlines

June 10, 2020

List 4 Exclusions Granted

On June 9, 2020 the USTR pre-published exclusions for List 4 (2 subheading and 32 product specific). The list includes gloves, shells for pillows and comforters made of microfiber fabric, optical channel splitters, spectacle frames, wristwatch cases, bands and hands, and more as enumerated below.

List 4A exclusions are retroactive to goods entered from September 1, 2019 and are valid through September 1, 2020. Brokers, importers and other entry filers should use HTS 9903.88.49.

Exclusions Granted June 8, 2020


HTS #

Heading / Subheading

HTS Description

0505.10.0055

Product specific

Down of ducks or geese, not further worked than cleaned, disinfected or treated for preservation, meeting both test standards 4 and 10.1 of Federal Standard 148a promulgated by the General Services Administration, with a fill power of at least 315 cm3/g but not more than 580 cm3/g (described in statistical reporting number 0505.10.0055)

2933.69.6010

Product specific

Cyanuric chloride (IUPAC name: 2,4,6-trichloro-1,3,5-triazine) (CAS No. 108-77-0), 99.5 percent or higher in purity (described in statistical reporting number 2933.69.6010)

3924.90.5650

Product specific

Kneeling pads of plastics (described in statistical reporting number 3924.90.5650)

3926.90.9990

Product specific

Fittings of plastics, of a kind used to connect mop heads with mop handles (described in statistical reporting number 3926.90.9990)

4901.99.0093

Product specific

Printed books, in the Chinese language (other than dictionaries and encyclopedias, textbooks, directories, bibles, testaments, prayer books and other religious books, technical, scientific and professional books, art and pictorial books, hardbound books, and rack size paperbound books), containing 49 or more pages each (excluding covers) (described in statistical reporting number 4901.99.0093)

5210.11.4040

Subheading

Woven Fabric Of Cotton Sheeting

5210.11.6020

Subheading

Woven Fabric Of Cotton Poplin or broadcloth

6116.10.4400

Product specific

Women's cut and sewn garden gloves, without fourchettes, cut and sewn from preexisting machine knitted fabric of polyester and cotton jersey, containing 50 percent or more by weight of rubber or plastics, clute cut (described in statistical reporting number 6116.10.4400)

6116.10.5520

Product specific

Gloves cut and sewn of machine knitted fabric, without fourchettes, with applied polyvinyl chloride dots, such gloves containing 50 percent or more by weight of cotton, man-made fibers or wool, or any combination thereof and subject to man-made fiber restraints (described in statistical reporting number 6116.10.5520)

6116.10.6500

Product specific

Gloves, containing less than 50 percent by weight of textile fibers, coated with rubber or plastics designed for enhanced grip (described in statistical reporting number 6116.10.6500)

6116.93.8800

Product specific

Gloves, cut and sewn of knitted fabric in chief weight of polyester, not impregnated, coated or covered with plastics or rubber, without fourchettes (described in statistical reporting number 6116.93.8800)

6216.00.1720

Product specific

Gloves of vegetable fibers, without fourchettes, with applied dots of polyvinyl chloride (described in statistical reporting number 6216.00.1720)

6307.90.9889

Product specific

Shells for pillows and comforters made from microfiber fabric consisting of filament yarns not more than 1.22 decitex, such fabric with a weight of at least 55 g/m2 but not more than 155 g/m2 (described in statistical reporting number 6307.90.9889)

7217.20.3000

Product specific

Round wire of nonalloy steel, hot-dipped galvanized with zinc, containing by weight less than 0.25 percent carbon, measuring at least 1.5 mm in diameter (described in statistical reporting number 7217.20.3000)

8305.10.0010

Product specific

Ring binder mechanisms for loose leaf binders, each measuring at least 132 mm but not more than 134 mm in length and at least 16 mm but not more than 18 mm in width, with 2 prongs seated underneath housing (described in statistical reporting number 8305.10.0010)

8481.90.1000

Product specific

Three-way hand-operated valve part of brass, suitable for use as an input part on irrigation-grade valves (described in statistical reporting number 8481.90.1000)

8507.60.0020

Product specific

Lithium-ion batteries of a form other than size designations of the International Electrotechnical Commission (“IEC”) or the American National Standards Institute (“ANSI”), each producing not more than 45 V, with a capacity of at least 6,000 milliamp hours (mAh) but not more than 10 A hours (described in statistical reporting number 8507.60.0020)

8517.62.0090

Product specific

Optical channel splitters (capable of converting between electrical signals and multiplexed optical signals) (described in statistical reporting number 8517.62.0090)

8529.90.1300

Product specific

Television liquid crystal display (“LCD”) main board assemblies, each consisting of a printed circuit board containing a television tuner and audio and video components (described in statistical reporting number 8529.90.1300)

9003.11.000

Product specific

Spectacle frames of plastics conforming to U.S. Food and Drug Administration regulations as approved medical devices (described in statistical reporting number 9003.11.0000)

9003.11.0000

Product specific

Safety spectacle frames of plastics conforming to U.S. Occupational Safety and Health Administration standards (described in statistical reporting number 9003.11.0000)

9003.19.0000

Product specific

Spectacle frames, other than of plastics (described in statistical reporting number 9003.19.0000)

9013.80.9000

Product specific

Liquid crystal display (“LCD”) modules, not capable of receiving or processing a broadcast television signal, each with a video display diagonal measuring not more than 191 cm (described in statistical reporting number 9013.80.9000)

9111.20.4000

Product specific

Watch cases of stainless steel and titanium, not gold- or silver-plated, unassembled, each measuring at least 20 mm but not more than 48 mm in diameter and weighing at least 50 g but not more than 250 g (described in statistical reporting number 9111.20.4000)

9111.20.4000

Product specific

Wristwatch cases of stainless steel, not gold- or silver-plated, including the sapphire crystal, the crown and the case back, each measuring at least 39 mm but not more than 41 mm in diameter and at least 8 mm but not more than 10 mm in thickness, weighing not more than 40 g (described in statistical reporting number 9111.20.4000)

9114.30.4000

Product specific

Watch dials of brass, each measuring at least 18 mm but not exceeding 50 mm in width and weighing at least 10 g but not more than 20 g (described in statistical reporting number 9114.30.4000)

9114.30.4000

Product specific

Wristwatch dials of copper, each measuring at least 33 mm but not more than 35 mm in diameter (described in statistical reporting number 9114.30.4000)

9114.90.4000

Product specific

Wristwatch hands, presented in sets each containing three hands (second, minute and hour) of copper, each hand measuring at least 10 mm but not more than 14 mm in length, faced with lume paint (described in statistical reporting number 9114.90.4000)

9401.90.1085

Product specific

Parts of child safety seats (described in statistical reporting number 9401.90.1085)

9506.91.0030

Product specific

Unfinished pads and seats for weight-training exercise machines (described in statistical reporting number 9506.91.0030)

9507.20.8000

Product specific

Fish hooks, not snelled (described in statistical reporting number 9507.20.8000)

9603.90.8050

Product specific

Mop heads of polyester and rayon, lint free, disposable (described in statistical reporting number 9603.90.8050)

9603.90.8050

Product specific

Tufts of swine hair bristles, oriented with the soft feather tipped ends of the hairs facing up and the hard, root ends of the hairs facing down, with the root ends of the hairs glued together to form a round bottom not more than 7 mm in diameter, for incorporation into brushes (described in statistical reporting number 9603.90.8050)

9613.80.2090

Product specific

Electrical spark lighters (described in statistical reporting number 9613.80.2090)

 

List 4 Exclusions Revoked

On May 28, 2020 the USTR (85 FR 32098 of 05/28/2020) revoked 2 List 4A exclusions granted under 9903.88.47:

HTS #

Heading / Subheading

HTS Description

3924.10.4000

Product Specific

Tumblers or disposable graduated liners for pitchers, of plastics, of a kind used in healthcare facilities (described in statistical reporting number 3924.10.4000

8479.82.0080

Product Specific

Manually operated pill or tablet crushers of plastics, presented with attachable pouches of plastics for capturing and storing the resulting powders (described in statistical reporting number 8479.82.0080)

List 1 Exclusions Extended Granted

On June 2, 2020, the USTR (85 FR 33775 of 06/02/2020) published 16 exclusions extensions. However, the Federal Register notice and the USTR have given these extensions a new Chapter 99 and U.S. Note 20 designation (Note 20 (ccc). These extensions are retroactive to June 4, 2019 and valid through December 31, 2020. Brokers, filers and importers should use HTS 9903.88.50 when importing under these tariff numbers.

HTS #

Heading / Subheading

HTS Description

8413.50.0010

Product specific

Oil well and oil field crank-balanced, long-stroke and beam pumps (described in statistical reporting number 8413.50.0010)

8413.70.2004

Product specific

Centrifugal pumps, submersible, other than for use with machines for making cellulosic pulp, paper or paperboard; the foregoing pumps rated not over 15 kW (described in statistical reporting number 8413.70.2004)

8413.70.2004

Product specific

Submersible pump incorporating a magnetic drive motor (described in statistical reporting number 8413.70.2004)

8413.70.2090

Product specific

Centrifugal pumps designed for eliminating condensate, the foregoing not elsewhere specified or included (described in statistical reporting number 8413.70.2090)

8413.91.9010

Product specific

Housings for water pumps of subheading 8413.30.90 (described in statistical reporting number 8413.91.9010)

8419.19.0040

Product specific

Solar water heaters incorporating glass tube heat collectors and including glass tubes and stands with tanks (described in statistical reporting number 8419.19.0040)

8419.90.3000

Product specific

Heat exchanger plates, cores, finned tubes, cones, shells, bonnets, flanges and baffles (described in statistical reporting number 8419.90.3000)

8428.90.0290

Product specific

Garage door opener/closers (described in statistical reporting number 8428.90.0290)

8430.10.0000

Product specific

Pile drivers, diesel powered (described in statistical reporting number 8430.10.0000)

8431.39.0010

Product specific

Welded frames designed to support conveyor rollers (described in statistical reporting number 8431.39.0010)

8483.90.8010

Product specific

Coupling covers, including center members, flanged hubs, sleeves and shoes (described in statistical reporting number 8483.90.8010)

8501.53.8040

Product specific

AC multi-phase motors, each of an output exceeding 300 kW but not exceeding 310 kW, fitted with pulleys and brakes to raise and lower passenger elevators (described in statistical reporting number 8501.53.8040)

8504.40.4000

Product specific

Regenerative speed drive controllers for controlling speed of electric motors for elevators (described in statistical reporting number 8504.40.4000)

8504.40.4000

Product specific

Speed drive controllers for electric motors, each such controller measuring 100 mm or more but not over 130 mm in length, 40 mm or more but not over 125 mm in width and 24 mm or more but not over 85 mm in height (described in statistical reporting number 8504.40.4000)

8529.90.9900

Product specific

Projector parts (described in statistical reporting number 8529.90.9900)

9018.19.9560

Product specific

Disposable surface electrodes for intra-operative neuromonitoring (“IONM”) systems, each composed of a surface electrode pad, an insulated wire, and a standard DIN 42802 connector (described in statistical reporting number 9018.19.9560)

List 1 ($34 billion) Extension Comments for Exclusions Granted September 2019

On June 3 the USTR published instructions (85 FR 34274) for comments to extend the exclusions granted in September 2019. These exclusions were retroactive to July 6, 2018 and are set to expire September 20, 2020. These 310 exclusions were originally published in 84 FR 49564 of September 20, 2019.

On June 8, 2020 at 12:01 am ET the public docket on the web portal at will open at https://comments.USTR.gov. Comments must be submitted by July 7, 2020 11:59 pm ET.

List 3 ($2 billion) Extension Comments for Exclusions Granted

On June 3 the USTR published instructions (85 FR 34279) for comments to extend the exclusions granted in September 2019. These exclusions were retroactive to September 24, 2018 and are set to expire August 7, 2020. Comments for exclusions granted in the following Federal Registers are 85 FR 23122 (April 24, 2020), 85 FR 27489 (May 8, 2020), 85 FR 32094 (May 28, 2020) are due by July 7, 2020.

The portal will open on June 8, 2020 at 12:01 am ET at https://comments.USTR.go for parties to submit comments on the possible extension of particular exclusions and close July 7, 2020 11:59 pm ET.

 

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.

Reminder in order to recover duties if the entries are unliquidated, a PSC needs to be filed; if the entries are liquidated, a protest needs to be filed within 180 days after the liquidation date to protect the right to receive a refund of duties paid.

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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