Section 301 China – Exclusions Added
and Modified; Filing for Sept and
Oct 2019 Exclusion Extensions Instructions

June 25, 2020

On Jun 24, 2020, the USTR announced (85 FR 38001) an additional List 3 exclusion and 5 modifications to previously granted exclusions.

1.         Exclusions Added

HTS #

Heading / Subheading

HTS Description

8903.92.0065

Product Specific

Motorboats with displacement hulls of reinforced fiberglass and wood, each motorboat measuring not less than 14.47m and not more than 36.57m in length and weighing, not less than 28t and not more than 363t, powered by inboard engines, other than inboard/outdrive (described in statistical reporting number 8903.92.0065)
(U.S. Note 20(aaa)(79))

Brokers, filers and imports are instructed to use HTSUS 9903.88.48 for the exclusion.

2.         Exclusion Modifications

The USTR has modified the following HTS language:

HTS #

Heading / Subheading

HTS Description

HTSUS / U.S. Note

8425.19.000

Product Specific

Ratching chain, rope, or cable hoists other than skip hoists or hoists of a kind used for raising motor vehicles, such hoists not powered by an electric motor

9903.84.34
(U.S. Note 20(mm)(30)

4016.99.6050

Product Specific

Parking stops of recycled rubber, each not more than 185cm in length not more than 15.5 cm in width and not more than 10.5 cm in height, weighing not more than 16 kg

9903.88.45
(U.S. Note 20(xx)(17)

8423.81.0030

Product Specific

Retail computing scales, digital with tactile keypad or VGA display, with a maximum weighing capacity of not less than 10 kg but not more than 15.5 kg, measuring not less than 15cm in width by 20cm depth but not more than 41cm in width by 32cm in depth

9903.88.45
(U.S. Note 20(xx)(47)

7325.99.1000

Product Specific

Rail air brake hose couplings ("gladhands")

9903.88.46
(U.S. Note 20(yy)(54)

8302.49.6045

Product Specific

Mountings and brackets for railway air brake systems, each measuring at least 15.2 cm by 7.6 cm by 114 cm and not more than 42cm by 34cm by 115cm and weighting at least 4kg and more than 22kg conforming to the Association of American Railroads (“AAR”) specifications S-475, M-201 and S-401

9903.88.46
(U.S. Note 20(yy)(65)

3.  List 2 ($16 billion) Extension Comments for Exclusions Granted September 2019

On June 25, 2020 the USTR published instructions (85 FR 38237) for comments to extend the exclusions granted in September 2019. These exclusions were retroactive to August 23, 2018 and are set to expire September 20, 2020. These 89 exclusions were originally published in 84 FR 49600 of September 20, 2019, and are exempt under HTS 9903.88.17.

On July 1, 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 30, 2020 11:59 pm ET.

4.  List 2 ($16 billion) Extension Comments for Exclusions Granted October 2019

On June 25, 2020 the USTR published instructions (85 FR 38143) for comments to extend the exclusions granted in September 2019.  These exclusions were retroactive to August 23, 2018 and are set to expire October 2, 2020.  Comments for exclusions were granted in the Federal Registers of October 2, 2019 (84 FR 52553).  These 111 exclusions are exempt under HTSUS 9903.88.20.

On July 1, 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 30, 2020 11:59 pm ET.

5.  List 4 ($300 billion) Extension Comments for Exclusions Granted March-June 2020

On June 25, 2020, the USTR pre-published notice (official notice to be published in the June 26, 2020 Federal register) of instructions to request extension exclusions granted on the following Federal Registers:

  • 85 FR 13970 (March 10, 2020) 8 exclusions; utilizes HTS 9903.88.39
  • 85 FR 15244 (March 17, 2020) 19 exclusions; utilizes HTS 9903.88.42
  • 85 FR 17936 (March 31, 2020) 12 exclusions; utilizes HTS 9903.88.44
  • 85 FR 28693 (May 13, 2020) 8 exclusions; utilizes HTS 9903.88.47
  • 85 FR 35975 (June 12, 2020) 34 exclusions; utilizes HTS 9903.88.49

On July 1, 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 30, 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.

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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