Section 301 China – Exclusions Extended,
Granted and Comments for Extensions Changes
August 12, 2020
1. List 4 ($34 billion) Exclusions Granted August 10, 2020 – Expiring September 1, 2020
2. List 4 ($300 Billion) Request for Comments to Extend Exclusions Expiring September 1, 2020
3. List 1 ($34 Billion) Call for Comment on Exclusions Expiring October 2020
4. List 3 ($2 Billion) Exclusions Expired August 7, 2020
5. Exclusion List Updated as of August 12, 2020
1. List 4 ($34 billion) Exclusions Granted August 10, 2020 – Expiring September 1, 2020
On August 11, 2020 the USTR published a list of the following ten exclusions for List 4 in 85 FR 48627. These exclusions contain one heading and nine product-specific designations and are valid from September 1, 2019 to September 1, 2020.
Importers, brokers and other filers should use Chapter 99, HTS 9903.88.55.
HTS # |
Designation |
Description |
U.S. Note Designation |
3926.90.9990; 3926.90.9985 |
Product specific |
Doorway dust barrier kits, each comprising a sheet of plastics measuring not more than 0.15mm in thickness, at least 1.2 m but not more than 1.6m in width and at least 2.1m but not more than 2.6m in length, with two parallel slide fasteners extending the full length of the sheet, two metal flap hooks and a roll of tape with adhesive on both sides for securing the sheet to a doorway, such kits put up for retail sale (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020) |
U.S. Note 20(hhh)002 |
3926.90.9990; 3926.90.9985 |
Product specific |
Heads, plates, grip disks, slide clamps, foot plugs and other parts of plastics, of a kind used in temporary dust barrier systems for interior construction (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020) |
U.S. Note 20(hhh)003 |
3926.90.9990; 3926.90.9985 |
Product specific |
Locking zip tie fasteners of plastics (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020) |
U.S. Note 20(hhh)004 |
7013.99.9000; 7013.99.9010; 7013.99.9090 |
Product specific |
Decorative glassware, each consisting of a rectangular glass box in a brass frame with a hinged top, measuring at least 11.5cm but not more than 21.5cm by at least 16cm but not more than 26.5 cm by at least 3cm but not more than 8cm, weighing at least 500g but not more than 1.5kg, valued over $5 each (described in statistical reporting number 7013.99.9000 prior to July 1, 2020; described in statistical reporting number 7013.99.9010 or 7013.99.9090 effective July 1, 2020) |
U.S. Note 20(hhh)005 |
7013.99.9000; 7013.99.9090 |
Product specific |
Decorative glassware, each consisting of a rectangular glass box in a brass frame with a hinged top, measuring at least 11.5cm but not more than 21.5cm by at least 16cm but not more than 26.5 cm by at least 3cm but not more than 8cm, weighing at least 500g but not more than 1.5kg, valued over $5 each (described in statistical reporting number 7013.99.9000 prior to July 1, 2020; described in statistical reporting number 7013.99.9090 effective July 1, 2020) |
U.S. Note 20(hhh)006 |
8443.32.1050 |
Subheading |
Printers, Thermal Transfer, Capable Of Connecting To An Automatic Data Processing Machine or Network |
U.S. Note 20(hhh)001 |
8471.60.8000 |
Product specific |
Digital optical image scanners with maximum scanning width measuring at least 60cm but not more than 92cm (described in statistical reporting number 8471.60.8000) |
U.S. Note 20(hhh)007 |
9506.99.6080 |
Product specific |
Slingshot apparatus, whether or not electrically powered, of a kind used for outdoor games (described in statistical reporting number 9506.99.6080) |
U.S. Note 20(hhh)008 |
9506.99.6080 |
Product specific |
Swing sets and parts and accessories thereof (described in statistical reporting number 9506.99.6080) |
U.S. Note 20(hhh)009 |
9506.99.6080 |
Product specific |
Trap shooting launchers and parts and accessories thereof (described in statistical reporting number 9506.99.6080) |
U.S. Note 20(hhh)010 |
2. List 4 ($300 Billion) Request for Comments to Extend Exclusions for Expiring September 1, 2020
On August 11, 2020 the USTR (85 FR 48595) published comments to consider a possible extension of ten List 4 exclusions granted on August 5, 2020 (see above).
To file comments, go to the web portal at https://comments.ustr.gov and use Docket Number USTR-2020-0031. Comments must be submitted by August 20, 2020, 11:50pm ET.
3. List 1 ($34 Billion) Call for Comments On Exclusions Expiring October 2020
On August 3, 2020 the USTR (85 FR 46777) published comments to consider a possible extension of exclusions granted in 84 FR 52567 (October 2, 2019); 84 FR 69016 (December 17, 2019, containing amendments to various notes) and 85 FR 7816 (February 11, 2020).
To file comments, go to the web portal at https://comments.ustr.gov. Comments must be submitted by August 30, 2020, 11:50pm ET.
4. List 3 (#2 Billion) Exclusions Extended and Expired August 7, 2020
On August 6, 2020 the USTR published Notice of Extensions for Exclusions Under the $200 Billion Action. Two hundred and sixty-six exclusions were extended until December 31, 2020. (See 85 FR 48600 of Aug 11, 2020.) This equates to roughly 23% of the August 7, 2019 list being extended. Please refer to the UPDATED COMPREHENSIVE EXCLUSION LIST to see which exclusions have been extended and which have been removed.
Importers, brokers and other filers are instructed to use 9903.88.56 to continue the exclusion. These exclusions can be found under U.S. Note 20(iii).
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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