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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSION GRANTED / MODIFICATIONS ON SEC. 301 LIST 3 PRODUCTS

On June 23, 2020, the U.S. Trade Representative (“USTR”) announced that an additional item will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. In addition the scope of five existing exclusions is being modified.  The newly announced exclusion / modifications all relate to items on China 301 List 3 (which is part of the $200 billion trade action) which, unless excluded, are currently subject to an additional tariff of 25% ad valorem.  The list of newly-excluded items (which supplements the exclusions previously granted by the USTR) is provided below. The exclusions will be retroactive to September 24, 2018 (the date when the China 301 List 3 additional tariffs took effect) and are slated to remain in effect through August 7, 2020.  Any claims for duty refunds require affirmative action on the part of importers in the form of post-entry corrections or protests (depending upon the liquidation status of the underlying entries).  CBP has also entertained requests to extend the liquidation of entries to allow additional time for the filing of corrections.

Significantly, China 301 exclusions are product-specific, not company-specific.  Thus, if a product is described by an exclusion, the importer may benefit regardless of who filed for the exclusion.  Information as to previously excluded items can be accessed at the end of this notice.

If your business is interested in seeking a refund of past duties paid under Section 301, and/or discussing Section 301 mitigation strategies, please contact our office and speak with one of our attorneys.

June 23, 2020 Newly Excluded Item from China 301 List 3 (New U.S. note 20(aaa)(9903.88.48)

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

June 23, 2020 Modifications to Existing China 301 List 3 Exclusions

Separately, technical amendments have been made to the below 3 existing List 3 exclusions.  These amendments are retroactive to September 24, 2018.

Original Language Amended Language
Ratcheting chain hoists, other than skip hoists or hoists of a kind used for raising motor vehicles, such chain hoists not powered by an electric motor (described in statistical reporting number 8425.19.0000) Ratcheting 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 (described in statistical reporting number 8425.19.0000)
Parking stops of recycled rubber, each measuring not more than 123 cm 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 (described in statistical reporting number 4016.99.6050) Parking stops of recycled rubber, each measuring  not more than 185 cm 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 (described in statistical reporting number 4016.99.6050)
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 15 cm in width by 21 cm depth but not more than 41 cm in width by 25 cm in depth (described in statistical reporting number 8423.81.0030) 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 15 cm in width by 20 cm depth but not more than 41 cm in width by 32 cm in depth (described in statistical reporting number 8423.81.0030)
Rail air brake hose couplings (“gladhands”), each measuring at least 610.1 cm by 10.1 cm by 10.1 cm but not more than 16.6 cm by 7.7 cm by 10.2 cm and weighing at least 0.4 kg but not more than 1.4 kg, conforming to Association of American Railroads (“AAR”) specifications S-491, M-601 and RP-5595 (described in statistical reporting number 7325.99.1000) Rail air brake hose couplings (“gladhands”) (described in statistical reporting number 7325.99.1000)

 

 

 

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 25.4 cm by 15.3 cm by 17.8 cm and weighing at least 9 kg and not more than 20.5 kg, conforming to the Association of American Railroads (“AAR”) specifications S-475, M-201 and S-401 (described in statistical reporting number 8302.49.6045) 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 42 cm by 34 cm by 115 cm and weighing at least 4 kg and not more than 22 kg, conforming to the Association of American Railroads (“AAR”) specifications S-475, M-201 and S-401 (described in statistical reporting number 8302.49.6045)

PRIOR NOTICES GRANTING CHINA SECTION 301 EXCLUSIONS

Links to the prior notices granting China 301 exclusions appears below (please note, some prior exclusions may have expired, been extended, or amended):

CHINA 301 LIST 1

Exclusions Granted December 28, 2018

Exclusions Granted March 25, 2019 

Exclusions Granted April 18, 2019

Exclusions Granted May 14, 2019

Exclusions Granted June 4, 2019

Exclusions Granted July 9, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 2, 2019

Exclusion Granted December 17, 2019 and Amendments to Exclusions Granted July 9, 2019 and September 20, 2019

Exclusions Granted February 11, 2020

CHINA 301 LIST 2

Exclusions Granted July 31, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 2, 2019

CHINA 301 LIST 3

Exclusions Granted August 7, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 28, 2019 

Exclusions Granted November 13, 2019

Exclusions Granted November 29, 2019

Exclusions Granted December 17, 2019

Exclusions Granted January 6, 2020

Exclusions Granted February 5, 2020

Exclusions Granted February 20, 2020

Exclusions Granted March 16, 2020

Exclusions Granted March 26, 2020

Exclusions Granted April 24, 2020

Exclusions Granted May 8, 2020

Exclusions Granted May 21, 2020

Exclusions Granted June 19, 2020

CHINA 301 LIST 4

Exclusions Granted March 10, 2020

Exclusions Granted March 17, 2020

Exclusions Granted March 31, 2020

Exclusions Granted May 13, 2020

Amendments to Exclusions May 26, 2020

Exclusions Granted June 8, 2020

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