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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS

On August 6, 2020, the U.S. Trade Representative (“USTR”) announced that an additional 10 items will be excluded from the Section 301 trade remedies imposed on Chinese-origin products.  The newly announced exclusions all relate to items on China 301 List 4A (which is part of the $300 billion trade action) which, unless excluded, are currently subject to an additional tariff of 7.5% 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 1, 2019 (the date when the China 301 List 4A additional tariffs took effect) and are slated to remain in effect only through September 1, 2020. It is possible that the USTR may separately issue a notice seeking comments on the extension of the newly excluded items.

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.

August 6, 2020 – Newly Excluded Items from China 301 List 4 (New U.S. note 20(hhh)(9903.88.55)

1) 8443.32.1050

2) Doorway dust barrier kits, each comprising a sheet of plastics measuring not more than 0.15 mm in thickness, at least 1.2 m but not more than 1.6 m in width and at least 2.1 m but not more than 2.6 m 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)

3) 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)

4) 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)

5) Decorative glassware, each consisting of a rectangular glass box in a brass frame with a hinged top, measuring at least 11.5 cm but not more than 21.5 cm by at least 16 cm but not more than 26.5 cm by at least 3 cm but not more than 8 cm, weighing at least 500 g but not more than 1.5 kg, 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)

6) Decorative glassware, each piece consisting of a blown-glass globe, measuring at least 65 mm but not more than 150 mm in diameter, containing a sculpture, water and artificial snow, with a poured-resin base, weighing at least 800 g but not more than 3 kg, valued over $5 (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)

7) Digital optical image scanners with maximum scanning width measuring at least 60 cm but not more than 92 cm (described in statistical reporting number 8471.60.8000)

8) Slingshot apparatus, whether or not electrically powered, of a kind used for outdoor games (described in statistical reporting number 9506.99.6080)

9) Swing sets and parts and accessories thereof (described in statistical reporting number 9506.99.6080)

10) Trap shooting launchers and parts and accessories thereof (described in statistical reporting number 9506.99.6080)

PRIOR NOTICES GRANTING CHINA SECTION 301 EXCLUSIONS

Links to the prior notices granting China 301 exclusions appears below (please note, some 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

Exclusions Granted February 25, 2020

Exclusions Granted July 10, 2020

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

Exclusions Granted June 8, 2020

Exclusions Granted July 7, 2020

Exclusions Granted July 20, 2020

Exclusions Granted August 5, 2020

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