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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS AND MODIFICATIONS OF EXISTING EXCLUSIONS

On July 9, 2020, the U.S. Trade Representative (“USTR”) announced that an additional 61 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 through September 1, 2020. In addition, the scope of 27 existing exclusions is being modified.

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.

July 9, 2020 – Newly Excluded Items from China 301 List 4 (New U.S. note 20(ddd)(9903.88.51)

1) Cynomolgus macaques (Macaca fascicularis) (also known as crab-eating macaques or long-tailed macaques) and rhesus macaques (Macaca mulatta), captive bred for research (described in statistical reporting number 0106.11.0000)

2) Feathers of a kind used for stuffing, of ducks or geese, not further worked than cleaned, disinfected or treated for preservation, the foregoing other than feathers meeting both test standards 4 and 10.1 of Federal Standard 148a promulgated by the General Services Administration (described in statistical reporting number 0505.10.0060)

3) Baby bottle nipples of silicone plastics, whether or not presented with closure rings for attaching to bottles (described in statistical reporting number 3924.90.0500)

4) Compressive eye masks of blended cotton and spandex fabric, containing low density polyethylene beads, of a kind used for mitigating migraine headaches or eyestrain (described in statistical reporting number 3924.90.5650)

5) Shower heads of plastics, designed to be fixed, hand-held, height-adjustable or combinations thereof, and parts of such shower heads (described in statistical reporting number 3924.90.5650)

6) A-Frame or sandwich board signs of plastics, which can be folded flat for storage and do not contain printed matter (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)

7) Brackets of plastics, suitable for mounting on a vertical surface, each measuring at least 90 mm but not more than 200 mm in height, at least 32 mm but not more than 80 mm in width and at least 64 mm but not more than 80 mm in depth (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)

8) Covers of plastics for battery compartments in combination weather sensors, each cover measuring not more than 90 mm in height by not more than 140 mm in width and valued over $0.60 but not over $0.70 per piece (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)

9) Tapered sound-dampening earplugs, each consisting of two plugs of foamed plastics connected by a plastic cord, each plug measuring not more than 3 cm in length and not more than 2 cm in diameter, presented with a carrying case of plastics measuring not more than 6.5 cm in length and not more than 4.5 cm in width (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)

10) Wallpaper, other than described in subheading 4814.20.00, with floral, landscape, figure or abstract designs or solid backgrounds painted by hand, whether or not with applications of metal leaf (described in statistical reporting number 4814.90.0200)

11) Printed art and pictorial books, valued under $5 each, hardbound, each with silver foil cover and a depiction of the main character on the cover and silver foil and embossing on the dust jacket, with dimensions of at least 13.5 cm but not more than 14.5 cm in length by at least 21 cm but not more than 22 cm in height by at least 2 cm but not more than 3 cm in width and weighing at least 500 g but not more than 600 g (described in statistical reporting number 4901.99.0060)

12) Printed art and pictorial books, each valued at least $5 but not more than $17, each measuring at least 22 cm but not more than 39 cm in height and at least 14 cm but not more than 32 cm in width, weighing not more than 3 kg, with die-cut or tipped-in extra pages and bound with foil stamping or with silkscreen on the cover stock (described in statistical reporting number 4901.99.0065)

13) Dust covers of knitted polyester fabric, designed for bed mattresses and pillows (described in statistical reporting number 6302.10.0020)

14) Pillow covers, not knitted or crocheted, of woven fabrics in chief weight of cotton, with a thread count of at least 1,450/cm2 but not more than 3,900/cm2, each measuring at least 44 cm but not more than 57 cm in width and at least 62 cm but not more than 139 cm in length, incorporating a zippered opening (described in statistical reporting number 6304.92.0000)

15) Comforter shells of fabric in chief weight of polyester, each measuring at least 171 cm but not more than 202 cm in width and at least 227 cm but not more than 230 cm in length, weighing not more than 90 g/m2, with an opening on one side (described in statistical reporting number 6307.90.9889)

16) Fabric shells for backrests in chief weight of polyester fabric (described in statistical reporting number 6307.90.9889)

17) Fabric shells for cushions in chief weight of polyester fiber, designed for use with seats of heading 9401 (other than seats for aircraft or motor vehicles) (described in statistical reporting number 6307.90.9889)

18) Shells for life jackets of manmade fibers (described in statistical reporting number 6307.90.9889)

19) Shells for pillows and comforters of microfiber fabric (described in statistical reporting number 6307.90.9889)

20) Athletic, recreational and sporting headgear comprising shells of polyvinyl chloride, polycarbonate plastic or acrylonitrile butadiene styrene, each with an inner liner of expanded polypropylene or expanded polystyrene, designed for use with bicycles (described in statistical reporting number 6506.10.6045)

21) Bright C1060 galvanized round wire, containing by weight 0.6 percent or more of carbon, measuring at least 0.034 mm but not more than 0.044 mm in diameter (described in statistical reporting number 7217.20.4530)

22) Bars and rods of high speed steel, not cold formed, of circular cross-section, in lengths of at least 10 cm but not more than 50 cm (described in statistical reporting number 7228.10.0010)

23) Seamless tubes, of circular cross-section, of 304L stainless steel, cold-rolled, with an external diameter of not more than 21.1 mm, with the thickness of the tube wall not more than 2.9 mm, each tube measuring at least 2,964 mm but not more than 6,350 mm in length (described in statistical reporting number 7304.41.6045)

24) Razors of stainless steel, each measuring at least 11 cm but not more than 13 cm in length, weighing not more than 100 g, having a single edge (described in statistical reporting number 8212.10.0000)

25) Sewing machines of the household type, each weighing not more than 22.5 kg, having a touch screen control, a sewing light, a presser foot lifter and an automatic needle threader (described in statistical reporting number 8452.10.0090)

26) Gasoline-powered earth-drilling power augers, each weighing not more than 16 kg, having a gasoline engine of a cylinder displacement not more than 55 cc and an output shaft connectable to an auger bit, whether or not presented with one or more auger bits (described in statistical reporting number 8467.89.5060)

27) Gasoline powered or propane-powered engines of a cylinder displacement not more than 80 cc, each machine including a fitted auger bit specially designed for cutting through ice covers of bodies of water (described in statistical reporting number 8467.89.5090)

28) Parts of hand-operated faucets, of copper, each weighing not more than 5 kg (described in statistical reporting number 8481.90.1000)

29) Parts of backflow preventer valves of iron or steel, including valve bodies (described in statistical reporting number 8481.90.3000)

30) Digital trail cameras able to capture and record still and moving images in visible light, each with an infrared sensor and lens, whether or not with light emitting diode (“LED”) lights, modem, antenna and control board, housed in a case of plastics, measuring not more than 16 cm in width, not more than 21 cm in length and not more than 13 cm in thickness (described in statistical reporting number 8525.80.4000)

31) Kits, each containing protective eyeglasses and ear protective devices (described in statistical reporting number 9004.90.0000)

32) Non-prescription spectacles, other than sunglasses (described in statistical reporting number 9004.90.0000)

33) Prism binoculars, other than for use with infrared light, comprising a plastic, aluminum or magnesium alloy body with a rubber jacket, with magnification ranging from at least 4X but not more than 22X and aperture ranging from at least 21 mm but not more than 56 mm (described in statistical reporting number 9005.10.0040)

34) Rotary microtomes (described in statistical reporting number 9027.90.2000)

35) Acoustic upright pianos, other than used, containing a case measuring less than 111.76 cm in height (described in statistical reporting number 9201.10.0011)

36) Acoustic upright pianos (other than used), each containing a case measuring 111.76 cm or more, but less than 121.92 cm in height (described in statistical reporting number 9201.10.0021)

37) Acoustic upright pianos (other than used), each containing a case measuring 121.92 cm or more but less than 129.54 in height (described in statistical reporting number 9201.10.0031)

38) Acoustic upright pianos (other than used), each containing a case measuring 129.54 cm or more in height (described in statistical reporting number 9201.10.0041)

39) Acoustic grand pianos (other than used), each containing a case measuring 152.4 cm or more but less than 167.64 cm in length (described in statistical reporting number 9201.20.0021)

40) Acoustic grand pianos (other than used), each containing a case measuring 167.64 cm or more but less than 180.34 cm in length (described in statistical reporting number 9201.20.0031)

41) Acoustic grand pianos (other than used), each containing a case measuring 180.34 cm or more but less than 195.58 cm in length (described in statistical reporting number 9201.20.0041)

42) Acoustic grand pianos (other than used), each containing a case measuring 195.58 cm or more in length (described in statistical reporting number 9201.20.0051)

43) Acoustic guitars, each with a soundboard measuring at least 2 mm but not over 4 mm in thickness, valued not over $100, excluding the value of the case (described in statistical reporting number 9202.90.2000)

44) Harp sharping levers of steel (described in statistical reporting number 9209.92.8000)

45) Parts of a kind used for adjusting motor vehicle seats, consisting of cables of steel in cable housings of plastics (described in statistical reporting number 9401.90.1085)

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

47) Pillow shells of cotton, each filled with goose or duck down (described in statistical reporting number 9404.90.1000)

48) Quilted pillow shells of cotton (described in statistical reporting number 9404.90.1000)

49) Quilted pillow shells of man-made fibers (described in statistical reporting number 9404.90.2000)

50) Parts and accessories for the exercise machines of subheading 9506.91 (described in statistical reporting number 9506.91.0030)

51) Arrowheads of metal (described in statistical reporting number 9506.99.0520)

52) Spinning, spincast or baitcast fishing reels, valued over $8.45 each (described in statistical reporting number 9507.30.6000)

53) Paintings, drawings or pastels, each executed entirely by hand (the foregoing other than drawings of heading 4906 and other than hand-painted or hand decorated manufactured articles), each measuring not more than 300 cm by not more than 2,000 cm (described in statistical reporting number 9701.10.0000)

54) Collages and similar decorative plaques, whether or not framed (described in statistical reporting number 9701.90.0000)

55) Original engravings, prints and lithographs, framed or not framed (described in statistical reporting number 9702.00.0000)

56) Original sculptures and statuary, in any material (described in statistical reporting number 9703.00.0000)

57) Postage stamps (described in statistical reporting number 9704.00.0000)

58) Collections and collectors’ pieces of historical interest, the foregoing other than numismatic coins, archaeological pieces or ethnographic pieces (described in statistical reporting number 9705.00.0085)

59) Collectors’ pieces of mineralogical interest (described in statistical reporting number 9705.00.0085)

60) Antique silverware of an age exceeding one hundred years (described in statistical reporting number 9706.00.0020)

61) Antique furniture of an age exceeding one hundred years (described in statistical reporting number 9706.00.0040)

July 9, 2020 Modifications to Existing China 301 List 4 Exclusions

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

Original Language Amended Language
4015.19.0550 4818.90.0000” and inserting “4818.90.0000 prior to July 1, 2020; 4818.90.0020 or 4818.90.0080 effective July 1, 2020
Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990) Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (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)
Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990) Disposable graduated medicine dispensing cups 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)
Pads of foam plastics, with hook and loop fastener straps, integrated arm protectors, and accessory headrest, body straps, lift sheets, hand grips and face masks, of a kind used for positioning patients during medical procedures (described in statistical reporting number 3926.90.9990) Pads of foam plastics, with hook and loop fastener straps, integrated arm protectors, and accessory headrest, body straps, lift sheets, hand grips and face masks, of a kind used for positioning patients during medical procedures (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9950 effective July 1, 2020)
Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990) Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (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)
Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990) Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (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)
Cold packs consisting of a single-use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining (described in statistical reporting number 6307.90.9889) Cold packs consisting of a single-use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889) Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Eye compresses, each consisting of a fabric cover filled with silica or gel beads, with or without a hook-and-loop fastener strap (described in statistical reporting number 6307.90.9889) Eye compresses, each consisting of a fabric cover filled with silica or gel beads, with or without a hook-and-loop fastener strap (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Face masks, and particulate face piece respirators, of textile fabrics (described in statistical reporting number 6307.90.9889) Face masks, and particulate face piece respirators, of textile fabrics (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9845, 6307.90.9850, 6307.90.9870, or 6307.90.9875 effective July 1, 2020)
Gel pads of textile materials, each with removable fabric sleeves, in the shape of hearts, circles or quadrants (described in statistical reporting number 6307.90.9889) Gel pads of textile materials, each with removable fabric sleeves, in the shape of hearts, circles or quadrants (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889) Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889) Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889)” and inserting (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889) Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889) Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889) Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9845, 6307.90.9850, or 6307.90.9870 effective July 1, 2020)
Single-use stethoscope covers (described in statistical reporting number 6307.90.9889) Single-use stethoscope covers (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Woven gauze sponges of cotton in square or rectangular sizes (described in statistical reporting number 6307.90.9889) Woven gauze sponges of cotton in square or rectangular sizes(described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (described in statistical reporting number 3926.90.9990) Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (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)
Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (described in statistical reporting number 3926.90.9990) Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (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)
Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (described in statistical reporting number 3926.90.9990) Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (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)
Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (described in statistical reporting number 3926.90.9990) Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (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)
Ice bags of textile materials, for treating injuries or soreness, each refillable (described in statistical reporting number 6307.90.9889) Ice bags of textile materials, for treating injuries or soreness, each refillable (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Identification wristbands of textile materials, each with a blank panel (described in statistical reporting number 6307.90.9889) Identification wristbands of textile materials, each with a blank panel (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Disposable identification wristbands of plastics, designed to be worn by patients during medical procedures, each consisting of a plastics strip with an integrated window for inserting paper with relevant patient identification information, such bracelets measuring 0.95 cm or more but not more than 3.2 cm in width and having a secure closure (described in statistical reporting number 3926.90.9990) Disposable identification wristbands of plastics, designed to be worn by patients during medical procedures, each consisting of a plastics strip with an integrated window for inserting paper with relevant patient identification information, such bracelets measuring 0.95 cm or more but not more than 3.2 cm in width and having a secure closure (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)
Fittings of plastics, of a kind used to connect mop heads with mop handles (described in statistical reporting number 3926.90.9990) Fittings of plastics, of a kind used to connect mop heads with mop handles (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)
Shells for pillows and comforters made from microfiber fabric consisting of filament yarns not more than 1.22decitex, 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) Shells for pillows and comforters made from microfiber fabric consisting of filament yarns not more than 1.22decitex, 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 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

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

Exclusions Granted July 7, 2020

 

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