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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED TO SEC. 301 LIST 1 PRODUCTS AND TECHNICAL AMENDMENTS TO NUMEROUS PREVIOUS EXCLUSIONS

On February 10, 2020, the U.S. Trade Representative (“USTR”) announced that 4 additional HTS provisions and product descriptions 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 1 (the $34 billion trade action) which, unless excluded, are 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 July 6, 2018 (the date when the China 301 List 1 additional tariffs took effect) and are slated to remain in effect through October 1, 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.

February 10, 2020 – Newly Excluded Items from China 301 List 1

(1) Centrifugal pumps, submersible, designed for use in artificial lift systems for extracting oil and gas (described in statistical reporting number 8413.70.2004)

(2) Pistons and housings for hydraulic fluid power pumps of the type used in power lawn mowers (described in statistical reporting number 8413.91.9050 prior to January 1, 2019; described in statistical reporting number 8413.91.9060 effective January 1, 2019)

(3) Furnace roll end-shafts of steel (described in statistical reporting number 8417.90.0000)

(4) Multi-phase AC motors of an output of at least 5.8 kW but not exceeding 14.92 kW, each assembled with planetary gears and a gearbox (described in statistical reporting number 8501.52.4000)

 

Separately, technical amendments have been made to the below 29 existing List 1 exclusions. These amendments are retroactive to July 6, 2018 and do not extend the effective period of the underlying exclusions.

 

 

Original Language Amended Language
Impeller housings of cast iron (whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other), prior to January 1, 2019 or described in statistical reporting number 8413.91.9095, post January 1, 2019)

 

Impeller housings of cast iron (whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other), prior to January 1, 2019 described in statistical reporting number 8413.91.9095, January 1, 2019, through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Impellers of plastic designed for centrifugal pumps, each of the foregoing with outside diameter of 73 mm or more but not more than 74 mm (whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other) prior to January 1, 2019 or described in statistical reporting number 8413.91.9095, post January 1, 2019)

 

Impellers of plastic designed for centrifugal pumps, each of the foregoing with outside diameter of 73 mm or more but not more than 74 mm (whether described in statistical reporting number 8413.91.9080 (parts of pumps for liquids, other) prior to January 1, 2019 described in statistical reporting number 8413.91.9095, January 1, 2019, through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Hydraulic pump positioning piston assemblies (described in statistical reporting number 8413.91.9060) Hydraulic pump positioning piston assemblies (described in statistical reporting number 8413.91.9050 prior to January 1, 2019; described in statistical reporting number 8413.91.9060 effective January 1, 2019)
Plastic reservoirs for motor vehicle brake master cylinders (described in statistical reporting number 8413.91.9060)

 

Plastic reservoirs for motor vehicle brake master cylinders (described in statistical reporting number 8413.91.9050 prior to January 1, 2019; described in statistical reporting number 8413.91.9060 effective January 1, 2019)
Airend assemblies, inlet guide vanes, air-ends, compressor baseplates and backplates (described in statistical reporting number 8414.90.4190)

 

Airend assemblies, inlet guide vanes, air-ends, compressor baseplates and backplates (described in statistical reporting number 8414.90.4175 prior to July 1, 2018; described in statistical reporting number 8414.90.4190 effective July 1, 2018)
Self-propelled fork-lift and platform trucks, each powered by an electric motor and controlled by walking operator (described in statistical reporting number 8427.10.8070 and 8427.10.8095

 

Self-propelled fork-lift and platform trucks, each powered by an electric motor and controlled by walking operator (described in statistical reporting number 8427.10.8090 prior to July 1, 2019; described in statistical reporting number 8427.10.8070 or 8427.10.8095 effective July 1, 2019
Impellers (described in statistical reporting number 8413.91.9095)

 

 

 

 

Impellers (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020))
Parts of oil and gas extraction beam pumps, other than hydraulic power pumps (described in statistical reporting number 8413.91.9095)

 

 

 

Parts of oil and gas extraction beam pumps, other than hydraulic power pumps (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting numbers 8413.91.9065, 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pedestals of pump assemblies (described in statistical reporting number 8413.91.9095)

 

 

 

Pedestals of pump assemblies (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump bases, of plastic, designed to protect the pump impellers from obstructions (described in statistical reporting number 8413.91.9095)

 

 

Pump bases, of plastic, designed to protect the pump impellers from obstructions (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump casings and bodies (described in statistical reporting number 8413.91.9095)

 

 

 

Pump casings and bodies (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump covers (described in statistical reporting number 8413.91.9095)

 

 

 

Pump covers (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump expellers (described in statistical reporting number 8413.91.9095)

 

 

 

Pump expellers (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump grease cups and grease cup adapters (described in statistical reporting number 8413.91.9095)

 

 

Pump grease cups and grease cup adapters (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump liners (described in statistical reporting number 8413.91.9095)

 

 

 

Pump liners (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020 )
Pump manifolds (described in statistical reporting number 8413.91.9095)

 

 

 

Pump manifolds (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump parts, of plastics, each valued not over $3 (described in statistical reporting number 8413.91.9095)

 

 

 

Pump parts, of plastics, each valued not over $3 (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump shaft castings, of steel (described in statistical reporting number 8413.91.9095)

 

 

 

Pump shaft castings, of steel (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump throatbushes (described in statistical reporting number 8413.91.9095)

 

 

 

Pump throatbushes (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump volutes (described in statistical reporting number 8413.91.9095)

 

 

 

Pump volutes (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Structural pump bases, of stainless steel (described in statistical reporting number 8413.91.9095)

 

 

Structural pump bases, of stainless steel (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Fork-lift trucks, propane gas powered, having a rated lift capacity over 9.5 metric tons but not exceeding 33 metric tons (described in statistical reporting number 8427.20.8090)

 

Fork-lift trucks, propane gas powered, having a rated lift capacity over 9.5 metric tons but not exceeding 33 metric tons “(described in statistical reporting number 8427.20.8000 prior to July 1, 2019; described in statistical reporting number 8427.20.8090 effective July 1, 2019)
Parts of pumps, other than fuel-injection pumps for compression-ignition engines or stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard, the foregoing of plastics (described in statistical reporting number 8413.91.9095)

 

 

Parts of pumps, other than fuel-injection pumps for compression-ignition engines or stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard, the foregoing of plastics (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Rods and couplings designed for use with oil and gas field pumps, the foregoing of American Petroleum Institute grade (described in statistical reporting number 8413.91.9095)

 

 

 

Rods and couplings designed for use with oil and gas field pumps, the foregoing of American Petroleum Institute grade (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting numbers 8413.91.9065, 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Volutes of a kind designed for use with centrifugal sump pumps (described in statistical reporting number 8413.91.9095)

 

 

 

Volutes of a kind designed for use with centrifugal sump pumps (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9096 effective January 1, 2020)
Operator riding self-propelled aerial work platforms of a kind described in statistical note 1 to chapter 84, powered by an electric motor, with a load capacity not exceeding 1,400 kg (described in statistical reporting number 8427.10.8020)

 

 

 

Operator riding self-propelled aerial work platforms of a kind described in statistical note 1 to chapter 84 effective July 1, 2019, to December 31, 2019, or in statistical note 2 to chapter 84 effective January 1, 2020, powered by an electric motor, with a load capacity not exceeding 1,400 kg (described in statistical reporting number 8427.10.8010 prior to July 1, 2019; described in statistical reporting number 8427.10.8020 effective July 1, 2019)
Contactors, for a voltage not exceeding 60 V and with contacts rated at or more than 10 A, each valued not over $18 (described in statistical reporting number 8536.41.0045) Contactors, for a voltage not exceeding 60 V and with contacts rated at or more than 10 A, each valued not over $39 (described in statistical reporting number 8536.41.0045)
Cold-chamber die casting machines having a maximum casting volume of 52.78 m3 [cubic meters], a die height of 0.4 m or more but not exceeding 1 m, and a maximum die locking force of 8,400 kN (described in statistical reporting number 8454.30.0010) Die casting machines with casting volume not to exceed 5,278 cm3, die height of not less than 360 mm but not more than 1,000 mm, and die locking force of not less than 6,600 kN but not more than 8,400 kN. (described in statistical reporting number 8454.30.0010)
Electric motors, AC, permanent split capacitor type, with a height of 97.5 mm or more but not exceeding 127.0 mm and a length of 82.8 mm or more but not exceeding 226.0 mm, with an output of 8.9 kW or more but not exceeding 12 kW, 60 hertz (described in statistical reporting number 8501.10.4020) Electric motors, AC, permanent split capacitor type, with a height of 97.5 mm or more but not exceeding 127.0 mm and a length of 82.8 mm or more but not exceeding 226.0 mm, with an output of 12 W or more but not exceeding 16 W, 60 hertz (described in statistical reporting number 8501.10.4020)

 

 

PRIOR NOTICES GRANTING CHINA SECTION 301 EXCLUSIONS

Links to the prior notices granting China 301 exclusions appears below:

 

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

Exclusions Granted February 10, 2020 (https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-02684.pdf?utm_campaign=pi+subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email)

 

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 7, 2019

Exclusions Granted November 29, 2019

Exclusions Granted December 17, 2019

Exclusions Granted December 31, 2019

Exclusions Granted January 31, 2020

 

 

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