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UPDATE: USTR ANNOUNCES THE MODIFICATION OF VARIOUS CHINA 301 LIST 3 EXCLUSIONS

On July 14, 2020, 2020, the U.S. Trade Representative (“USTR”) announced the modification of 17 China 301 List 3 exclusions as described below:

Original Language Amended Language
Bolts of alloy steel other than stainless steel, with shanks or threads with a diameter of 6 mm or more, valued not over $0.10 per kg (described in statistical reporting number 7318.15.8069) Bolts of alloy steel other than stainless steel, with shanks or threads with a diameter of 6 mm or more, valued not over $0.05 per piece (described in statistical reporting number 7318.15.8069)
Perforated hollow hex head bolts (“banjo bolts”) of steel other than stainless, with shanks or threads with a diameter of 6 mm or more, valued not over $0.10 per kg (described in statistical reporting number 7318.15.8069) Perforated hollow hex head bolts (“banjo bolts”) of steel other than stainless, with shanks or threads with a diameter of 6 mm or more, valued not over $0.07 per piece (described in statistical reporting number 7318.15.8069)
Screen protectors of tempered safety glass, with adhesive on one side, in rectangular sheets having rounded corners, each measuring at least 55 mm by 120 mm but no more than 212 mm by 278 mm and at least 0.51 mm but no more than 0.55 mm in thickness (described in statistical reporting number 7007.19.0000)

 

Screen protectors of tempered safety glass, transparent, cut, and treated, with adhesive on one side, in rectangular sheets, each weighing at least 6 g but not more than 77 g, each measuring not less than 2.8 cm but not more than 28 cm in height, not less than 1.9 cm but not more than 21 cm in width, and not more than 0.1 cm in thickness (described in statistical reporting number 7007.19.0000)
Single-phase AC electric motors, other than gear motors, incorporating permanent split capacitors, each of an output range of 746 W or more but not exceeding 1.13 kW, operating at not less than 115 V of alternating current (VAC) but not more than 250 VAC, capable of operating while submerged in water, each weighing at least 9 kg but not more than 12.5 kg, measuring not more than 10 cm in diameter and at least 25 cm but not exceeding 36 cm in length (described in statistical reporting number 8501.40.6040) Single-phase AC electric motors, other than gear motors, whether or not incorporating permanent split capacitors, each of an output range of 746 W or more but not exceeding 1.13 kW, operating at not less than 115 V of alternating current (VAC) but not more than 250 VAC, capable of operating while submerged in water, each weighing at least 9 kg but not more than 12.5 kg, measuring not more than 10 cm in diameter and at least 25 cm but not exceeding 36 cm in length (described in statistical reporting number 8501.40.6040)
Backpacks of 66.66 tex polyester, without hydration systems, each measuring not more than 57 cm by 44 cm by 11 cm (described in statistical reporting number 4202.92.3120) Backpacks of 66.66 tex polyester, each measuring not more than 57 cm by 44 cm by 11 cm (described in statistical reporting number 4202.92.3120)
DC blowers for use in motor vehicle climate control systems, each measuring no less than 328 mm by 127 mm by 107 mm and no more than 352 mm by 209 mm by 162 mm (described in statistical reporting number 8414.59.6540) DC blowers for use in motor vehicle climate control systems, each measuring no less than 323 mm by 122 mm by 102 mm and no more than 357 mm by 214 mm by 167 mm (described in statistical reporting number 8414.59.6540)
DC centrifugal radial blowers, each measuring not less than 350 mm by 127 mm by 107 mm and not more than 350 mm by 168 mm by 140 mm, of an output of 115 W to 280 W, and weighing at least 1.85 kg and no more than 2.08 kg (described in statistical reporting number 8414.59.6560) DC centrifugal radial blowers, each measuring not less than 345 mm by 122 mm by 102 mm and not more than 355 mm by 173 mm by 145 mm, of an output of 100 W to 285 W, and weighing at least 1.80 kg but no more than 2.72 kg (described in statistical reporting number 8414.59.6560)
Pallet jacks, not self-propelled, each measuring not more than 160 cm by 70 cm, with a load capacity of at least 1,950 kg but not more than 2,500 kg, with 89 mm pump and 11 gauge steel forks (described in statistical reporting number 8427.90.0090) Pallet jacks, not self-propelled, each measuring not more than 160 cm by 70 cm, with a load capacity of at least 1,950 kg but not more than 2,500 kg, with a pump measuring between 89 mm and 105 mm and steel forks with a Gauge Range between 9-12 (described in statistical reporting number 8427.90.0090)
Flange forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel suitable for use in automatic transmission systems for passenger motor vehicles (described in statistical reporting number 8708.99.6890) Flange forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)

 

Hub forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel suitable for use in automatic transmission systems for passenger motor vehicles (described in statistical reporting number 8708.99.6890) Hub forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)

 

Park gear blanks of Society of Automotive Engineers (“SAE”) 1520 carbon steel suitable for use in automatic transmission systems for passenger motor vehicles (described in statistical reporting number 8708.99.6890) Park gear blanks of Society of Automotive Engineers (“SAE”) 1520 carbon steel (described in statistical reporting number 8708.40.7570)

 

Stator shafts of Stahlwerk Annahutte ZF34C grade carbon steel suitable for use in automatic transmission systems for passenger motor vehicles (described in statistical reporting number 8708.99.6890) Stator shafts of Stahlwerk Annahutte ZF34C grade carbon steel (described in statistical reporting number 8708.40.7570)

 

Greaseless cylinders, each measuring at least 7.5 cm but not more than 25.4 cm in height and having a diameter of not more than 5.1 cm (described in statistical reporting number 9401.90.5081) Greaseless cylinders, each measuring at least 7.5 cm but not more than 45 cm in height and having a diameter of not more than 5.1 cm (described in statistical reporting number 9401.90.5081)
Equipment for scaffolding, comprising galvanized steel frames, posts, planks, bay braces, ledgers, components and accessories, for assembly in cuplock configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000) Equipment for scaffolding, comprising galvanized steel frames, posts, planks, bay braces, ledgers, components and accessories, for assembly in ringlock or cuplock configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)
Drinking straws of paper, each measuring 12.5 cm or more but not more than 26.5 cm in length and 5 mm or more but not more than 10 mm in diameter (described in statistical reporting number 4823.90.8600)

 

 

Drinking straws of paper, each measuring 12.5 cm or more but not more than 26.5 cm in length and 5 mm or more but not more than 10 mm in diameter (described in statistical reporting number 4823.90.8600 prior to July 1, 2020; described in statistical reporting number 4823.90.8680 effective July 1, 2020)

 

Square-shaped barrels of stainless steel, each with slatted sides and a maximum capacity of 228 liters (described in statistical reporting number 7310.10.0010)

 

 

 

Square-shaped barrels of stainless steel, each with slatted sides and a maximum capacity of 228 liters (described in statistical reporting number 7310.10.0010) prior to July 1, 2020; described in statistical reporting number 7310.10.0015 effective July 1, 2020)

 

 

Drums and barrels, of stainless steel, presented empty, each with a capacity of at least 50 liters but not more than 60 liters and weighing at least 12 kg but not more than 15 kg (described in statistical reporting number 7310.10.0010)

 

Drums and barrels, of stainless steel, presented empty, each with a capacity of at least 50 liters but not more than 60 liters and weighing at least 12 kg but not more than 15 kg (described in statistical reporting number 7310.10.0010 prior to July 1, 2020; described in statistical reporting number 7310.10.0015 effective July 1, 2020)

If you have any questions as to the scope of a particular exclusion or 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.

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