On November 17, 2020, the Office of the U.S. Trade Representative (“USTR”) has issued notices amending the scope of an existing China 301 List 2 exclusion (the $16 billion tariff action) and a corresponding extension of such exclusion.

In its first notice, the USTR has amended the exclusion (within U.S. note 20(o)(14) to subchapter III of chapter 99 of the HTSUS) covering “Gasoline or liquid propane (LP) engines each having a displacement of more than 2 liters but not more than 2.5 liters (described in statistical reporting number 8407.90.9010)” to now cover “Gas (natural or liquid propane (LP)) engines each having a displacement of more than 2 liters but not more than 2.5 liters (described in statistical reporting number 8407.90.9010).”  In its second notice, a corresponding amendment has been made to the extension of this exclusion (within U.S. 20(ggg)(4)).  This extended exclusion remains available through December 31, 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.