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USTR AMENDS THE SCOPE OF TWO CHINA 301 EXCLUSIONS

The Office of the U.S. Trade Representative (“USTR”) has issued two notices, each amending the scope of an existing China 301 exclusion.

In its first notice involving an exclusion issued under China 301 List 1 (the $34 billion trade action), the USTR has amended the exclusion (within U.S. note 20(x)(21) to subchapter III of chapter 99 HTSUS) covering “Tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 2.9 m3 but under 3.8 m3, engine of 168 kW to 180 kW, operating weight of 19.1 t (42,000 lbs.) (described in statistical reporting number 8429.51.1035)” to now cover “Tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 2.9 m3 but under 3.8 m3, engine of 168 kW to 180 kW, operating weight of at least 19 t but no more than-19.2 t (at least 41,887 lbs.- but not more than 42,329 lbs.) (described in statistical reporting number 8429.51.1035).”

In its second notice involving an exclusion issued under China 301 List 2 (the $16 billion trade action), the USTR has amended the exclusion (within U.S. note 20(o)(63) to subchapter III of chapter 99, HTS) covering “Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 effective July 1, 2020)” to now cover “Digital clinical thermometers (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 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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