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USTR ANNOUNCES THE EXTENSION OF CERTAIN EXPIRING CHINA SECTION 301 LIST 1 AND LIST 2 EXCLUSIONS

On September 17, 2020, the Office of the United States Trade Representative (“USTR”) announced extensions for certain expiring exclusions from the China 301 List 1 (the $34 billion trade action) and List 2 tariffs (the $16 billion trade action).

To date, ten sets of exclusions have been issued in connection with List 1. The seventh set of exclusions is scheduled to expire on September 20, 2020.  Three sets of exclusions have been issued in connection with List 2. The second set of exclusions is also scheduled to expire on September 20, 2020.  The USTR has announced that the expiration dates of some such exclusions (see below) will be extended effective with respect to entries on or after September 20, 2020 and through December 31, 2020.  The announced action is consistent with recent statements by the USTR to not grant exclusions / extensions beyond the end of this year.

Unless extended under the current action or prior actions, exclusions will expire on their previously scheduled expiration date.  If you have any questions on the status of any particular China 301 exclusion(s), please contact our office.

Separately, a new challenge has been filed in the US Court of International Trade (CIT) contesting the assessment of China 301 duties on List 3 and List 4 items (more information at: https://www.gdlsk.com/new-legal-challenge-to-list-3-and-4-china-tariffs-immediate-action-required-to-preserve-rights-to-refunds/).

LIST 1 (TRANCHE 7) EXCLUSIONS EXTENDED (9903.88.58/New U.S. Note 20(kkk)

(1) Submersible centrifugal pumps (other than fuel, lubricating or cooling medium pumps for internal combustion piston engines; other than stock pumps imported for use with machines for making cellulosic pulp, paper or paperboard), not fitted or designed to be fitted with a measuring device, the foregoing capable of operating at 3,700 liters or more but not exceeding 41,000 liters per hour (described in statistical reporting number 8413.70.2004)

(2) Tabletop water fountains designed for indoor use, the essential character of which is imparted by submersible centrifugal pumps (described in statistical reporting number 8413.70.2004)

(3) Rotary compressors, each exceeding 746 W but not exceeding 2,238 W, with a cooling capacity ranging from 2.3 kW to 5.5 kW (described in statistical reporting number 8414.30.8060)

(4) Thermal roll laminators, each valued not over $450 (described in statistical reporting number 8420.10.9040)

(5) Cutting pads, platforms, base plates, pads, shims, trays, which function as guides for hand-operated table-top calendering machines of a width not exceeding 51 cm (described in statistical reporting number 8420.99.9000)

(6) Ionization filters valued over $35 but not over $45 each (described in statistical reporting number 8421.21.0000)

(7) Disposable plastic filters of a kind suitable for filtering and dehumidifying a patient’s breath in a medical device such as a gas analyzer (described in statistical reporting number 8421.39.8090)

(8) Parts of swimming pool vacuum cleaners (described in statistical reporting number 8421.99.0040)

(9) 3-member slides with ball bearings, of stainless steel, for use in household dishwashers (described in statistical reporting number 8422.90.0640)

(10) Shovel loaders, each with a bucket capacity of 11.4 m3 to 12 m3, and an operating weight of 30,000 kg or more but not exceeding 36,000 kg (described in statistical reporting number 8429.51.1055)

(11) Animal feeding machinery (described in statistical reporting number 8436.80.0090)

(12) Parts of animal feeding machinery (described in statistical reporting number 8436.99.0090)

(13) Ink cartridges, each weighing more than 1 kg (described in statistical reporting number 8443.99.2010)

(14) Printer maintenance kits consisting of two or more replacement parts for printer units of subheading 8443.32.10 specified in additional U.S. note 2 to chapter 84 (described in statistical reporting number 8443.99.2050)

(15) Horizontal lathes for removing metal, electrically powered, not numerically controlled, each with mill head attachment mounted above the lathe headstock (described in statistical reporting number 8458.19.0020)

(16) New numerically-controlled milling machines capable of end beveling pipe of an outside diameter of 60 cm or more but not exceeding 305 cm (described in statistical reporting number 8459.61.0080)

(17) Press brakes, not numerically controlled, having a drive capacity rating of 3kW (described in statistical reporting number 8462.29.0030)

(18) New hydraulic shearing machines, not numerically controlled, with a power of 7.5 kW, valued at $3,025 or more each (described in statistical reporting number 8462.39.0050)

(19) Tool holders of a kind used to hold various types of metal working tools for use on milling machine spindles (described in statistical reporting number 8466.10.0175)

(20) Modularized plants for the manufacture of lithium hydroxide by functions involving mixing, kneading or stirring (described in statistical reporting number 8479.82.0040)

(21) Ball type angle cock valve bodies, of cast iron, for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)

(22) Valve bodies, of aluminum, of valves for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)

(23) Hydraulic valve parts, other than valve bodies, of valves for oleohydraulic or pneumatic transmissions, each valued not over $5 (described in statistical reporting number 8481.90.9040)

(24) Angular contact ball bearings, not for use with wheel hub bearing units, having an inner diameter of 25 mm or greater but not exceeding 55 mm, an outer diameter of 50 mm or greater but not exceeding 95 mm, a width of 20 mm or greater but not exceeding 35 mm, with single or double row of steel balls and a cage of steel or plastics (described in statistical reporting number 8482.10.5028)

(25) Angular contact ball bearings, not over 40 mm in width, other than wheel hub bearing units (described in statistical reporting number 8482.10.5028)

(26) Electric motors, AC, permanent split capacitor type, not exceeding 16 W (described in statistical reporting number 8501.10.4020)

(27) DC motors, of an output exceeding 37.5 W but not exceeding 74.6 W, valued over $2 but not over $30 each (described in statistical reporting number 8501.31.2000)

(28) AC motors, multi-phase, of rolled steel frame construction (described in statistical reporting number 8501.51.4040)

(29) AC motors, multi-phase, of an output of 186.5 kW or more but not exceeding 373 kW, having a cast iron frame construction (described in statistical reporting number 8501.53.8040)

(30) Dual layer printed circuit board assemblies, each valued over $30 but not over $35 (described in statistical reporting number 8504.90.7500)

(31) Transceivers, 10-meter, not hand-held, for operation in infrequencies of 28.000 to 29.700 MHz (described in statistical reporting number 8525.60.1050)

(32) Limit switches, for a voltage not exceeding 1,000 V, each valued over $19 but not over $32 (described in statistical reporting number 8536.50.9055)

(33) Modular light switches, for a voltage not exceeding 1,000 V, presented in polyethylene terephthalate (PET) housings, designed for use with a backplate (described in statistical reporting number 8536.50.9065)

(34) Switches designed for use in motor vehicles, driver or passenger activated (described in statistical reporting number 8536.50.9065)

(35) Coaxial connectors, for a voltage not exceeding 1,000 V, valued over $0.20 but not over $0.30 each (described in statistical reporting number 8536.69.4010)

(36) Butt splice connectors, for a voltage not exceeding 1,000 V, each valued not over $3 (described in statistical reporting number 8536.90.4000)

(37) Ring terminals, for a voltage not exceeding 1,000 V (described in statistical reporting number 8536.90.4000)

(38) Twist-on wire connectors, for a voltage not exceeding 1,000 V, each valued not over $0.03 (described in statistical reporting number 8536.90.4000)

(39) S-band and X-band linear accelerators designed for use in radiation surgery or radiation therapy equipment (described in statistical reporting number 8543.10.0000)

(40) Four-wheel off-road vehicles, with only spark-ignition internal combustion reciprocating piston engines, of a cylinder capacity not exceeding 1,000 cc, with straddle seat and handlebar control, each with label indicating that vehicle is for operation only by persons at least 16 years of age, each valued not over $5000 (described in statistical reporting number 8703.21.0110)

(41) Works trucks, electrical, operator riding, each of a curb weight exceeding 8,500 kg but not exceeding 9,500 kg (described in statistical reporting number 8709.11.0030)

(42) Depth-sounding apparatus, each valued not over $50 (described in statistical reporting number 9014.80.2000)

(43) Disposable electrocardiograph (ECG) electrodes (described in statistical reporting number 9018.11.9000)

(44) Portable ultrasonic scanner consoles, each weighing less than 4 kg, presented with or without transducer (described in statistical reporting number 9018.12.0000)

(45) Digital peak flow meters suitable for use by medical professionals (described in statistical reporting number 9018.19.9550)

(46) Fingertip pulse oximeters suitable for use by medical professionals (described in statistical reporting number 9018.19.9550)

(47) Bismuth germanate crystals with set dimensional and surface finish requirements and used as a detection element in Positron Emission Tomography (PET) detectors (described in statistical reporting number 9018.19.9560)

(48) Magnetic resonance imaging (“MRI”) patient enclosure devices, each incorporating radio frequency and gradient coils (described in statistical reporting number 9018.19.9560)

(49) Parts and accessories of capnography monitors (described in statistical reporting number 9018.19.9560)

(50) Otoscopes (described in statistical reporting number 9018.90.2000)

(51) Anesthesia masks (described in statistical reporting number 9018.90.3000)

(52) Electrosurgical cautery pencils with electrical connectors (described in statistical reporting number 9018.90.6000)

(53) Printed circuit board assemblies designed for use in displaying operational performance of medical infusion equipment (described in statistical reporting number 9018.90.7580)

(54) X-ray tables (described in statistical reporting number 9022.90.2500)

(55) X-ray tube housings and parts thereof (described in statistical reporting number 9022.90.4000)

(56) Parts and accessories, of metal, for mobile X-ray apparatus (described in statistical reporting number 9022.90.6000)

(57) Printed circuit board assemblies, of a kind designed for use in X-ray apparatus (described in statistical reporting number 9022.90.6000)

(58) Vertical stands specially designed to support, contain or adjust the movement of X-ray digital detectors, or the X-ray tube and collimator in complete X-ray diagnostic systems (described in statistical reporting number 9022.90.6000)

(59) Thermoplastic masks of polycaprolactone for the use of immobilizing patients, during the use of alpha, beta or gamma radiations, for radiography or radiotherapy (described in statistical reporting number 9022.90.9500)

(60) Automatic thermostats for heating, ventilation and air conditioning systems, containing temperature and humidity sensors, designed for wall mounting (described in statistical reporting number 9032.10.0030)

On a technical note, the USTR provided a table setting forth the original and extended U.S. Note and Chapter 99 subheading references for each of the extended items.  The notice can be accessed at: Notice of Extensions for Exclusions Expiring September 20, 2020 .

LIST 2 (TRANCHE 2) EXCLUSIONS EXTENDED (9903.88.59/New U.S. Note 20(lll)

(1) Acrylic acid-2-acrylamido-2-methylpropanesulfonic acid-acrylic ester (AA/AMPS/HPA) terpolymers, presented in dry form (described in statistical reporting number 3906.90.5000)

(2) Molded acrylonitrile-butadiene-styrene (ABS) tubes, of a kind used to effect the sterile transfer of fluid from a bag or vial to another container, each tube measuring 7.5 cm or more but not exceeding 23 cm in length, with an inner diameter of less than 0.65 cm and an outer diameter of less than 9 cm, one end having been angle-cut to form a spike, and having an integrated flange, less than 3 cm in diameter (splash guard) near the spike end and removable polyethylene caps on each end, put up in sterile packing (described in statistical reporting number 3917.29.0090)

(3) Electrical tape of polyvinyl chloride, in rolls, measuring not more than 2 cm in width, not more than 20.2 m in length, and not more than 0.18 mm in thickness (described in statistical reporting number 3919.10.2020)

(4) Transparent tape of plastics with an acrylic emulsion adhesive, in rolls measuring not over 4.8 cm in width, valued not over $.25 per square meter (described in statistical reporting number 3919.10.2030)

(5) Rolls of polyethylene film coated with a solvent acrylic adhesive (described in statistical reporting number 3919.10.2055)

(6) Rolls of polyvinyl chloride, measuring 2.5 cm or more but not exceeding 5.1 cm in width and 182.9 m in length (described in statistical reporting number 3920.43.5000)

(7) Films coated on one or both sides with polyvinylidene chloride (PVdC) or polyvinyl alcohol (PVOH), whether or not having a primer layer between the base and coating; any of the foregoing having a total thickness greater than 0.01 mm but not greater than 0.03 mm (described in statistical reporting number 3920.62.0090)

(8) Printed film of polyvinyl chloride, laminated with foamed-polyvinyl chloride-coated polyester scrim, in rolls, of a kind used for lining shelves or drawers (described in statistical reporting number 3921.12.1100)

(9) Sheets and strips consisting of both cross-linked polyethylene and ethylene vinyl acetate, of a width greater than 1 m but not greater than 1.5 m, and a length greater than 1.75 m but not greater than 2.6 m (described in statistical reporting number 3921.19.0000)

(10) Polyethylene sheet and film laminated with spunbond-spunbond-spunbond nonwoven polypropylene fabric, measuring 1.12 m or more but not over 1.52 m in width and 1.93 m or more but not over 2.29 m in length, and weighing 55 g/m² or more but not exceeding 88 g/m² (described in statistical reporting number 3921.90.1500)

(11) Girders of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 (described in statistical reporting number 7308.90.3000)

(12) Pipes of iron or steel, with connectors, meeting ASTM standard A572, Grade 50 (described in statistical reporting number 7308.90.3000)

(13) Posts of steel pipe and tube, with ball knobs attached (described in statistical reporting number 7308.90.3000)

(14) Posts of steel pipe and tube, with sill plates and ball studs attached (described in statistical reporting number 7308.90.3000)

(15) Rib nodes of iron or steel, meeting ASTM standard A572, Grades 50, 65 or 70 (described in statistical reporting number 7308.90.3000)

(16) Monopolar conductors for a voltage exceeding 1,000 V, other than of copper and not fitted with connectors (described in statistical reporting number 8544.60.6000)

(17) Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090, effective July 1, 2019; described in statistical reporting number 8711.60.0000, effective prior to July 1, 2019)

Here too, the USTR provided a table setting forth the original and extended U.S. Note and Chapter 99 subheading references for each of the extended items.  The notice can be accessed at: Notice of Extensions for Exclusions Expiring September 20, 2020.

Should you have any questions regarding the status of any China 301 exclusion or wish to discuss the potential opportunity to contest the assessment of China 301 duties on List 3 and List 4 items, please do not hesitate to contact us.

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