On July 28, 2020, the Office of the United States Trade Representative (“USTR”) announced extensions for certain expiring exclusions from the China 301 List 2 tariffs (the $16 billion trade action).

To date, three sets of exclusions have been issued in connection with List 2. The first set of exclusions is scheduled to expire on July 31, 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 July 31, 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.

LIST 2 (TRANCHE 1) EXCLUSIONS EXTENDED (9903.88.54/New U.S. Note 20(ggg)

  1. Polytetrafluoroethylene ((C2F4)n), having a particle size of 5 to 500 microns and a melting point of 315 to 329 degrees Celsius (described in statistical reporting number 3904.61.0090)
  2. Polyethylene film, 20.32 to 198.12 cm in width, and 30.5 to 2000.5 m in length, coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not printed, in rolls (described in statistical reporting number 3919.90.5060)
  3. Rectangular sheets of high-density or low-density polyethylene, 111.75 cm to 215.9bcm in width, and 152.4 cm to 304.8 cm in length, with a sticker attached to mark the center of each sheet, of a kind used in hospital or surgery center operating rooms (described in statistical reporting number 3920.10.0000)
  4. 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)
  5. Dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump, each article weighing not more than 3 kg (described in statistical reporting number 8424.89.9000)
  6. Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060)
  7. AC motors, of 18.65 W or more but not exceeding 37.5 W, each with attached actuators, crankshafts or gears (described in statistical reporting number 8501.10.6020)
  8. Position or speed sensors for motor vehicle transmission systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
  9. Wheel speed sensors for anti-lock motor vehicle braking systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
  10. Apparatus using passive infrared detection sensors designed for turning lights on and off (described in statistical reporting number 8543.70.9960)
  11. Liquid leak detectors (described in statistical reporting number 8543.70.9960)
  12. Robots, programmable, measuring not more than 40 cm high by 22 cm wide by 27 cm deep, incorporating an LCD display, camera and microphone but without “hands” (described in statistical reporting number 8543.70.9960)
  13. Motorcycles (including mopeds), with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc, valued not over $500 each (described in statistical reporting number 8711.10.0000)
  14. 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)