On November 12, 2020, the Office of the U.S. Trade Representative (“USTR”) has issued a notice amending the scope of an existing China 301 List 3 exclusion (the $200 billion tariff action).

In its notice, the USTR has amended the exclusion (within U.S. note 20(yy)(75) to subchapter III of chapter 99 of the HTSUS) covering “Pallet jacks, not self-propelled, each measuring not more than 160 cm by 70 cm, with a load capacity of at least of 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)” to now cover such items “described in statistical reporting number 8427.90.0000 prior to July 1, 2019; described in statistical reporting number 8427.90.0090 effective July 1, 2019).”

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.