UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED TO SEC. 301 LIST 3 PRODUCTS

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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED TO SEC. 301 LIST 3 PRODUCTS

On December 31, 2019, the U.S. Trade Representative (“USTR”) announced that 68 additional HTS provisions and product descriptions will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. The newly announced exclusions all relate to items on China 301 List 3 (the $200 billion trade action) which, unless excluded, are subject to an additional tariff of 25% ad valorem. The list of newly-excluded items (which supplements the exclusions previously granted by the USTR) is provided below. The exclusions will be retroactive to September 24, 2018 (the date when the China 301 List 3 additional tariffs took effect) and are slated to remain in effect through August 7, 2020. Any claims for duty refunds require affirmative action on the part of importers in the form of post-entry corrections or protests (depending upon the liquidation status of the underlying entries). CBP has also entertained requests to extend the liquidation of entries to allow additional time for the filing of corrections.

Significantly, China 301 exclusions are product-specific, not company-specific. Thus, if a product is described by an exclusion, the importer may benefit regardless of who filed for the exclusion. Information as to previously excluded items can be accessed at the end of this notice.

The exclusion request process has closed for China 301 Lists 1 -3. The USTR is accepting exclusion requests for items on List 4A (https://www.gdlsk.com/president-announces-china-301-list-4-to-go-into-effect-september-1/) until January 31, 2020. If your business is interested in filing an exclusion request, 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.

December 31, 2019 – Newly Excluded Items from China 301 List 3

1) 8712.00.1510

2) 8712.00.1550

3) Nonwoven wipes, impregnated with organic surfactant preparations of a kind used to remove hair-color stains from the skin, put up for retail sale in canisters each containing 100 wipes (described in statistical reporting number 3401.11.5000)

4) Endless synchronous belts of vulcanized rubber, molded polyurethane, neoprene, or welded urethane, each of an outside circumference of 60 cm or more but not more than 77 cm and a width of 2.5 cm or more but not exceeding 4 cm, weighing 0.18 kg or more but not exceeding 0.45 kg (described in statistical reporting number 4010.35.9000)

5) Briefcases with outer surface of leather, each measuring no more than 37 cm by 45 cm by 17 cm (described in statistical reporting number 4202.11.0030)

6) Storage containers of paulownia wood, each measuring 8 cm or more but not over 41 cm in width, 8 cm or more but not over 41 cm in depth and 9 cm or more but not over 41 cm in height (described in statistical reporting number 4420.90.8000)

7) Woven fabric of 100 percent textured polyester filaments, dyed, weighing more than 170 g/m2, measuring not more than 310 cm in width (described in statistical reporting number 5407.52.2060)

8) Woven fabric of synthetic filament yarn containing 85 percent or more by weight of textured polyester filaments, dyed, measuring 249 cm in width, weighing more than 170 g/m2 (described in statistical reporting number 5407.52.2060)

9) Woven dupioni fabric wholly of non-textured dyed polyester filaments, weighing not more than 170 g/m2, measuring not more than 310 cm in width (described in statistical reporting number 5407.61.9930)

10) Woven fabric wholly of polyester, dyed, not flat, containing non-textured polyester filaments, weighing not more than 170 g/m2, measuring not over 310 cm in width (described in statistical reporting number 5407.61.9930)

11) Woven fabric wholly of polyester, dyed, containing non-textured polyester filaments, weighing more than 170 g/m2, measuring not over 310 cm in width (described in statistical reporting number 5407.61.9935)

12) Woven fabric containing by weight 47 percent of nylon and 53 percent of polyester, dyed, containing textured filaments, weighing not more than 170 g/m2, measuring greater than 274 cm in width (described in statistical reporting number 5407.72.0015)

13) Woven dyed fabrics wholly of spun polyester, weighing more than 240 g/m2 and measuring not more than 310 cm in width (described in statistical reporting number 5512.19.0090)

14) Woven dyed 3-thread twill fabrics containing by weight 65 percent of polyester and 35 percent of cotton staple fibers, not napped, weighing more than 200 g/m² and exceeding 310 cm in width (described in statistical reporting number 5514.22.0020)

15) Storage containers of twisted paper rope, each measuring not less than 8 cm but not more than 39 cm in length, not less than 8 cm but not more than 39 cm in width and not less than 9 cm but not more than 57 cm in height (described in statistical reporting number 5609.00.4000)

16) Woven dyed embroidery fabrics containing by weight 55 percent of polyester and 45 percent of nylon, weighing less than 115 g/m2 and measuring 289 cm in width (described in statistical reporting number 5810.92.9080)

17) Vault doors of stamped, welded and powder-coated 12-gauge carbon steel, each measuring 2 m or more in height, 81 cm or more but not more than 92 cm in width and 7.7 cm in thickness, each fitted with nine locking bolts, a slip-clutch handle and a programmable electric lock with keypad, with mechanical key override, presented with matching door frame (described in statistical reporting number 7308.30.5050)

18) Steel staples suitable for use in powder-actuated handtools, not threaded, each weighing 37 g or more but not over 41 g, measuring 2.8 cm or more but not over 12.7 cm in height, 6.4 cm or more but not over 7.4 cm in width and 3.3 cm or more but not over 12.2 cm in depth (described in statistical reporting number 7317.00.2000)

19) Safes of 16 gauge carbon steel, each stamped, welded and powder-coated, with a programmable electric lock with keypad, mechanical key override, measuring 27 cm or more but not over 33 cm in length, 21 cm or more but not over 23 cm in width and 6 cm or more but not over 23 cm in depth (described in statistical reporting number 7323.99.9080)

20) Fish tapes of steel and plastics, each weighing 516 g or more but not over 3,810 g and measuring no greater than 46 cm by 34 cm by 5 cm (described in statistical reporting number 7326.90.8688)

21) Steel clamps with rubber insulation, each weighing not more than 45.4 grams and measuring not more than 26 mm in height, not more than 54 mm in width and not more than 97 mm in depth (described in statistical reporting number 7326.90.8688)

22) Telescoping poles of steel, spring loaded, with ends of plastic, each measuring not less than 127 cm but not more than 314 cm in height and not more than 2.6 cm in diameter (described in statistical reporting number 7326.90.8688)

23) Awning casting endplates, of aluminum, weighing not less than 0.1 kg, measuring not less than 17 cm in length, not less than 10 cm in width, and not less than 1 cm in height (described in statistical reporting number 7610.90.0080)

24) Decorative cast aluminum endcaps, of a kind used with structural elements of roofmounted patio awnings for recreational vehicles (RVs), each measuring not more than 19 cm in length, not more than 11.5 cm in width and not more than 3 cm in thickness, weighing not more than 0.15 kg each (described in statistical reporting number 7610.90.0080)

25) Clips of aluminum shaped like the letter “J”, with the diameter of the loop not exceeding 13 mm, each with a hole drilled through the long part of the “J” (described in statistical reporting number 7616.99.5190)

26) Telescoping poles of aluminum, spring loaded, with ends of plastic, each measuring not less than 1.5 m but not more than 3.7 m in height and 2.9 cm or more but not exceeding 3.6 cm in diameter (described in statistical reporting number 7616.99.5190)

27) Awning casting pivots, of zinc coated aluminum, weighing not less than 0.6 kg, measuring not less than 9 cm in length, not less than 6 cm in width, and not less than 4 cm in height (described in statistical reporting number 7907.00.6000)

28) Hand tools of steel, similar to pliers, each capable of crimping, stripping and cutting wire, weighing at least 170 g or more but not exceeding 460 g, and measuring not more than 26 cm by jaw opening size of 30 cm by 11 cm by 2.5 cm (described in statistical reporting number 8203.20.6060)

29) Hand tools of steel similar to pliers, designed for crimping electrical connectors and cutting wire, each weighing 333 g and measuring no more than 26 cm by 11 cm by 2.5 cm (described in statistical reporting number 8203.20.6060)

30) Cutting parts for rock drilling or earth boring tools, each containing by weight over 0.2 percent of chromium, molybdenum or tungsten or over 0.1 percent of vanadium (described in statistical reporting number 8207.19.3090)

31) Sets of flatware of stainless steel, containing no article plated with precious metal, put up for retail sale (described in statistical reporting number 8215.20.0000)

32) Hydraulic valve lifters of steel with rollers, suitable for use solely or principally with spark-ignition internal combustion piston engines (other than for aircraft engines, marine propulsion engines or for vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), each measuring 5 cm or more but not over 13 cm in length and 2.5 cm

or more but not over 3.9 cm in diameter and weighing 135 g or more but not over 410 g (described in statistical reporting number 8409.91.9990)

33) Solid valve lifters of steel, suitable for use solely or principally with spark-ignition internal combustion piston engines (other than for aircraft engines, marine propulsion engines or for vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), each measuring 19 mm or more but not over 114 mm in length and 6 mm or more but not over 26 mm in diameter and weighing 20 g or more but not over 250 g (described in statistical reporting number 8409.91.9990)

34) Hand pumps (other than for fuel or lubricants, not fitted or designed to be fitted with a metering device), each used to dispense a metered quantity of liquid soap or sanitizer (described in statistical reporting number 8413.20.0000)

35) Lubricating pumps for internal combustion piston engines (described in statistical reporting number 8413.30.9060)

36) Hand- or foot-operated air pumps, each weighing 400 g or more but not over 3 kg, with a maximum pressure of 1.52 MPa, imported with adapters for valves for tires and inner tubes (described in statistical reporting number 8414.20.0000)

37) Ventilation fans for motor vehicles, consisting of a 12 V DC reversible multispeed electric motor drawing 5 A, with axial fan blade, electrically operating baffle, electric keypad and circuit board and wire mesh screen, measuring no more than 36 cm by 36 cm (described in statistical reporting number 8414.59.6540)

38) Ventilation fans for motor vehicles, consisting of a 12 V DC single speed electric motor drawing 5 A, with axial fan blade, manual baffle, rotary switch and wire mesh screen, measuring no more than 36 cm by 36 cm (described in statistical reporting number 8414.59.6540)

39) 12 V fans of a kind used to disperse fragrance oils, measuring over 10 but not over 11 cm in diameter (described in statistical reporting number 8414.59.6595)

40) Portable air compressors, each delivering under 0.57 cubic meters per minute (described in statistical reporting number 8414.80.1685)

41) Winches powered by an electric motor, each weighing 9 kg or more but not exceeding 14 kg, with a pulling capacity of 1,130 kg or more but not exceeding 2,730 kg (described in statistical reporting number 8425.31.0100)

42) Winches powered by an electric motor, each with a pulling capacity of 4,300 kg or more but not exceeding 7,940 kg (described in statistical reporting number 8425.31.0100)

43) Ratchet tie down straps, each consisting of straps of textiles measuring not less than 25 mm and not more than 105 mm in width and not more than 12.5 m in length, steel hooks at opposite ends of the straps and a gear and pawl mechanism for adjusting the length of the whole (described in statistical reporting number 8479.89.9499)

44) Wireless battery chargers for mobile phones, each in the form of a picture frame incorporating a wireless charger or a stand incorporating a wireless charger that permits the mobile phone to be charged while standing on end (described in statistical reporting number 8504.40.8500)

45) Alternators for motor vehicle charging systems (described in statistical reporting number 8511.50.0000)

46) Alarms to be installed in motor vehicles, each of which provides either a warning sound or a warning sound and a flashing light when a motor vehicle is being operated in reverse (described in statistical reporting number 8512.30.0040)

47) Projectors (“trumpets”) of plastics for air horns (described in statistical reporting number 8512.90.2000)

48) Color video cameras for use with microscopes, each camera with C-mount lens mount, weighing not more than 87 g, measuring not more than 109 mm in length and 31 mm in diameter, presented with a cable measuring not more than 1.5 m in length (described in statistical reporting number 8525.80.3010)

49) Digital color video cameras for use with microscopes, each camera with 10 megapixel resolution, weighing not more than 175 g, measuring 63 mm by 37 mm in length, presented with USB cable, reduction lens, eyepiece adapters, software CD and calibration slide (described in statistical reporting number 8525.80.3010)

50) Digital color video cameras for use with microscopes, each camera with autofocus, Cmount lens mount, 1080p resolution, weighing not more than 450 g, measuring not more than 67 mm by 67 mm by 81 mm, presented with AC power adapter and power cable (described in statistical reporting number 8525.80.3010)

51) Ultraviolet lamps used for skin tanning purposes, packaged for retail sale and weighing more than 5 kg but less than 10 kg (described in statistical reporting number 8539.49.0040)

52) Hand held, battery-powered electrical devices that administer transcutaneous electrical nerve stimulation (TENS) and electrical muscle stimulation (EMS) via adhesive electrode pads attached to the skin (described in statistical reporting number 8543.70.8500)

53) Insulated conductors, not of a kind used for telecommunications, for a voltage not exceeding 1,000 V, each with polyvinyl chloride (PVC) covers and connectors at each end in bundles of 3, 5 or 6 for use in connecting patients to monitoring devices (described in statistical reporting number 8544.42.9090)

54) Electrical insulators (“wire nuts”) of plastics and steel (described in statistical reporting number 8546.90.0000)

55) Motor mount kits each consisting of 3 to 5 components, each of stainless-steel or aluminum combined with a heat resistant rubber material and with holes machined for mounting the engine to the car or truck body, designed for use in aftermarket automotive repair (described in statistical reporting number 8708.99.5500)

56) Wear bars comprising strips of carbide for the vehicles of 8703.10.10 (described in statistical reporting number 8708.99.8180)

57) Bicycle saddles, each having a cover of plastics, man-made textile fabrics or a combination of the two (described in statistical reporting number 8714.95.0000)

58) Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection), each with magnification of 40X or more but not exceeding 1,000X, weighing not more than 3 kg (described in statistical reporting number 9011.80.0000)

59) Compound optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection), each with magnification of 40X or more but not exceeding 400X, weighing not more than 15 kg (described in statistical reporting number 9011.80.0000)

60) Stackable upholstered metal chairs for religious worship settings, capable of interlocking with each other, each with attached holders and racks (described in statistical reporting number 9401.71.0031)

61) Hunting stands of steel or aluminum (including ladder stands, pod stands, hang-on stands and climbing stands), each of which allows one or more hunters to ascend to a height and sit while waiting for game animals to appear (described in statistical reporting number 9401.79.0035)

62) Parts of chairs of unfinished plywood, including bodies, legs and arms (described in statistical reporting number 9401.90.4080)

63) Chair frames of metal, each with integral bookshelf, capable of being stacked (described in statistical reporting number 9401.90.5081)

64) Folding wheeled trays, each having a fixed height of no more than 90 cm and a tray measuring not more than 37 cm by 40 cm (described in statistical reporting number 9403.20.0090)

65) Wheeled trays, each with 5 wheels, 3 bowls of plastic with suction cup bottoms and adjustable height from 65 cm to 108 cm (described in statistical reporting number 9403.20.0090)

66) Baby crib liners, each composed of two pieces of multi-layer warp polyester knit mesh without any padding, one measuring no more than 29 cm by 283 cm and the other measuring no more than 29 cm by 210 cm (described in statistical reporting number 9403.90.6005)

67) Flexible strips having embedded light-emitting diodes electrically connected to a molded electrical end connector, each strip wound onto a reel measuring not more than 25 cm in diameter and not more than 1.5 cm in width (described in statistical reporting number 9405.40.8440)

68) Light boxes, each measuring not more than 32 cm by 58 cm by 12 cm, weighing less than 10 kg, with two biaxial fluorescent lamps that provide light therapy for seasonal and sleep disorders (described in statistical reporting number 9405.40.8440)

PRIOR NOTICES GRANTING CHINA SECTION 301 EXCLUSIONS

Links to the prior notices granting China 301 exclusions appears below:

China 301 List 1

Exclusions Granted December 28, 2018

Exclusions Granted March 25, 2019

Exclusions Granted April 18, 2019

Exclusions Granted May 14, 2019

Exclusions Granted June 4, 2019

Exclusions Granted July 9, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 2, 2019

China 301 List 2