UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSION GRANTED / MODIFICATIONS TO SEC. 301 PRODUCTS

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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSION GRANTED / MODIFICATIONS TO SEC. 301 PRODUCTS

On July 15, 2020, the U.S. Trade Representative (“USTR”) announced that an additional item will be excluded from the Section 301 trade remedies imposed on Chinese-origin products while the scope of eight existing exclusions is being modified.

The newly announced exclusion relates to China 301 List 2 (which is part of the $16 billion trade action under which items, unless excluded, are currently subject to an additional tariff of 25% ad valorem). The new exclusion will be retroactive to August 23, 2018 (the date when the China 301 List 2 additional tariffs took effect) and is slated to remain in effect through October 2, 2020.

July 15, 2020 Newly Excluded Item from China 301 List 2 (U.S. note 20(y)(9903.88.20))

Multi-phase AC motors of an output of at least 5.8 kW but not exceeding 14.92 kW, each assembled with planetary gears and a gearbox (described in statistical reporting number 8501.52.4000)

In addition, the scope of eight exclusions is being modified, effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after September 24, 2018.

July 15, 2020 Modifications to Existing China 301 Exclusions

Original Language	Amended Language
Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040)	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)
Cooking thermometers, including candy and deep-fry thermometers (described in statistical reporting number 9025.19.8080)	Cooking thermometers, including candy and deep-fry thermometers (described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 2020)
Infrared thermometers (described in statistical reporting number 9025.19.8080)	Infrared thermometers (described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 2020)
Thermometers comprising cable assemblies with sensors, suitable for use in swimming pools, not combined with other instruments, valued not over $10 each (described in statistical reporting number 9025.19.8080)	Thermometers comprising cable assemblies with sensors, suitable for use in swimming pools, not combined with other instruments, valued not over $10 each (described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 2020)
Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040)	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)
Galileo thermometers (described in statistical reporting number 9025.19.8080)	Galileo thermometers “(described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 2020)
Handheld electronic thermometers, with a metal thermo-couple probe measuring 10 cm in length (described in statistical reporting number 9025.19.8080)	Handheld electronic thermometers, with a metal thermo-couple probe measuring 10 cm in length (described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 2020)
Thermometers, not combined with other instruments, other than liquid-filled for direct reading, other than pyrometers, other than clinical thermometers (described in statistical reporting number 9025.19.8080)	Thermometers, not combined with other instruments, other than liquid-filled for direct reading, other than pyrometers, other than clinical thermometers (described in statistical reporting number 9025.19.8080 prior to July 1, 2020; described in statistical reporting number 9025.19.8060 or 9025.19.8085 effective July 1, 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.

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.

PRIOR NOTICES GRANTING CHINA SECTION 301 EXCLUSIONS

Links to the prior notices granting China 301 exclusions appears below (please note, some prior exclusions may have expired, been extended, or amended):

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

Exclusion Granted December 17, 2019 and Amendments to Exclusions Granted July 9, 2019 and September 20, 2019

Exclusions Granted February 11, 2020

CHINA 301 LIST 2