UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS AND MODIFICATIONS OF EXISTING EXCLUSIONS

Insights

UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS AND MODIFICATIONS OF EXISTING EXCLUSIONS

On July 21, 2020, the U.S. Trade Representative (“USTR”) announced that an additional 64 items 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 4A (which is part of the $300 billion trade action) which, unless excluded, are currently subject to an additional tariff of 7.5% 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 1, 2019 (the date when the China 301 List 4A additional tariffs took effect) and are slated to remain in effect through September 1, 2020. As indicated in a recent post, the USTR is soliciting comments on the possible extension of List 4 exclusions expiring on September 1^st (https://www.gdlsk.com/ustr-seeking-comments-on-the-extension-of-certain-additional-expiring-china-301-list-4-exclusions/). Separately, the scope of 5 existing exclusions is being modified.

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.

July 21, 2020 – Newly Excluded Items from China 301 List 4 (New U.S. note 20(fff)(9903.88.53)

1) 0505.10.0055

2) 5504.10.0000

3) 8215.99.3500

4) 9506.70.4000

5) 9701.10.0000

6) 9702.00.0000

7) 9703.00.0000

8) 9705.00.0085

9) 9706.00.0020

10) 9706.00.0040

11) 9706.00.0060

12) Sodium alginate resins (CAS No. 9005-38-3) (described in statistical reporting number 3913.10.0000)

13) Boot hangers of plastics and steel, each designed to hold one pair of boots, presented with couplers of plastics to link two or more boot hangers vertically (described in statistical reporting number 3924.90.5650)

14) Exterior doors having outer faces of plastics with foamed plastics insulation between those faces, each measuring at least 213 cm but not more than 245 cm in height, at least 80 cm but not more than 95 cm in width and not more than 45 mm in thickness (described in statistical reporting number 3925.20.0010)

15) Clamps and clips of molded plastics, each with a fastener or adhesive backing for affixing a cord or cable to a flat surface (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

16) Molded shells of plastics, each measuring at least 11.1 cm but not more than 11.7 cm in length and at least 7.9 cm but not more than 8.6 cm in width, weighing at least 38 g but not more than 42 g, having two drilled holes (one near the midpoint of each long side and in horizontal alignment with each other), of a kind used to form a housing for an earphone (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

17) Sets of three polyvinyl chloride-coated foam pads, of plastics, of a kind used to assemble flotation work vests by passing adjustable straps with buckles through slots in the pads, each set comprising two irregularly shaped front/side pads and one rectangular back pad (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

18) Women’s knit robes in chief weight of cotton, with hook and loop tab closure (described in statistical reporting number 6108.91.0030)

19) Babies’ gowns of cotton knitted interlock fabric, each with sleeves, neck opening and elasticized bottom opening (described in statistical reporting number 6111.20.6070)

20) Babies’ sleep sacks, knitted, of cotton, each with neck opening and two-way zipper (described in statistical reporting number 6111.20.6070)

21) Babies’ sleep sacks of cotton interlock knitted fabric, sleeveless, each with neck opening and two-way zipper (described in statistical reporting number 6111.20.6070)

22) Babies’ swaddle sacks of cotton knitted interlock fabric, each with sleeves and mitten cuffs (described in statistical reporting number 6111.20.6070)

23) Babies’ blanket sleepers of polyester knitted fleece, sleeveless, each with two-way zipper (described in statistical reporting number 6111.30.5015)

24) Men’s and boys’ cotton terry bathrobes with muslin trim, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6207.91.1000)

25) Women’s cotton terry bathrobes with muslin trim, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6208.91.1010)

26) Girls’ cotton terry bathrobes with muslin trim, each beltless but featuring a hook and-loop tab (described in statistical reporting number 6208.91.1020)

27) Girls’ fleece bathrobes, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6208.92.0020)

28) Blankets (other than electric blankets) of cotton, woven, each measuring at least 116 cm but not more than 118 cm on an edge (described in statistical reporting number 6301.30.0010)

29) Blankets (other than electric blankets) of cotton, other than woven, each measuring at least 116 cm but not more than 118 cm on an edge (described in statistical reporting number 6301.30.0020)

30) Crib sheets of muslin cotton, fitted with elastic (described in statistical reporting number 6302.31.9020)

31) Protective covers of cotton for pillows, not knitted or crocheted, of cotton, not napped or printed, each with full encasement construction and zipper opening (described in statistical reporting number 6302.31.9040)

32) Oven mitts, not knitted or crocheted, of cotton, each incorporating a hanging loop, measuring at least 16 cm but not more than 19 cm in width by at least 29 cm but not more than 32 cm in length (described in statistical reporting number 6304.92.0000)

33) Handrail covers for spas and pools, the foregoing composed of 95 percent polyester and 5 percent spandex by weight, each measuring at least 60 cm but not more than 306 cm in length (described in statistical reporting number

6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

34) Outdoor shelters, each comprising a canopy of textiles, a folding frame and a carrying case with wheels (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

35) Athletic, recreational and sporting headgear (other than of reinforced or laminated plastics), each with an inner protective suspension system and a sun visor, each weighing not more than 500 g and designed for off-road use with bicycles (described in statistical reporting number 6506.10.6045)

36) Folding helmets of injected plastic parts, each measuring not more than 85 mm in thickness when folded, weighing not more than 525 g (described in statistical reporting number 6506.10.6075)

37) Fittings of galvanized steel, including but not limited to support frames, wings, legs, connector and sign supports, all of which are parts of retail display fixtures (described in statistical reporting number 8302.42.3065)

38) Electric snowblowers, corded or cordless, each weighing not more than 46 kg, with a motor not more than 15 A, wheeled (described in statistical reporting number 8430.20.0060)

39) Cylindrical steel drives specially designed for adjusting color on machines that print on corrugated paper and paperboard, each article measuring at least 8 mm but not more than 9 mm in diameter and at least 2.5 mm but not more than 3 mm in length, and each article weighing at least 12 kg but not more than 14.1 kg (described in statistical reporting number 8443.91.3000)

40) Cylindrical steel drives specially designed to control color registration (alignment) and material tension on printing machinery, each drive measuring at least 155 mm but not more than 160 mm in diameter and at least 165 mm but not more than 170 mm in length, weighing at least 3 kg but not more than 4 kg (described in statistical reporting number 8443.91.3000)

41) Electrical automated embroidery machines capable of being programmed by an operator at a machine control console and also capable of saving or loading digital programming commands through a USB port or a local area network connection, each machine having at least two but not more than eight parallel-operating multithread embroidery heads and a single liquid-crystal display (“LCD”) panel with a video display diagonal measuring at least 160 mm but not more than 170 mm and associated control panel (described in statistical reporting number 8447.90.5000)

42) Cast iron covers for hand-operated gate valves (described in statistical reporting number 8481.90.3000)

43) Iron or steel bodies of hand-operated disc (or disk) valves (described in statistical reporting number 8481.90.3000)

44) Steel parts of hand-operated gate valves (described in statistical reporting number 8481.90.3000)

45) Lithium-ion batteries consisting of cases of base metal containing 18650 individual lithium-ion battery cells, such batteries having a total capacity of at least 60 but not more than 200 watt hours, with at least one USB Type-C port, at least one USB Type-A port, at least one wireless charging pad and a digital screen that displays the power conditions of the battery (described in statistical reporting number 8507.60.0020)

46) Lithium-ion batteries consisting of cases of base metal containing 18650 individual lithium-ion battery cells, such batteries having a total capacity of at least at least 90 but not more than 6,500 watt hours, with at least one AC outlet, at least one USB port, at least one female barrel port and a digital screen that displays the power conditions of the battery (described in statistical reporting number 8507.60.0020)

47) Electric coffee makers of a kind used for domestic purposes, DC powered via a USB cable, each weighing not more than 0.5 kg (described in statistical reporting number 8516.71.0020)

48) Wireless communication apparatus that can receive audio data to be distributed to wireless speakers (described in statistical reporting number 8518.22.0000)

49) Fuse-type incandescent tungsten-filament lamps, designed for a voltage of 12 V or more but not exceeding 14 V, each measuring not more than 7 mm in diameter and not more than 32 mm in length (described in statistical reporting number 8539.29.3050)

50) Headlight brackets of aluminum, for motorcycles, each measuring not more than 34 cm by 29 cm by 19 cm, weighing not more than 2 kg (described in statistical reporting number 8714.10.0050)

51) Electric guitar kits, each consisting of all of the parts necessary to construct an electric guitar (described in statistical reporting number 9207.90.0040)

52) Parts of music synthesizers of heading 9207, comprising specially designed printed circuit assemblies for affecting the characteristics or qualities of sound (described in statistical reporting number 9209.94.8000)

53) Pre-charged pneumatic (“PCP”) air rifles, each measuring at least 101 cm but not more than 115 cm in length, weighing at least 2.8 kg but not more than 3.5 kg (described in statistical reporting number 9304.00.2000)

54) Modular diving boards, suitable for mounting on boats or docks (described in statistical reporting number 9506.29.0080)

55) Swim masks, snorkeling masks, snorkels and water fins (described in statistical reporting number 9506.29.0080)

56) Balance trainers of plastics, each measuring not more than 120 cm in length by 45 cm in width by 27 cm in height, containing an air bladder (described in statistical reporting number 9506.91.0030)

57) Exercise machines of steel, each measuring at least 157 cm but not more than 158 cm in length, at least 152 cm but not more than 153 cm in width and at least 88 cm but not more than 90 cm in height, of a kind specifically designed to train the gluteal muscles (described in statistical reporting number 9506.91.0030)

58) Push-up exercise machines, each consisting of an aluminum extrusion with hard plastic end-caps, a hard plastic center divider, two sliding handles of hard plastics and rubber and a sliding adjustment plate (described in statistical reporting number 9506.91.0030)

59) Brushes of natural goat hair bristles, which are in lengths of at least 30 mm but not more than 33 mm, enclosed in a plastic protective holder, for cleaning optical lenses (described in statistical reporting number 9603.90.8050)

60) Porous-tipped markers for applying liquid chalk (described in statistical reporting number 9608.20.0000)

61) Gold coins of numismatic (collector’s) interest, 250 years or more in age, of Chinese origin (described in statistical reporting number 9705.00.0010)

62) Numismatic (collector’s) coins (other than archaeological pieces and other than of gold), 250 years or more in age (described in statistical reporting number 9705.00.0040)

63) Gold coins of numismatic (collector’s) interest, less than 250 years in age, of Chinese origin (described in statistical reporting number 9705.00.0050)

64) Coins of Chinese origin and of numismatic (collector’s) interest, of any metal other than of gold, less than 250 years in age (described in statistical reporting number 9705.00.0065)

July 21, 2020 Modifications to Existing China 301 Exclusions

Separately, technical amendments have been made to the below existing exclusions. These amendments are retroactive to September 1, 2019.

Original Language	Amended Language
Comforter shells of fabric in chief weight of polyester, each measuring at least 171 cm but not more than 202 cm in width and at least 227 cm but not more than 230 cm in length, weighing not more than 90 g/m2, with an opening on one side (described in statistical reporting number 6307.90.9889)	Comforter shells of fabric in chief weight of polyester, each measuring at least 171 cm but not more than 202 cm in width and at least 227 cm but not more than 230 cm in length, weighing not more than 90 g/m2, with an opening on one side (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Fabric shells for backrests in chief weight of polyester fabric (described in statistical reporting number 6307.90.9889)	Fabric shells for backrests in chief weight of polyester fabric (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Fabric shells for cushions in chief weight of polyester fiber, designed for use with seats of heading 9401 (other than seats for aircraft or motor vehicles) (described in statistical reporting number 6307.90.9889)	Fabric shells for cushions in chief weight of polyester fiber, designed for use with seats of heading 9401 (other than seats for aircraft or motor vehicles) (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Shells for life jackets of manmade fibers (described in statistical reporting number 6307.90.9889)	Shells for life jackets of manmade fibers (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Shells for pillows and comforters of microfiber fabric (described in statistical reporting number 6307.90.9889)	Shells for pillows and comforters of microfiber fabric (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)