UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED / MODIFICATIONS ON SEC. 301 LIST 3 PRODUCTS

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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED / MODIFICATIONS ON SEC. 301 LIST 3 PRODUCTS

On August 21, 2020, the U.S. Trade Representative (“USTR”) announced that an additional two items will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. In addition the scope of eight existing exclusions is being modified. The newly announced exclusion / modifications all relate to items on China 301 List 3 (which is part of the $200 billion trade action) which, unless excluded, are currently 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. As with previous List 3 exclusions, the USTR notice provides that the exclusions will apply from September 24, 2018 (the date when the China 301 List 3 additional tariffs took effect) through August 7, 2020 (which suggests that only retroactive claims may be made). 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.

August 21, 2020 Newly Excluded Items from China 301 List 3 (Existing U.S. note 20(aaa)(9903.88.48)

Wallets, whether or not with wrist straps, of reinforced plastics, each measuring at least 17.5 cm long by 2 cm wide by 11 cm high and not more than 19 cm long by 2 cm wide by 11 cm high (described in statistical reporting number 4202.32.1000)
Mixtures containing N,N-dimethyldodecan-1-amine (CAS No. 112-18-5) and N,N-dimethyltetradecan-1-amine (CAS No. 112-75-4) (described in statistical reporting number 3824.99.9297)

August 21, 2020 Modifications to Existing China 301 List 3 Exclusions

Separately, technical amendments have been made to the below 8 existing exclusions.

Original Language	Amended Language
Lockers, of steel (described in statistical reporting number 9403.20.0050)	Lockers, of steel (described in statistical reporting number 9403.20.0050 or 9403.20.0078)
Imitation leather fabrics, of man-made fibers impregnated, coated, covered or laminated with 75 percent polyvinyl chloride (PVC) by weight (described in statistical reporting number 5903.10.2090)	Imitation leather fabrics, of manmade fibers impregnated, coated, covered or laminated with a minimum of 60% polyvinyl chloride (PVC) and 75% plastics by weight (described in statistical reporting number 5903.10.2090)
Machine tool base castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 141 cm but not more than 413 cm in length, at least 67 cm but not more than 179 cm in width and at least 47 cm but not more than 67 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool base castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 119 cm but not more than 475 cm in length, at least 56 cm but not more than 206 cm in width and at least 39 cm but not more than 78 cm in height (described in statistical reporting number 8466.93.1560)
Machine tool bridge castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 105 cm but not more than 146 cm in length, at least 67 cm but not more than 77 cm in width and at least 42 cm but not more than 77 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool bridge castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 89 cm but not more than 168 cm in length, at least 56 cm but not more than 89 cm in width and at least 35 cm but not more than 89 cm in height (described in statistical reporting number 8466.93.1560)
Machine tool column castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 83 cm but not more than 240 cm in length, at least 39 cm but not more than 100 cm in width and at least 17 cm but not more than 93 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool column castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 70 cm but not more than 276 cm in length, at least 33 cm but not more than 115 cm in width and at least 14 cm but not more than 107 cm in height (described in statistical reporting number 8466.93.1560)
Machine tool saddle castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 67 cm but not more than 608 cm in length, at least 50 cm but not more than 75 cm in width and at least 14 cm but not more than 34 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool saddle castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 56 cm but not more than 700 cm in length, at least 42 cm but not more than 87 cm in width and at least 11 cm but not more than 39 cm in height (described in statistical reporting number 8466.93.1560)
Machine tool spindle head castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 47 cm but not more than 75 cm in length, at least 37 cm but not more than 57 cm in width and at least 29 cm but not more than 108 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool spindle head castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 39 cm but not more than 87 cm in length, at least 31 cm but not more than 65 cm in width and at least 24 cm but not more than 125 cm in height(described in statistical reporting number 8466.93.1560)
Machine tool table castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 88 cm but not more than 217 cm in length, at least 39 cm but not more than 95 cm in width and at least 9 cm but not more than 22 cm in height (described in statistical reporting number 8466.93.1560)	Machine tool table castings of class 30 grey iron or 65-45-12 ductile iron not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, other than machine tools for cutting, grinding or finishing gears, each measuring at least 74 cm but not more than 250 cm in length, at least 33 cm but not more than 110 cm in width and at least 7 cm but not more than 26 cm in height (described in statistical reporting number 8466.93.1560)

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