The Office of the U.S. Trade Representative (“USTR”) has announced three recent actions as described below.
Amendments to Two China 301 List 1 Exclusions –
Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after July 6, 2018, the scope of two exclusions have been modified as follows:
- The scope of the exclusion covering “AC motors, multi-phase, of an output exceeding 37.5 W but not exceeding 74.6 W, each fitted with a timing belt (described in statistical reporting number 8501.51.4040)” has been amended to “AC motors, 3 phase, fitted with a timing belt and of an output no less than 90 W but not exceeding 135 W (described in statistical reporting number 8501.51.4040)”.
- The scope of the exclusion covering “Contactors for a voltage not exceeding 1,000 V, each valued not over $18 (described in statistical reporting number 8536.49.0065)” has been amended to “Contactors for a voltage not exceeding 1,000 V, each valued not over $39 (described in statistical reporting number 8536.49.0065)”
Amendments to Four China 301 List 2 Exclusions –
Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after August 23, 2018, the scope of four exclusions have been modified as follows:
- The scope of the exclusion covering “Copolymers of acrylic acid and 2-acrylamide-2-methylpropanesulfonic acid, valued at $5.40 to $5.60 per kg (described in statistical reporting number 3906.90.5000)” has been amended to “Copolymers of acrylic acid and 2-acrylamide-2-methylpropanesulfonic acid, valued at $4.00 to $7.00 per kg (described in statistical reporting number 3906.90.5000)”
- The scope of the exclusion covering “Drinking straws, of plastics, each straw 8 mm or more in outside diameter and 20 cm or more in length (described in statistical reporting number 3917.32.0050)” has been amended to “Drinking straws, of plastics, each straw 8 mm or more in outside diameter and 18 cm or more in length (described in statistical reporting number 3917.32.0050).
- The scope of the exclusion covering “Zener diodes having an admissible zener current of not more than 0.15 A at 25 degrees C (described in statistical reporting number 8541.10.0080)” has been amended to “Zener diodes having an admissible zener current of not more than 0.15 A at 25 degrees C (described in statistical reporting number 8541.10.0050)”
- The scope of the exclusion covering “Battery-powered electronic temperature monitors with LCD displays, capable of storing downloadable readings as low as -80 degrees Celsius or as high as 70 degrees Celsius, of a kind used in cold-temperature transport or storage of perishable goods (described in statistical reporting number 9025.80.1000)” has been amended to “Battery-powered electronic temperature monitors with LCD displays, capable of storing downloadable readings or storing temperature parameters as low as -80 degrees Celsius or as high as 70 degrees Celsius, of a kind used in cold-temperature transport or storage of perishable goods (described in statistical reporting number 9025.80.1000)”
Eight New China 301 List 4 Exclusions Granted –
Finally, the USTR announced that 8 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.
Separately, the USTR is seeking comments identifying additional medical-care items that should be excluded from China Section 301 tariffs in light of the ongoing COVID-19 outbreak (even if a prior exclusion request on an item has been denied or is pending). Additional information can be found at: https://www.gdlsk.com/ustr-soliciting-comments-on-the-removal-of-china-sec-301-duties-from-additional-medical-care-products/?highlight=medical.
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.
May 8, 2020 – Newly Excluded Items from China 301 List 4
1) 3306.20.0000
2) 6506.10.6030
3) 8512.10.4000
4) Tumblers or disposable graduated liners for pitchers, of plastics, of a kind used in healthcare facilities (described in statistical reporting number 3924.10.4000)
5) Disposable identification wristbands of plastics, designed to be worn by patients during medical procedures, each consisting of a plastics strip with an integrated window for inserting paper with relevant patient identification information, such bracelets measuring 0.95 cm or more but not more than 3.2 cm in width and having a secure closure (described in statistical reporting number 3926.90.9990)
6) Manually operated pill or tablet crushers of plastics, presented with attachable pouches of plastics for capturing and storing the resulting powders (described in statistical reporting number 8479.82.0080)
7) Tracking devices, each device measuring not more than 86 mm on a side (if rectangular) or 28 mm in diameter (if circular) and not more than 7.5 mm in thickness, not weighing more than 15 g, designed to be attached to another article and to establish a Bluetooth connection with another device for the purposes of providing relative location information (described in statistical reporting number 8517.62.0090)
8) Wireless communication apparatus capable of receiving audio data to be distributed to wireless speakers (described in statistical reporting number 8517.62.0090)
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
Exclusions Granted February 10, 2020
China 301 List 2
Exclusions Granted July 31, 2019
Exclusions Granted September 20, 2019
Exclusions Granted October 2, 2019
Amendments to Exclusions Granted September 20, 2019
Exclusions Granted February 25, 2020
China 301 List 3
Exclusions Granted August 7, 2019
Exclusions Granted September 20, 2019
Exclusions Granted October 28, 2019
Exclusions Granted November 7, 2019
Exclusions Granted November 29, 2019
Exclusions Granted December 17, 2019
Exclusions Granted December 31, 2019
Exclusions Granted February 5, 2020
Exclusions Granted February 19, 2020
Exclusions Granted March 12, 2020
Exclusions Granted March 20, 2020
Exclusions Granted April 24, 2020
Exclusions Granted May 4, 2020
China 301 List 4A
Exclusions Granted March 6, 2020
Exclusions Granted March 12, 2020
Exclusions Granted March 25, 2020
Exclusions Granted May 8, 2020
