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 May 21, 2020, the U.S. Trade Representative (“USTR”) announced that 78 items will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. In addition the scope of four existing exclusions is being modified. The newly announced exclusions / 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. 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.

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

1) 0713.33.1040

2) 0713.50.1000

3) 1207.70.0020

4) 1207.70.0040

5) 1209.30.0090

6) 1209.91.6010

7) 1209.91.8010

8) 1209.91.8020

9) 1209.91.8040

10) 1209.91.8050

11) 1209.91.8060

12) 1209.91.8070

13) 2916.19.1000

14) 5603.14.9090

15) 5603.92.0090

16) 5603.93.0090

17) 9403.70.4002

18) Freeze-dried or frozen bloodworms (Chironomidae), of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)

19) Freeze-dried or frozen brine shrimp (Artemia franciscana), whole, of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)

20) Freeze-dried shrimp (Penaeus spp.), whole, of a kind used as pet feed, put up for retail sale (described in statistical reporting number 0511.91.0090)

21) Freeze-dried tubifex worms, whole, of a kind used as pet feed, put up for retail sale in induction-sealed plastic cans each with a net weight of at least 23 g but not more than 43 g (described in statistical reporting number 0511.91.0090)

22) Dried green seaweed (Porphyra spp.), of a kind used as pet feed, put up for retail sale in containers comprising 24 pre-cut sheets packaged in resealable plastic bags each with a net weight of 23 g (described in statistical reporting number 1212.29.0000)

23) Sodium permanganate (CAS No. 10101-50-5) in 40 percent aqueous solution (described in statistical reporting number 2841.69.0010)

24) Boron carbide (CAS No. 12069-32-8) in powder form (described in statistical reporting number 2849.90.1000)

25) Children’s acrylic paint sets, each comprising either 6, 12 or 24 jars or pots of different colors of paints, each jar or pot containing at least 5 ml but not more than 23 ml, with a paint brush, such sets put up for retail sale (described in statistical reporting number 3213.10.0000)

26) Children’s rock painting kits, each comprising various colors of acrylic paints, a paint brush and rocks, each group of rocks weighing at least 900 g but not more than 1,400 g, and accessories including but not limited to swirl sticks or transfer sheets (described in statistical reporting number 3213.10.0000)

27) Children’s washable tempera paint sets, each comprising 5 pots of different colors of paints, each pot containing 5 ml, presented with or without a paint brush and put up for retail sale (described in statistical reporting number 3213.10.0000)

28) Organic surface-active liquid for washing the skin, not containing any aromatic or modified aromatic surface-active agent, put up for retail sale in a bottle of plastics with pump-action top, each bottle measuring not more than 17 cm in width, not more than 27 cm in height and not more than 6.5 cm in length and with a net weight of not more than 0.5 kg (described in statistical reporting number 3401.30.5000)

29) Toilet seal rings of artificial or prepared waxes (other than polyethylene glycol waxes, waxes containing bleached beeswax or chemically modified lignite waxes) (described in statistical reporting number 3404.90.5150)

30) Artificial graphite, in powder or flake form, for manufacturing into the lithium-ion anode component of batteries (described in statistical reporting number 3801.10.5000)

31) Mixtures of ammonium ethyl carbamoylphosphonate (Fosamine-ammonium) (CAS No. 25954-13-6) and application adjuvants (described in statistical reporting number 3808.93.5050)

32) Refrigerant gas R-421B, comprising mixtures containing at least 83 percent but not more than 87 percent by weight of pentafluoroethane, at least 13 percent but not more than 17 percent by weight of 1,1,2,2-tetrafluoroethane, and at least 0.5 percent but not more than 2 percent by weight of lubricant (described in statistical reporting number 3824.78.0020)

33) Silicon monoxide (SiO) (CAS No. 10097-28-6) in powder form (described in statistical reporting number 3824.99.9297)

34) Washing machine tub seals of acrylonitrile-butadiene rubber (“NBR”), each bottom seal incorporating a radial ball bearing and locking pin and each top seal presented with a metal shroud and grease installed (described in statistical reporting number 4016.93.5020)

35) Grommets, of acrylonitrile-butadiene rubber (“NBR”), each with an inner diameter of not more than 6 cm and an outer diameter of not more than 8 cm, each weighing not more than 10 g, of a kind used in automotive fuel assemblies (described in statistical reporting number 4016.99.6050)

36) Handbags with outer surface of sheeting of plastics, each measuring not more than 35 cm in width, not more than 20.5 cm in height and not more than 30 cm in length (described in statistical reporting number 4202.22.1500)

37) Coin purses with outer surface of laminated plastics, each measuring not more than 8 cm in length, not more than 8 cm in height, and not more than 3 cm in width (described in statistical reporting number 4202.32.1000)

38) Garment travel bags of man-made fibers, each weighing at least 0.9 kg but not more than 1.9 kg, measuring at least 100 cm but not more than 170 cm in length, with zippered compartments, with handles to carry in a folded condition and a hanger clamp (described in statistical reporting number 4202.92.3131)

39) Flooring planks, each measuring at least 121 cm but not more than 122 cm in length and at least 12.7 cm but not more than 19.7 cm in width (described in statistical reporting number 4411.13.2000)

40) Boxes of wood, each measuring not more than 30 cm by 13 cm by 20 cm, with hinged top, handle of base metals and 2 clasps (described in statistical reporting number 4420.90.8000)

41) Wood dowel pins, plain, other than coniferous, of birch (Betula spp.), each measuring at least 19.5 cm but not more than 38.5 cm in length and at least 4.7 mm but not more than 8 mm in thickness (described in statistical reporting number 4421.99.1500)

42) Polypropylene roofing underlayment (described in statistical reporting number 4602.90.0000)

43) Diaries, bound, each containing at least 40 sheets but not more than 60 sheets of paper, each presented in a kit also containing a pen and stickers (described in statistical reporting number 4820.10.2010)

44) Albums for samples or collections, each containing at least 15 pages but not more than 20 pages, put up for retail sale in kits, each also containing cards and envelopes, a glue stick, a stencil, a pair of scissors, stamps, sticker sheets, sparkling gemstones, markers and pens (described in statistical reporting number 4820.50.0000)

45) Rugs of hand-knotted pile, of nylon and polypropylene, measuring at least 1.2 m2 (described in statistical reporting number 5701.90.1010)

46) Prepared painting canvas panel boards, each board containing by weight 50 percent canvas, other than of canvas man-made fibers, and 50 percent paper, in sizes measuring at least 9 cm but not more than 29 cm in width, at least 14 cm but not more than 37 cm in height and at least 0.6 cm but not more than 3.5 cm in thickness, put up for retail sale in kits each containing not more than 12 boards (described in statistical reporting number 5901.90.4000)

47) Equipment for scaffolding, comprising galvanized steel frames, posts, planks, bay braces, ledgers, components and accessories, for assembly in cuplock configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)

48) Equipment for scaffolding, comprising powder coated or galvanized welded tubular steel frames, braces, guard rail systems, components and accessories, the foregoing for assembly into frame and brace configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)

49) Drums and barrels, of stainless steel, presented empty, each with a capacity of at least 50 liters but not more than 60 liters and weighing at least 12 kg but not more than 15 kg (described in statistical reporting number 7310.10.0010)

50) Containers of stainless steel, of circular cross section, closed by soldering, each with a volume capacity at least 11.4 liters but not more than 26.6 liters, of a kind used for the conveyance of beer (described in statistical reporting number 7310.21.0025)

51) Screws of stainless steel, having shanks or threads with a diameter of at least 6 mm, self-threading with Philips head (described in statistical reporting number 7318.15.8082)

52) Portable grills of iron or steel designed for use with both charcoal and propane as fuels, each presented with a porcelain-coated cast iron cooking grid, a charcoal tray, an air damper, a temperature gauge and independently controlled stainless steel burners (described in statistical reporting number 7321.11.1060)

53) Stainless steel cover assemblies with side shields, comprising parts of stoves and ranges, with cast aluminum front section and black textured finish, each weighing not more than 2.8 kg and measuring at least 35 cm in depth, at least 47 cm in width, and at least 4 cm in height (described in statistical reporting number 7321.90.1000)

54) Stainless steel drop-in cooktop assemblies comprising parts of stoves and ranges, with two burners, each weighing not more than 1.2 kg and measuring at least 33 cm in depth, at least 45 cm in width, and at least 2 cm in height (described in statistical reporting number 7321.90.1000)

55) Steel drop-in burner box assemblies comprising parts of stoves and ranges, each weighing not more than 4.5 kg and measuring at least 30 cm in depth, at least 43 cm in width and at least 10 cm in height (described in statistical reporting number 7321.90.1000)

56) Steel drop-in cooktop assemblies comprising parts of stoves and ranges, with black porcelain, with two burners, each weighing not more than 1.2 kg and measuring at least 12 cm in depth, at least 17 cm in width and at least 0.4 cm in height (described in statistical reporting number 7321.90.1000)

57) Steel drop-in cover assemblies with clear or opaque glass comprising parts of stoves and ranges, each measuring not more than 0.4 cm in thickness and at least 42 cm by 52 cm by 4 cm (described in statistical reporting number 7321.90.1000)

58) Steel griddles comprising parts of stoves and ranges, each measuring at least 47 cm in length, at least 35 cm in width and at least 18 cm in height (described in statistical reporting number 7321.90.1000)

59) Tailor welded blanks of hot-formed steel sheets, cut into D-shaped form, each measuring not more than 2 mm by not more than 1.6 mm (described in statistical reporting number 7326.90.8688)

60) Water bottle art kits, each comprising a water bottle of aluminum that is Bisphenol A (“BPA”)-free, a carabiner clip, with color markers and adhesive acrylic gems, each kit not more than 0.3 kg in weight (described in statistical reporting number 7616.99.5190)

61) Tungsten carbide rock drilling core bits, with at least 10 percent but not more than 11 percent cobalt content by weight (described in statistical reporting number 8207.19.3060)

62) Pet identification tags of aluminum, each with accompanying split ring for attachment to a collar and weighing not more than 15 g (described in statistical reporting number 8302.49.4000)

63) Pet identification tags of chrome coated brass, each weighing not more than 10 g (described in statistical reporting number 8302.49.4000)

64) Gun safes with digital keypads, of base metal, each weighing at least 148 kg but not more than 422 kg, measuring at least 141 cm but not more than 183 cm in height, at least 55 cm but not more than 107 cm in width and at least 40 cm but not more than 71 cm in depth (described in statistical reporting number 8303.00.0000)

65) Wind turbine hubs (described in statistical reporting number 8412.90.9081)

66) Upright coolers incorporating refrigerating equipment, each measuring not more than 77 cm in width, not more than 78 cm in depth and not more than 200 cm in height, weighing not more than 127 kg, with one swing-type transparent glass door (described in statistical reporting number 8418.50.0080)

67) Fuel filters for internal combustion engines, employing paper filtering media, each measuring at least 7 cm but not more than 16 cm in diameter, weighing not more than 120 g (described in statistical reporting number 8421.23.0000)

68) Shipping scales, of aluminum, containing stainless steel and acrylonitrile-butadiene-styrene (“ABS”) plastics, with a maximum weighing capacity of not more than 30 kg, with a graphical display, with a flat top measuring at least 26 cm but not more than 32 cm by at least 29 cm but not more than 36 cm (described in statistical reporting number 8423.81.0040)

69) Portal cranes, each with a jib or operating arm to extend horizontally from the crane and run on rails, with the crane sitting on a pedestal, each crane with lifting capacity of at least 200 t (described in statistical reporting number 8426.30.0000)

70) Self-regulating valves to control fuel pressure for automotive and marine applications (described in statistical reporting number 8481.80.9015)

71) Headlamp assemblies for passenger cars and trucks of subheading 8701.20 or heading 8702, 8703, 8704 or 8705, each comprising a plastic housing, a clear polycarbonate (“PC”) lens and light bulbs (described in statistical reporting number 8512.20.2040)

72) Battery holders for bicycle signaling apparatus (described in statistical reporting number 8512.90.2000)

73) Countertop ovens of stainless steel and plastic, each with capacity of not more than 23 liters and measuring not more than 48 cm in width, not more than 32 cm in depth, and not more than 30 cm in height, weighing not more than 10 kg, each oven with convection, bake, steam and broil functions, controlled manually or by a WiFi-enabled signal (described in statistical reporting number 8516.60.4074)

74) Resonant circuit tags, consisting of at least a tuned capacitor and an antenna, designed for use with a radio frequency surveillance system, the foregoing tags not equipped with memory storage capability or other media (described in statistical reporting number 8531.90.9001)

75) Die-cast aluminum alloy running boards for motor vehicles of headings 8701 to 8705, each measuring not more than 230 cm in length, not more than 21 cm in width and not more than 3 cm in thickness (described in statistical reporting number 8708.29.5060)

76) Unassembled non-upholstered chairs with metal frames (other than household chairs) with seats and backs having a shell of plastics or wood and measuring at least 48 cm but not more than 61 cm in width (described in statistical reporting number 9401.79.0050)

77) Floor-standing jewelry armoires of medium density fiberboard panels and wood veneer, with locking mechanism (described in statistical reporting number 9403.60.8081)

78) Floor-standing jewelry armoires with walnut finish, with locking mechanism, mirrored lid, multiple drawers and compartments, measuring not more than 46.5 cm in length, not more than 35 cm in width and not more than 96 cm in height (described in statistical reporting number 9403.60.8081)”

May 21, Modifications to Existing China 301 List 3 Exclusions

Separately, technical amendments have been made to the below 3 existing List 3 exclusions. These amendments are retroactive to September 24, 2018.

Original Language	Amended Language
Hand-operated pumps, weighing 350 g each, designed to inflate or deflate sports bal1s (described in statistical reporting number 8414.20.0000)	Hand-operated pumps, weighing no less than 350 g and no more than 360 g each, designed to inflate or deflate sports balls (described in statistical reporting number 8414.20.0000)
Articulating video monitor wall mounting assemblies of steel and aluminum, each weighing not less than 4 kg but not more than 7 kg (described in statistical reporting number 8302.50.0000)	Articulating video monitor mounting assemblies of steel and aluminum, each weighing not less than 1.5 kg but not more than 9.5 kg (described in statistical reporting number 8302.50.0000)
Polyester filament tow, weighing at least 225 ktex but not more than 275 ktex (described in statistical reporting number 5501.20.0000)	Polyester filament tow, measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.20.0000)
Polypropylene fiber tow weighing at least 225 ktex but not more than 275 ktex (described in statistical reporting number 5501.40.0000)	Polypropylene fiber tow measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.40.0000)