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

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

On April 23, 2020, the U.S. Trade Representative (“USTR”) announced that 108 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 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.

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.

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.

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.

April 23, 2020 – Newly Excluded Items from China 301 List 3

1) 8424.90.9080

2) Seeds of mung beans (Vigna radiata (L.) Wilczek) of a kind used for sowing (described in statistical reporting number 0713.31.1000)

3) Preparations of chopped garlic, certified organic, packaged with water, citric acid, and salt, put up for retail sale (described in statistical reporting number 2005.99.9700)

4) Aluminum hydroxide (CAS No. 21645-51-2) in powder form (described in statistical reporting number 2818.30.0000)

5) Cubic boron nitride (CAS No. 10043-11-5) (described in statistical reporting number 2850.00.5000)

6) 2-Ethoxynaphthalene (CAS No. 93-18-5) (described in statistical reporting number

2909.30.2000)

7) 1-(4-tert-Butyl-2,6-dimethyl-3,5-dinitrophenyl)ethanone (Musk ketone) (CAS No.

81-14-1) (described in statistical reporting number 2914.79.1000)

8) 2-Cyclohexylethyl acetate (CAS No. 21722-83-8) (described in statistical reporting number 2915.39.4550)

9) Glyoxylic acid (IUPAC name: 2-oxoacetic acid) (CAS No. 298-12-4), imported as a

50-percent aqueous solution (described in statistical reporting number 2918.30.9000)

10) 1-Cyanoguanidine (Dicyandiamide) (CAS No. 461-58-5) (described in statistical reporting number 2926.20.0000)

11) 1,2-Dibromo-2,4-dicyanobutane (IUPAC Name: 2-bromo-2-(bromomethyl)pentanedinitrile) (CAS No. 356-65-7) (described in statistical reporting number 2926.90.5050)

12) Mixtures of hydrofluorocarbons, containing 40 to 44 percent by weight of 1,1,1,2 tetrafluoroethane (CAS No. 811-97-2), 56 to 60 percent by weight of pentafluoroethane (CAS No. 354-33-6) and up to 2 percent by weight of lubricating oil (described in statistical reporting number 3824.78.0020)

13) Mixtures containing 2-(dimethylamino)ethanol (CAS No. 108-01-0) (described in statistical reporting number 3824.99.9297)

14) Sacks and bags of plant-based materials including cornstarch, biodegradable, not containing polyethylene (described in statistical reporting number 3923.29.0000)

15) Wall panels of cellulose polyvinyl chloride, each measuring not less than 123 cm but not more than 245 cm in length, not more than 184 cm in height, and not more than 3 cm in width, put up for retail sale in packs of 6 panels weighing not less than 13.5 kg and not more than 29 kg (described in statistical reporting number 3925.90.0000)

16) Cable protectors of rubber, each measuring not more than 91 cm in length, not more than 51 cm in width and not more than 5.2 cm in height, with 5 channels for multiple cables or hoses not more than 3.8 cm in diameter, with a lid of polyvinyl chloride, weighing not more than 14.5 kg, with a load capacity of not more than 8,200 kg (described in statistical reporting number 4016.99.6050)

17) Parking stops of recycled rubber, each measuring not more than 123 cm in length, not more than 15.5 cm in width and not more than 10.5 cm in height, weighing not more than 16 kg (described in statistical reporting number 4016.99.6050)

18) Messenger bags of polyester, each measuring not more than 50 cm by 38 cm by 11 cm, weighing not more than 2.5 kg (described in statistical reporting number 4202.12.8130)

19) Backpacks with hydration system, each measuring not more than 51 cm by 28 cm by 9 cm, weighing not more than 1 kg (described in statistical reporting number 4202.92.0400)

20) Backpacks of 66.66 tex polyester, without hydration systems, each measuring not more than 57 cm by 44 cm by 11 cm (described in statistical reporting number 4202.92.3120)

21) Duffel bags of polyester, each measuring not more than 81 cm by 39 cm by 11 cm, weighing not more than 7 kg (described in statistical reporting number 4202.92.3131)

22) Duffel bags made predominantly of man-made fibers, each measuring not more than

98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels (described in statistical reporting number 4202.92.3131)

23) Garment bags of polyester, each measuring not more than 69 cm by 46 cm by 11 cm, weighing not more than 2 kg (described in statistical reporting number 4202.92.3131)

24) Shaving/toiletry bags of polyester, each measuring not more than 30 cm by 28 cm by 11 cm, weighing not more than 1 kg (described in statistical reporting number 4202.92.3131)

25) Padfolios of faux leather or polyester, with or without zippers, each containing a writing pad (described in statistical reporting number 4820.10.2020)

26) Binders with polyester covers, weighing less than 800 g, each measuring less than 36

cm in length, less than 25 cm in width, and less than 6 cm in depth (described in statistical reporting number 4820.30.0040)

27) Chinstraps designed for use on football helmets, each with webbing of woven polyester fabric encased in PVC, foam padding of closed cell foam and buckle clasp of stainless steel (described in statistical reporting number 6507.00.0000)

28) Front pads and side pads designed for use on football helmets, each helmet with a vinyl top and bottom of PVC, foam padding of closed cell foam and a buckle clasp of stainless steel (described in statistical reporting number 6507.00.0000)

29) Fiber optic faceplates in the form of sealed glass funnels, for actual use in cathode-ray tubes (CRTs), round, each not more than 5.4 cm in diameter, weighing not more than 78 g, with a maximum thickness of 1.15 cm (described in statistical reporting number 7011.20.4500)

30) Glass faceplates for cathode-ray tubes (CRTs), round, each measuring not more than 8 cm in diameter, not more than 0.36 cm at center thickness, and weighing not more than 50 g (described in statistical reporting number 7011.20.4500)

31) Railroad air brake pipe fitting branch pipe tees of carbon or alloy steel (cast steel), not threaded, with welded sockets, each measuring not less than 7 cm by 5 cm by 5 cm but not more than 11 cm by 13 cm by 13 cm, weighing not less than 0.4 kg but not more than 2.4 kg, conforming to the Association of American Railroads (AAR) specifications S-400 (described in statistical reporting number 7307.19.9080)

32) Railroad tank car serpentine pipe fittings of carbon or alloy steel (cast steel), not threaded but welded to connect to pipes, each weighing not less than 0.9 kg but not more than 3.4 kg, measuring not less than 12 cm by 7 cm by 2 cm but not more than 16 cm by 13 cm by 11 cm, conforming to the Association of American Railroads (AAR) specifications M-1002 (described in statistical reporting number 7307.19.9080)

33) Tire chains of iron or nonalloy steel, with links not over 10 mm in diameter (described in statistical reporting number 7315.82.5000)

34) Bolts of galvanized steel, each with hexagonal heads which are fitted with plastic knobs to facilitate installation into a steel nut incorporated in awnings, having threads with a diameter of 6 mm or more (described in statistical reporting number 7318.15.2065)

35) Hose crimp collars of stainless steel, each weighing not more than 0.1 kg, measuring not more than 2.7 cm in diameter, not less than 1.4 cm but not more than 4.2 cm in length, not less than 1.3 cm but not more than 4.3 cm round (described in statistical reporting number 7326.90.8688)

36) Quick connect body sleeve couplings of steel, with cylinder shape, each measuring not more than 3 cm in length and not more than 4 cm in diameter (described in statistical reporting number 7326.90.8688)

37) Bismuth metal (described in statistical reporting number 8106.00.0000)

38) Flexible tubing of stainless steel, each with an inner hose with garden hose fittings, weighing not more than 1.5 kg, measuring not less than 760 cm but not more than 3,052 cm in length (described in statistical reporting number 8307.10.3000)

39) Buckles of stainless steel, each incorporating a snap fastener socket and adjustment teeth, designed for use with football helmet chin straps (described in statistical reporting number 8308.90.6000)

40) Sign plates, name plates, address plates, or similar plates of chromium plated base metals or of nickel or aluminum, each weighing not less than 4 g (described in statistical reporting number 8310.00.0000)

41) Parts suitable for use solely or principally with spark-ignition internal combustion piston engines of heading 8407 for marine propulsion (other than cast-iron parts, not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery or connecting rods) (described in statistical reporting number 8409.91.9290)

42) Parts suitable for use solely or principally with spark-ignition internal combustion piston engines of heading 8407 (other than for aircraft engines, cast-iron parts, not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery, for vehicles of subheading 8701.20 or heading 8702, 8703 or 8704, for marine propulsion engines or connecting rods) (described in statistical reporting number 8409.91.9990)

43) DC blowers for use in motor vehicle climate control systems, each measuring no less than 328 mm by 127 mm by 107 mm and no more than 352 mm by 209 mm by 162 mm (described in statistical reporting number 8414.59.6540)

44) DC centrifugal radial blowers, each measuring not less than 350 mm by 127 mm by 107 mm and not more than 350 mm by 168 mm by 140 mm, of an output of 115 W to 280 W, and weighing at least 1.85 kg and no more than 2.08 kg (described in statistical reporting number 8414.59.6560)

45) Electrical/battery operated axial leaf blowers (described in statistical reporting number 8414.59.6590)

46) Parts of fans, consisting of column assemblies comprising telescoping steel tubes, each with a mechanism to lock the assembly at a desired length, and front grills of steel, the foregoing for use in the manufacture of household pedestal fans (described in statistical reporting number 8414.90.1040)

47) Retail computing scales, digital with tactile keypad or VGA display, with a maximum weighing capacity of not less than 10 kg but not more than 15.5 kg, measuring not less than 15 cm in width by 21 cm depth but not more than 41 cm in width by 25 cm in depth (described in statistical reporting number 8423.81.0030)

48) Compact portable shipping scales, of stainless steel, with a maximum weighing capacity of not more than 16 kg, with a digital display, weight below hook, and handles, measuring not less than 19 cm in width, not less than 21 cm in depth, not less than 3 cm in height but not more than 52 cm in width, not more than 41 cm in depth, not more than 13 cm in height (described in statistical reporting number 8423.81.0040)

49) Hand-operated trunnion mounted ball valves of steel, each measuring over 5 cm but not exceeding 60 cm in diameter (described in statistical reporting number 8481.80.3070)

50) Parts of spark-ignition internal combustion piston engines or rotary engines, consisting of transmission shafts (including camshafts and crankshafts) and cranks, the foregoing of machined cast iron or other ferrous metals, other than for engines of vehicles of chapter 87 (described in statistical reporting number 8483.10.1050)

51) Manual valve actuators, traveling nut type, of iron, each measuring over 20 cm but not exceeding 200 cm in length, suitable for use with ball, butterfly, plug or quadrosphere valves (described in statistical reporting number 8483.40.5010)

52) Electric gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 38 W or more but not exceeding 74.5 W, each enclosed in a housing of plastics measuring 12 cm or more but not more than 17 cm in length, which pivots at the end of a support of plastics, the other end of which houses on-off-oscillate and speed controls (described in statistical reporting number 8501.40.2020)

53) Electric gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 38 W or more but not exceeding 74.5 W, each enclosed in a housing of plastics measuring 13 cm or more but not more than 16 cm in length, which pivots at the end of a support of plastics, the other end of which houses on-off and speed controls (described in statistical reporting number 8501.40.2020)

54) Electric gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 38 W or more but not exceeding 74.5 W, each enclosed in a housing of plastics with on-off and speed controls (described in statistical reporting number 8501.40.2020)

55) Electric motors other than gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 60 W or more but not exceeding 74.5 W, each with a rotary switch attached by insulated conductors, enclosed in a housing of base metals (described in statistical reporting number 8501.40.2040)

56) Electric gear motors, single phase AC, of an output of 74.6 W or more but not exceeding 228 W, each with a spring, a coupling, and a locking connector, the assembly measuring not more than 30 cm in length, not more than 11 cm in width, not more than 16 cm in height (described in statistical reporting number 8501.40.4020)

57) Electric gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 75 W or more but not exceeding 95 W, enclosed in a housing of plastics which pivots at the end of a support of plastics, the other end of which houses on-offoscillate and speed controls (described in statistical reporting number 8501.40.4020)

58) Electric motors other than gear motors, single-phase AC, 4-pole permanent split capacitor type, of an output of 75 W or more but not exceeding 110 W, each with a switch attached by insulated conductors, enclosed in a round housing of base metals with outside diameter measuring 85 mm or more but not exceeding 95 mm (described in statistical reporting number 8501.40.4040)

59) Power supplies for automatic data processing machines, each with a power output exceeding 50 W but not exceeding 150 W, weighing not more than 0.5 kg, measuring not more than 12.5 cm in length, not more than 5.6 cm in width and not more than 3.4 cm in depth, with integrated surge protection (described in statistical reporting number 8504.40.7007)

60) Rectifiers for charging of batteries, each measuring at least 275 mm but not more than 281 mm in length, at least 243 mm but not more than 249 mm in width and at least 102 mm but not more than 116 mm in height; weighing less than 5 kg, with input and output wires with connectors and attached mounting bracket (described in statistical reporting number 8504.40.9550)

61) Power adapters for a weather sensor or weather station display (described in statistical reporting number 8504.40.9580)

62) Robotic vacuum cleaners designed for residential use, each with a self-contained electric motor of a power not exceeding 50 W and dust bag/receptacle capacity not exceeding 1 L, whether or not shipped with accessories (described in statistical reporting number 8508.11.0000)

63) Ignition coils for spark-ignition internal combustion engines of a kind used in outdoor power equipment (described in statistical reporting number 8511.30.0080)

64) Solenoid switches used in starter systems of internal combustion engines suitable for use in outdoor power equipment (described in statistical reporting number 8511.80.6000)

65) Fan-forced portable electric heaters, each with a ceramic heating element (described in statistical reporting number 8516.29.0030)

66) Fan-forced portable electric heaters, each with a resistance heating element (described in statistical reporting number 8516.29.0030)

67) Portable countertop air fryers of a kind used for domestic purposes (described in statistical reporting number 8516.60.4070)

68) Tubular electric heating resistors (described in statistical reporting number 8516.80.8000)

69) Closed-loop, digital, video security systems, each consisting of one 4- or 8-channel network video recorder (NVR) or one 4- channel gateway that connects wirelessly at least 2 but no more than 8 color television cameras in housings of plastics, cables and power adapters, put up for retail sale (described in statistical reporting number 8525.80.3010)

70) Closed-loop, digital, video security systems, each consisting of one 4-, 8- or 16-channel digital video recorder (DVR) that connects via cables to at least 2 but no more than 16 color television cameras in housings of plastics, cables and power adapters, put up for retail sale (described in statistical reporting number 8525.80.3010)

71) Indicator panels incorporating light emitting diodes (LEDs), black plastic vacuum form or injection molding backing, with digital or illuminated border, capable of displaying words (described in statistical reporting number 8531.20.0040)

72) Printed circuit board assemblies specially designed to control sound signals (alarms) in medical infusion pumps (described in statistical reporting number 8531.90.3000)

73) Wall-mounted receptacles conforming to types 1-15R, 5-15R or 5-20R of the National Electrical Manufacturers Association (NEMA), for a voltage not exceeding 1,000 V, with one or more standard sockets, whether or not incorporating one or more USB ports (described in statistical reporting number 8536.69.8000)

74) Controllers rated at 120 V, 60 Hz, suitable for electrically controlling hospital beds (described in statistical reporting number 8537.10.9170)

75) Electric power control bases, which switch an electric load between sources, either manually or automatically, for a voltage not exceeding 1,000 V (described in statistical reporting number 8537.10.9170)

76) Electric power control boards, designed for use in gas absorption refrigerators for recreational vehicles (described in statistical reporting number 8537.10.9170)

77) Printed circuit board assemblies specially designed to control medical infusion pumps (described in statistical reporting number 8537.10.9170)

78) T8 tubular fluorescent lamps, each measuring not less than 60 cm but not exceeding 118 cm in length (described in statistical reporting number 8539.31.0070)

79) Insulated electrical wiring harnesses with control cords, fitted with connectors, for a voltage not exceeding 1,000 V, for incorporation into gas absorption refrigerators for recreational vehicles (described in statistical reporting number 8544.42.9090)

80) Electrical insulators of ceramics, used in high-voltage, low-frequency electrical systems (described in statistical reporting number 8546.20.0030)

81) Ceramic electrical insulators of alumina for gas ignition electrode assemblies, each measuring at least 6.6 cm but not more than 11.5 cm in length and not more than 0.95 cm in diameter, weighing not more than 25 g (described in statistical reporting number 8546.20.0090)

82) Tire carrier attachments, roof racks, fender liners, side protective attachments, the foregoing of steel (described in statistical reporting number 8708.29.5060)

83) Road wheels of cast aluminum for vehicles of heading 8703, each measuring 30 cm or more but not exceeding 56 cm in diameter and 15 cm or more but not over 31 cm in width (whether described in statistical reporting number 8708.70.4545 prior to January 1, 2020 or described in statistical reporting number 8708.70.4548 post January 1, 2020)

84) Heater coils for use with the motor vehicles of headings 8701 to 8705, composed of steel, copper, aluminum and plastic, each not less than 184 mm and not more than 355 mm in height, not less than 350 mm and not more than 774 mm in length and not less than 32 mm and not more than 308 mm in width, each rated at not less than 6,300 kcal per hour and not more than 22,700 kcal per hour (described in statistical reporting number 8708.99.8180)

85) Hitch riser plates of AISI 8620 alloy steel, each weighing not less than 94 g and not more than 96 g (described in statistical reporting number 8708.99.8180)

86) Hitches of powder-coated steel for use with the motor vehicles of headings 8701 to 8705, designed to distribute weight, incorporating an adjustable sway control clamp, an adjustable hitch head and a chrome-plated hitch ball, each ball not less than 5.5 cm and not more than 6 cm in diameter, each hitch weighing not less than 40 kg and not more than 41 kg (described in statistical reporting number 8708.99.8180)

87) Hitches of powder-coated steel for use with the motor vehicles of headings 8701 to 8705, for mounting in the bed of a truck, each incorporating two stationary legs, a head, a cross member, a slider, rail adapters, automatic locking jaws and a secondary handle lock, with an adjustable height not less than 36 cm and not more than 46 cm, with a gross trailer weight (GTW) capacity of not more than 9,980 kg (described in statistical reporting number 8708.99.8180)

88) Bicycles having both wheels exceeding 63.5 cm in diameter, weighing less than 16.3 kg complete without accessories and not designed for use with tires having a crosssectional diameter exceeding 4.13 cm, multi-speed (described in statistical reporting number 8712.00.2500)

89) Bicycles of aluminum having both wheels exceeding 25 cm but not exceeding 70 cm, each valued at less than $45 (described in statistical reporting number 8712.00.4800)

90) Bicycle wheel rims, each not less than 30 cm and not more than 75 cm in diameter (described in statistical reporting number 8714.92.1000)

91) Bicycle wheel rims of aluminum, each not less than 451 mm and not more than 622 mm in diameter (described in statistical reporting number 8714.92.1000)

92) Wheel hubs and spoke hubs for use on trailers or semi-trailers (described in statistical reporting number 8716.90.5060)

93) Levels, each with a frame of ABS plastics and a paraffin mineral oil filled glass vial, measuring 10.16 cm in length and 3.81 cm in width (described in statistical reporting number 9015.30.8000)

94) Parts and accessories of meteorological instruments and appliances, each consisting of a wind vane made of plastics and base metal weighing no more than 25 g (described in statistical reporting number 9015.90.0190)

95) Parts and accessories of meteorological instruments and appliances, each consisting of an assembly comprising 3 rotating wind cups, bearings, an internal aspirating fan and one or more solar panels (described in statistical reporting number 9015.90.0190)

96) Parts and accessories of meteorological instruments and appliances, each consisting of an assembly made of plastic and metal comprising 3 wind cups weighing no more than 35 g (described in statistical reporting number 9015.90.0190)

97) Laboratory balances with sensitivity of 5 cg or better, with weighing capacity not exceeding 220 g, with touchscreen display, with chemical resistant full metal housing (described in statistical reporting number 9016.00.2000)

98) Portable electrical balances with sensitivity of 5 cg or better, of stainless steel (described in statistical reporting number 9016.00.2000)

99) 60-minute mechanical count-down kitchen timers (described in statistical reporting number 9106.90.8500)

100) Toddler beds, bassinets and cradles, of metal (described in statistical reporting number 9403.20.0017)

101) Adjustable height folding tables of aluminum, each measuring no more than 183 cm by 122 cm by 72 cm (described in statistical reporting number 9403.20.0090)

102) Steel mobile tool carts on castors, each measuring not less than 40 cm by 40 cm by 46 cm but not more than 184 cm by 108 cm by 184 cm fitted with two locking cabinets, drawers, and trays (described in statistical reporting number 9403.20.0090)

103) Tables of stainless steel, each measuring not less than 60 cm but not more than 189 cm in width, not less than 50 cm and not more than 77 cm in depth and not more than 92 cm in height, with adjustable legs (described in statistical reporting number 9403.20.0090)

104) Work benches of steel, each measuring not less than 152 cm in width and not more than 49 cm in depth, fitted with castors, wood work surfaces of rubberwood and multiple drawers (described in statistical reporting number 9403.20.0090)

105) Changing tables of wood (described in statistical reporting number 9403.60.8081)

106) Bed rails, each of which attaches to the side of a bed to prevent the occupant of the bed from rolling out, with a nylon mesh fabric cover (described in statistical reporting number 9403.90.8041)

107) Candle-shaped lamps, each measuring at least 15 cm but not more than 39 cm in height, incorporating a light-emitting diode (LED) and a switch, powered by batteries or 120 V mains (described in statistical reporting number 9405.40.8440)

108) Tripods of galvanized steel, each measuring not over 1.2 m in height by 0.2 m in width by 0.2 m in depth, weighing not over 5.5 kg (described in statistical reporting number 9620.00.3090)

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

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