UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS

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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED ON SEC. 301 LIST 4 PRODUCTS

On March 25, 2020, the U.S. Trade Representative (“USTR”) announced that 12 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.

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.

March 25, 2020 – Newly Excluded Items from China 301 List 4

1) 0505.10.0050

2) 3926.90.9925

3) 6506.10.3045

4) 8512.10.2000

5) 8528.72.6420

6) Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (described in statistical reporting number 3926.90.9990)

7) Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (described in statistical reporting number 3926.90.9990)

8) Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (described in statistical reporting number 3926.90.9990)

9) Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (described in statistical reporting number 3926.90.9990)

10) Ice bags of textile materials, for treating injuries or soreness, each refillable (described in statistical reporting number 6307.90.9889)

11) Identification wristbands of textile materials, each with a blank panel (described in statistical reporting number 6307.90.9889)

12) Apparatus suitable for wearing on the wrist, having time-display functions, each article having an accelerometer and being capable of displaying and transmitting data sent to it by a network (e.g., portable ADP unit, LAN or cellular network) (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

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