UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED TO SEC. 301 LIST 3 PRODUCTS AND TECHNICAL AMENDMENTS TO PREVIOUS EXCLUSIONS

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UPDATE: USTR ANNOUNCES ADDITIONAL EXCLUSIONS GRANTED TO SEC. 301 LIST 3 PRODUCTS AND TECHNICAL AMENDMENTS TO PREVIOUS EXCLUSIONS

On February 19, 2020, the U.S. Trade Representative (“USTR”) announced that 47 additional HTS provisions and product descriptions 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 (the $200 billion trade action) which, unless excluded, are 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.

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.

February 19, 2020 – Newly Excluded Items from China 301 List 3

1) 6505.00.8015

2) Titanium dioxide (CAS No. 13463-67-7) (described in statistical reporting number 2823.00.0000)

3) D-Ribose (CAS No. 50-69-1) (described in statistical reporting number 2940.00.6000)

4) Mechanical articles for motor vehicles, of vulcanized rubber other than hard rubber, each comprising a guide or a stopper for a sunroof or sunshade and weighing not more than 4 g (described in statistical reporting number

4016.99.6010)

5) Stuff sacks with outer surface of textiles of man-made fibers, each measuring 77.5 cm or more but not over 127.7 cm in circumference, cylindrical in shape with a single compartment, a drawstring closure at one end and a strap at the other end of the sack (described in statistical reporting number 4202.92.3131)

6) Covers, of leather, designed for use with telecommunication devices (described in statistical reporting number 4205.00.8000)

7) Two-layer wood flooring consisting of a non-coniferous wood veneer measuring at least 0.6 mm but not more than 1.2 mm in thickness laminated to a single-layer base of fiberboard, each board measuring at least 9 cm but not

more than 21 cm in width, at least 35 cm but not more than 1.9 m in length and at least 5 mm but not more than 12 mm in thickness (described in statistical reporting number 4412.99.5105)

8) Desk accessories of medium density fiberboard, painted or stained, including but not limited to desk organizers, letter trays, business card holders, incline files, pencil cups, note holders, corner shelves, monitor risers, magazine

holders, book ends and storage caddies, each weighing at least 0.06 kg but not more than 5.5 kg, measuring at least 10 cm but not more than 35 cm in length, at least 4 cm but not more than 43 cm in width and at least 4.5 cm or more but not more than 30 cm in height (described in statistical reporting number 4420.90.8000)

9) Fabrics wholly of cotton, unbleached, plain weave, weighing not more than 100 g/m², of numbers 43 to 68 (“cheesecloth”), 3-layer folded and crimped, less than 28 cm wide after folding and crimping, compliant with standards of Aerospace Management Services (AMS) (described in statistical reporting number 5208.11.4090)

10) Fabrics wholly of cotton, bleached, plain weave, weighing not more than 100 g/m², of numbers 43 to 68 (“cheesecloth”), compliant with standards of Aerospace Management Services (AMS) (described in statistical reporting number 5208.21.4090)

11) Woven fabrics of synthetic filament yarn, dyed, weighing more than 280 g/m2 but not more than 420 g/m2 (described in statistical reporting number 5407.92.2090)

12) Sheeting fabrics containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, such artificial staple fibers derived from wood, printed (described in statistical reporting number 5516.44.0022)

13) Non-woven fabrics of polyethylene terephthalate (PET), in sheets measuring not more than 160 cm by 250 cm, weighing more than 1,800 g/m2 but not more than 3,000 g/m2 (described in statistical reporting number 5603.94.9090)

14) Fabrics wholly of polyester, warp knit, bonded to a plain weave backing fabric, measuring not more than 141 cm in width, weighing over 271 g/m2, of a kind used to upholster furniture (described in statistical reporting number

6001.92.0010)

15) Knitted or crocheted fabrics of artificial staple fibers derived from bamboo (described in statistical reporting number 6003.40.6000)

16) Fabrics wholly of polyester, warp knit, printed, bonded to a woven backing wholly of polyester, weighing not less than 290 g/m2 but not more than 500 g/m2, of a kind used to upholster furniture (described in statistical reporting number 6005.39.0080)

17) Portable outdoor cookers, each consisting of a burner and stand made from steel and cast iron, two or more pots with fitted strainer baskets, a rack suitable for supporting and lifting out large food items and an adjustable pressure regulator/hose combination for connecting the burner to a portable container of LP, put up for retail sale (described in statistical reporting number 7321.11.1060)

18) Sewer hose supports constructed of flat strips of aluminum measuring 0.3 cm in thickness and riveted together to extend and retract accordion-style, each not exceeding 4.6 m when extended and weighing not more than 1.5 kg (described in statistical reporting number 7616.99.5150)

19) Clamp edge components of aluminum, with injection molded clamp heads and levers, measuring not less than 60 cm but not more than 127 cm in length, with extensions to 254 cm in length (described in statistical reporting number 7616.99.5190)

20) Shovels of aluminum, each of adjustable length measuring not less than 65 cm but not more than 85 cm, weighing less than 1 kg (described in statistical reporting number 8201.10.0000)

21) Automotive polishing attachments specially designed for use with a hand-held drill, each attachment including a 9.5 mm steel drive shaft, internal gear assembly, transverse hand brace and rotating disk components (described in

statistical reporting number 8207.90.7585)

22) 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)

23) Fuel filters for internal combustion engines, each consisting of a cylindrical case of plastics with an internal mesh filter measuring not more than 8 cm in length and not more than 5.5 cm in diameter (described in statistical reporting number 8421.23.0000)

24) Digital electronic scales (other than counting scales or retail scales) having a maximum weighing capacity not exceeding 30 kg (described in statistical reporting number 8423.81.0040)

25) Jacks of steel with zinc coating for supporting the tongues of trailers, each measuring not less than 60 cm in retracted condition and not less than 85 cm in extended condition, with a maximum width of 17 cm and a maximum load capacity of 455 kg (described in statistical reporting number 8425.49.0000)

26) Lottery ticket vending terminals, each terminal including a touchscreen monitor, barcode scanner, Wi-fi/Ethernet/Bluetooth connectivities, six USB ports, two LAN ports and two serial ports (described in statistical reporting number 8470.90.0190)

27) Hand-operated flat-back gate valves of cast iron, designed for use with irrigation canals, diversion ditches and the like (described in statistical reporting number 8481.80.3010)

28) Hand-operated spigot-back gate valves of cast iron, for irrigation canals, diversion ditches and the like (described in statistical reporting number 8481.80.3010)

29) AC motors, single phase, each of an output exceeding 74.6 W but not exceeding 335 W, measuring not more than 13 cm in diameter and not more than 13 cm in height and with a shaft measuring not more than 39 cm in

length (described in statistical reporting number 8501.40.4040)

30) 48 V rectifiers for telecommunications wireline and wireless apparatus, each with output of not less than 2,400 W but not more than 3,000 W, measuring not more than 45 mm by 105 mm by 330 mm, weighing not more than 2 kg (described in statistical reporting number 8504.40.8500)

31) 48 V rectifiers for telecommunications wireline and wireless apparatus, each with output of not less than 4,000 W but not more than 4,600 W, measuring not more than 165 mm by 95 mm by 305 mm, weighing not more than 4 kg (described in statistical reporting number 8504.40.8500)

32) 48 V rectifiers for telecommunications wireline and wireless apparatus, each with output of not more than 1,200 W output, measuring not more than 50 mm by 90 mm by 260 mm, weighing not more than 1 kg (described in statistical reporting number 8504.40.8500)

33) Power supplies for cable networks, that convert 120 V/60 Hz AC input to either 63 V AC or 87 V AC output, each measuring not more than 200 mm by 425 mm by 270 mm and weighing not more than 27.5 kg, containing printed circuit board assemblies, a transformer, and an oil filled capacitor (described in statistical reporting number 8504.40.8500)

34) Power supplies for cable networks, that converts 120 V/60 Hz AC or 230 V/50 Hz AC input to 63 V AC or 87 V AC output, each measuring not more than 220 mm by 244 mm by 200 mm and weighing not more than 12 kg

(described in statistical reporting number 8504.40.8500)

35) Power supplies for fiber optic communications equipment, that convert 120-240 V AC to 12 V DC, each measuring no more than 170 mm by 200 mm by 115 mm and having four LED indicators (described in statistical reporting number 8504.40.8500)

36) Quad output power modules with cut-outs on one side for air flow, each containing a printed circuit board and 4 LED indicators, with external dimensions measuring not more than 361 mm by 125 mm by 75 mm, each

weighing not more than 1 kg (described in statistical reporting number 8504.40.8500)

37) Power supplies with a power output exceeding 150 W but not exceeding 180 W, 120 V, each measuring no more than 90 mm by 395 mm by 625 mm (described in statistical reporting number 8504.40.9530)

38) Power supplies, each with 120 V AC input and output, measuring not more than 485 mm by 385 mm by 260 mm, weighing not more than 15 kg, to provide not more than 660 W of power in an uninterruptible manner in the

event that a normal source of power fails (described in statistical reporting number 8504.40.9540)

39) Power supplies, each with 120 V AC input and output, measuring not more than 530 mm by 355 mm by 205 mm, weighing not more than 20 kg, to provide not more than 2,000 W of power in an uninterruptible manner in the

event that a normal source of power fails (described in statistical reporting number 8504.40.9540)

40) Electrical inverters (other than rectifiers, power supplies for automatic data processing equipment or for telecommunications apparatus), each measuring not more than 190 mm by 160 mm by 255 mm, weighing not more than 2.5 kg (described in statistical reporting number 8504.40.9570)

41) Tags for acousto-magnetic security systems (described in statistical reporting number 8531.90.9001)

42) Cable lugs of copper, for a voltage not exceeding 1,000 V, each measuring at least 12 mm but not more than 155 mm in length (described in statistical reporting number 8536.69.8000)

43) Printed circuit board assemblies, for a voltage not exceeding 1,000 V, each measuring 3 mm by 169 mm by 137.5 mm, presented with four relays mounted down the center of the assembly and fitted with connectors

(described in statistical reporting number 8537.10.9150)

44) Electric conductors for a voltage not exceeding 300 V, insulated with polyvinyl chloride (PVC), each fitted with connectors, measuring not less than 200 mm and not more than 1.2 m in length (described in statistical reporting

number 8544.42.9090)

45) Toddler beds of wood, with bars to keep toddler from falling out (described in statistical reporting number 9403.50.9042)

46) Fireplace mantels or surrounds of wood (described in statistical reporting number 9403.60.8081)

47) Parts of office furniture, each consisting of a modular table base and support of base metals, with electric height adjustment mechanism, weighing not more than 40 kg (described in statistical reporting number 9403.90.8041)

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
Anti-vibration control components of ASTM A519 1020 cold-drawn precision mechanical tubing of steel, valued over $0.50 each but not over $0.60 each, for motor vehicles of headings 8701 to 8705 (other than for tractors suitable for agricultural use) (described in statistical reporting number 8708.99.8180)	Anti-vibration control components of ASTM A519 1020 cold-drawn precision mechanical tubing of steel, valued over $0.40 each but not over $0.80 each, for motor vehicles of headings 8701 to 8705 (other than for tractors suitable for agricultural use) (described in statistical reporting number 8708.99.8180)
Dog and cat leashes, collars, harnesses, retractable leashes, muzzles, and head halters of nylon, polyester or soy-based webbing of various sizes; and tie out cables, stakes and aerials of iron or steel of various sizes, such cables, stakes and aerials presented in a form to be sold individually or in sets (described in statistical reporting number 4201.00.3000)	Dog leads, collars, harnesses, retractable leads, muzzles, and head halters of nylon, polyester or soy-based webbing of various sizes; and tie out cables and aerials, of iron or steel (described in statistical reporting number 4201.00.3000)
Electric household table or desk lamps, of base metal other than brass, each measuring 38 cm or more but not over 87 cm in height, with light-emitting diode (LED) lamp as light source and featuring an AC outlet, a charging pad and USB port designed for the charging of electronic devices (described in statistical reporting number 9405.20.6010)	Electric household table or desk lamps, of base metal other than brass, each measuring 38 cm or more but not over 87 cm in height, with light-emitting diode (LED) lamp as light source and featuring an AC outlet, a charging pad or USB port designed for the charging of electronic devices (described in statistical reporting number 9405.20.6010)