On February 20, 2020, the U.S. Trade Representative (“USTR”) announced that an additional product description will be excluded from the Section 301 trade remedies imposed on Chinese-origin products. The newly announced exclusion relates to items on China 301 List 2 (the $16 billion trade action) which, unless excluded, are subject to an additional tariff of 25% ad valorem. The newly-excluded item (which supplements the exclusions previously granted by the USTR) is provided below. The exclusion will be retroactive to August 23, 2018, 2018 (the date when the China 301 List 2 additional tariffs took effect) and is slated to remain in effect through October 1, 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 20, 2020 – Newly Excluded Item from China 301 List 2

• Skateboards with electric power for propulsion, of a power not exceeding 250 W (described in statistical reporting number 8711.60.0050).Separately, a technical amendment has been made to the below existing List 2 exclusion. This amendment is retroactive to October 2, 2019.

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
Exclusions Granted February 11, 2020

China 301 List 2

Exclusions Granted July 31, 2019
Exclusions Granted September 20, 2019
Exclusions Granted October 2, 2019
Exclusions Granted February 20, 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 20, 2020