On December 22, the U.S. Trade Representative (USTR) announced the extension of seventy-nine (79) China Section 301 List 1, 2, 3, and 4A product exclusions and approval of nineteen (19) new List 1, 2, 3, and 4A product exclusions.  The items covered by these extended or new product exclusions are generally medical-care products, including certain ECG electrodes, blood pressure monitors, pulse oximeters, MRI enclosure devices, anesthesia masks and instruments, X-ray tables, inoculator sets, polyethylene film and sheet, hand-cleaning dispensers, gas sampling tubes, disposable gloves, soap or sanitizer hand pumps, microscopes, face shields, cold packs, woven gauze sponges, and protective articles.  The extended China Section 301 List 1, 2, 3, and 4A product exclusions will expire March 31, 2020.  The 19 new China Section 301 List 1, 2, 3, and 4A product exclusions will be effective from January 1, 2021 to March 31, 2021 and are not retroactive. 

Currently, five hundred thirty-four (534) China Section 301 List 1, 2, 3, and 4A product exclusions are in effect.  Of these, four hundred sixty-one (461) will now expire by December 28 or 31, 2020. 

The product exclusions from China Section 301 duties are available for any importer for any product that falls within the specific product descriptions and enumerated ten-digit HTSUS classifications.  This is true regardless of whether the importer filed the initial product exclusion request.  Clients may also benefit by filing Post-Summary Corrections (PSCs) or Protests for entries of goods covered by a product exclusion to secure refunds plus interest.  Unless liquidation extensions are granted, Protests may be required for liquidated entries.  It is important to identify affected entries and filing deadlines.  The refund process is complicated and should be carefully considered. 

Please contact Marshall Miller, Brian Murphy, Sean Murray, or Ryan Thornton with questions or for assistance.

Clients may contact Ryan Thornton to obtain an updated version of the comprehensive spreadsheet we have prepared of all product exclusions from China Section 301 duties to date, which includes expiration dates.