On September 30, 2020, the U.S. Trade Representative (USTR) announced the extension of nine (9) China Section 301 List 1 product exclusions set to expire on October 2, 2020. The USTR also announced the extension of twenty-eight (28) List 2 product exclusions set to expire on October 2, 2020. The nine extended List 1 product exclusions cover certain parts and accessories for instruments used to measure or detect ionizing radiations, steel dies, operator riding self-propelled aerial work platforms, cement retainer assemblies, extrusion machines for rubber processing, brass and bronze safety valves, DC electric motors, and PET/CT scanners. The twenty-eight extended List 2 product exclusions cover certain elastomeric petroleum resins, machine tool stands, electric motors, circuit and current interrupters, infrared motion sensing switches, coupler assemblies, components used in buffering/cushioning systems, Type F knuckles, digital clinical thermometers, and portable electrical gas monitors. The extended China Section 301 List 1 and 2 product exclusions were only extended for approximately three months: they will expire on December 31, 2020.
The product exclusions from the 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.
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.