On August 21, 2020, the U.S. Trade Representative (USTR) announced two new China Section 301 List 3 product exclusions covering certain wallets and chemical mixtures containing N,N-dimethyltetradecan-1-amine. While these new China Section 301 product exclusions were not announced until August 21, 2020, these product exclusions are retroactive to qualifying merchandise imported during the period of September 24, 2018 to August 7, 2020, but do not extend the period for the original exclusions. The USTR also amended eight (8) other previously-approved List 3 product exclusions. As the USTR has amended a number of China Section 301 product exclusions, clients should carefully review the China Section 301 product exclusions to ensure that merchandise falls within the scope of product exclusions.
The product exclusions from the China Section 301 duties are available for any importer for any product that falls within the special 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.