On August 31, 2020, the U.S. Trade Representative (USTR) announced the extension of eighty-seven (87) China Section 301 List 4A product exclusions set to expire on September 1, 2020. This means that the remaining one-hundred and twenty-eight (128) List 4A product exclusions will expire tomorrow. The 87 extended List 4A product exclusions cover a wide range of products, such as certain research monkeys, feathers, PVC foam pads, plastic bowls, cotton blankets, textile face masks, plastic medical products, wallpapers, baby clothing, athletic headgear, gas-powered augers, smart watches, LCD modules, acoustic pianos, pillows, paintings, postage stamps, and collector’s pieces of mineralogical interest. These extended China Section 301 List 4A product exclusions were only extended for four months; they will expire on December 31, 2020.
While the USTR did not publish a list of the 128 List 4A product exclusions that were not extended, this information is available in our comprehensive China Section 301 Product Exclusion Spreadsheet. The List 4A product exclusions that were not extended covered certain lithium-ion batteries, wristwatch parts, gloves, spectacle frames, pillow and comforter shells, Chinese language books, optical channel splitters, electric snowblowers, electric coffeemakers, digital optical scanners, and acoustic guitars.
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.