On April 22, 2020, the U.S. Trade Representative (USTR) announced one-hundred and eight (108) new China Section 301 List 3 product exclusions. These new product exclusions are set forth in one (1) ten-digit HTSUS classifications covering certain parts of mechanical appliances for projecting, dispersing, spraying liquids or powders and one-hundred and seven (107) new product-specific descriptions covering certain chemicals, PVC wall panels, rubber cable protectors, polyester messenger bags, backpacks, duffel and garment bags, football chinstraps, faceplates, railroad pipe fittings, steel bolts, steel couplings, engine parts, blowers, scales, valves, electric motors, rectifiers, power adapters, robotic vacuum cleaners, electric heaters, air fryers, digital security systems, printed circuit board assemblies, fluorescent lamps, electrical insulators, aluminum wheels, hitches, bicycles and bicycle wheels, parts of meteorological instruments, balances, toddler beds, aluminum folding tables, steel work benches, bed rails, and LED lamps. These China Section 301 List 3 product exclusions are retroactive to September 24, 2018 and expire on August 7, 2020.
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 those entries now covered by a List 3 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.