On May 4, 2020, the U.S. Trade Representative (USTR) announced one-hundred and forty-six (146) new China Section 301 List 3 product exclusions. These new product exclusions are set forth in two (2) ten-digit HTSUS classifications covering certain packing containers and refractory bricks, blocks, and tiles and one-hundred and forty-four (144) new product-specific descriptions covering a variety of goods such as certain food products, chemicals, disposable cloths, graphite, catalysts, floor coverings, garden hoses, ATV rubber tires, backpacks, plywood sheets, laminated flooring, limestone, granite sinks, ceramic cylinders, rear-view mirrors, laboratory glassware, rail airbrake components, screwdrivers, kitchen handtools, utility knives, handbag clamps, aluminum carburetors, crankcases, agricultural sprayers, pallet jacks, machine tool castings, molds, regulator valves, throttle assembly valves, power supplies, battery chargers, insulated cables, bumpers, radiator tubes, stator shafts, bicycle wheel rims, tape measures, infant seats, upholstered chairs, cylinders, and LED lamps. In addition, the USTR modified the scope of three previously approved List 3 product exclusions describing pet leads, outdoor cookers, and glass shells. These China Section 301 List 3 product exclusions are retroactive to September 24, 2018 and expire on August 7, 2020. Note the very limited three-month effective date for upcoming shipments.
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.