On May 21, 2020, the U.S. Trade Representative (USTR) announced seventy-eight (78) new China Section 301 List 3 product exclusions. These new product exclusions are set forth in seventeen (17) ten-digit HTSUS classifications covering certain beans, seeds, potassium sorbate, nonwoven fabrics, and plastic toddler beds and sixty-one (61) new product-specific descriptions covering a variety of goods such as certain freeze-dried products used for pet food, sodium permanganate, boron carbide, children’s painting sets, liquid soap, toilet seat rings, artificial graphite, refrigerant gas, silicone monoxide, washing machine tub seals, NBR grommets, handbags, coin purses, garment travel bags, flooring planks, wood boxes, wood dowel pins, diaries, hand-knotted pile rugs, painting canvas panel boards, scaffolding equipment, stainless steel drums or barrels, stainless steel screws, portable iron or steel grills, stainless steel cooking assemblies, pet identification tags, gun safes, wind turbine hubs, upright coolers, fuel filters, shipping scales, portal cranes, self-regulating fuel pressure valves, headlamp assemblies for automobiles, countertop ovens, aluminum vehicle running boards, and floor-standing jewelry armoires. In addition, the USTR modified the scope of six (6) previously approved List 3 product exclusions describing hand-operated pumps, articulating video monitor wall mounting assemblies, polyester filament and polyproplylene fiber tow, static converters, and 1,2-Dibromo-2,4-dicyanobutane. These China Section 301 List 3 product exclusions are retroactive to September 24, 2018 and expire on August 7, 2020. Note the very limited 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.