On July 20, 2020, the U.S. Trade Representative (USTR) announced sixty-one (61) new China Section 301 List 4A product exclusions. These China Section 301 List 4A product exclusions are set forth in eleven (11) HTS subheadings covering certain feathers, staple fibers, spoons, ice skates, paintings, engravings, sculptures, collector’s pieces, and antiques, and fifty three (53) product descriptions covering a variety of goods, such as sodium alginate resins, boot hangers, exterior doors, plastic clamps and clips, plastic molded shells, PVC foam pads, bathrobes, baby clothes, blankets, sheets, pillow covers, oven mitts, spa and pool handrail covers, outdoor shelters, athletic headgear, galvanized steel fittings, electric snowblowers, cylindrical steel drives, embroidery machines, lithium-ion batteries with metal cases and other features, electric coffee makers, audio data wireless communication apparatus, incandescent lamps, aluminum headlight brackets, electric guitar kits, music synthesizer parts, air rifles, diving boards, swim masks, exercise machines, goat hair brushes, and collector’s coins. The notice also includes technical corrections to five (5) previously-approved product exclusions. These China Section 301 List 4A product exclusions are retroactive to September 1, 2019 and expire on September 1, 2020. Note the very limited effective date for upcoming shipments. Of the 8,780 List 4A product exclusion requests filed, only 206 remain undecided to date.
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 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.