Compliments of Sandler, Travis & Rosenberg
We recommend you review this resource for a list of all exclusion information on Section 301 duties: https://www.strtrade.com/f-tariff-actions-resources.html
Effective Dec. 28, the Office of the U.S. Trade Representative is extending for 12 months the exclusions of the following List 1 products from the Section 301 additional 25 percent tariff on imports from China.
– HTSUS 8418.69.0120 (drinking water coolers, self-contained)
– HTSUS 8525.60.1010 (CB transceivers)
– roller machines with dies for embossing paper, manually powered (described in HTSUS 8420.10.9080)
– angle cock handle assemblies, of iron and steel, each measuring 11.43 cm by 21.59 cm by 5.08 cm and weighing 0.748 kg (described in HTSUS 8481.90.9040)
– radiation therapy systems, each encased by steel-based structural shell with gantry cover comprising three pairs of plastics-based panels (described in HTSUS 9022.14.0000)
– thermostats designed for air conditioning or heating systems, not designed to connect to the Internet, the foregoing designed for wall mounting (described in HTSUS 9032.10.0030)
These exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request. The scope of each exclusion is governed by the scope of the product descriptions and not by the product descriptions in any particular request.
USTR has declined to extend the other 33 exclusions granted in December 2018, which cover such items as spark-ignition engines for marine propulsion, stainless steel stretchers, plastic salad spinners, water filtration apparatus, winches, elevators, belt conveyors, work stands, and stainless steel guards, scrapers, and suction boxes. These exclusions will therefore expire as of Dec. 28, at which point the 25 percent additional tariff will again be imposed on covered goods.
From US Customs and Border Protection
Sixth Round of Product Exclusions from China
On December 17, 2019, the U.S. Trade Representative (USTR) published Federal Register (FR) Notice 84 FR 69012 announcing the decision to grant the sixth round of certain exclusion requests from the 10 percent duty, and later amended to 25 percent duty, assessed under the Section 301 investigation related to goods from China ($200B Action – Tranche 3).
These product exclusions relate to the imposed additional duties announced in 83 FR 47974 on Chinese goods with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The product exclusions announced in this notice will retroactively apply as of the September 24, 2018 effective date of the $200 billion action (Tranche 3), and will extend through August 7, 2020.
The exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 69012, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion. For ease of reference, a link to the entire Federal Register Notice is embedded in this message.
The functionality for the acceptance of the sixth round of products of China excluded from Section 301 duties will be available in the Automated Commercial Environment (ACE) as of Noon, December 19, 2019.
Instructions for importers, brokers and filers on submitting entries to CBP containing products granted exclusions by the USTR from the Section 301 measures as set out in 84 FR 69012 are as follow:
Duty exclusions granted by the USTR are retroactive for imports on or after the initial effective date of September 24, 2018. To request a refund of Section 301 duties paid on previous imports of products granted duty exclusions by the USTR, importers may file a Post Summary Correction (PSC) if within the PSC filing timeframe. If the entry is beyond the PSC filing timeframe, importers may protest the liquidation.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are Required).
Imports which have been granted a product exclusion from the Section 301 measures, and which are not subject to the Section 301 duties, are not covered by the Foreign Trade Zone (FTZ) provisions of the Section 301 Federal Register notices, but instead are subject to the FTZ provisions in 19 CFR part 146.
For ease of reference, Summaries of Section 301 Duties and Product Exclusion Notifications are as follows: Section 301 CSMS charts
Harmonized System Update (HSU) 1920 created December 19, 2019
HTS Changes for January 2020 – this is an informal list
Additional information may be obtained by contacting your Western Overseas representative.