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6th Tranche of Section 301 List 1 Exclusions Issued

Jul 17, 2019

The U.S. Trade Representative (USTR), approved a 6th Tranche of products excluded  from Section 301 duties for List 1 products. This tranche covers 362 separate exclusion requests. Imported product must meet the requirements of one of the 110 specific product descriptions to be excluded from Section 301.

Section 301 additional duties apply to certain Chinese origin product, and were initiated due to China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation, which threaten the long-term competitiveness of the U.S.

Please see Customs and Border Protection’s (CBP’s) Section 301 HTSUS Reference Guide for a list of affected tariffs.

Previously approved exclusions for Section 301 List 1 products, include:

  • 464 separate exclusion requests granted on June 4, 2019,
  • 515 separate exclusions requests granted on May 14, 2019,
  • 348 separate exclusions requests granted on April 18, 2019,
  • 87 exclusion requests granted on March 25, 2019, and
  • nearly 1,000 separate exclusion requests granted on December 28, 2018.

Note that the USTR periodically announces their decisions approving product exclusion requests.

Approved List One exclusions apply for product entering the U.S. on or after July 6, 2018, and extend for one year from the date of publication of the notice.

A new HTS number of 9903.88.11 was created for this 6th tranche of excluded products.

To refund duties previously paid under any of Section 301 exclusions, a Post Summary Correction (PSC) may be used for unliquidated entries. If liquidated, a Protest may be submitted for entries liquidated within the past 180 days. Where necessary, importers may request an extension of liquidation by submitting a written request before the statutory period expires, showing good cause why the extension should be granted.

Importers should contact their Livingston Service representative to request any applicable PSCs, Protests, or liquidation extensions be filed.

All importers, not just those who applied for the exclusion, will be able to take advantage of these exclusions.

If you have any questions regarding the status of the Section 301 exclusions, Livingston can help!  Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com