The U.S. Trade Representative (USTR), approved their first list of Chinese origin products excluded from Section 301 duties for List 3, granting 15 separate exclusion requests.
Imported product must meet the requirements of one of the below 10 specified product descriptions to be excluded from Section 301 duties. These exclusions apply to all importers, not just those who applied for the exclusion.
| HTS | Excluded Description |
| 3923.10.9000 | Container units of plastics, each comprising a tub and lid therefore, configured or fitted for the conveyance, packing, or dispensing of wet wipes (described in statistical reporting number 3923.10.9000) |
| 3923.50.0000 | Injection molded polypropylene plastic caps or lids each weighing not over 24 grams designed for dispensing wet wipes (described in statistical reporting number 3923.50.0000) |
| 3926.90.3000 | Kayak paddles, double ended, with shafts of aluminum and blades of fiberglass reinforced nylon (described in statistical reporting number 3926.90.3000) |
| 5402.20.3010 | High tenacity polyester yarn not over 600 decitex (described in statistical reporting number 5402.20.3010) |
| 5603.92.0090 | Nonwovens weighing more than 25 g/m2 but not more than 70 g/m2 in rolls, not impregnated coated or covered (described in statistical reporting number 5603.92.0090) |
| 7323.99.9080 | Pet cages of steel (described in statistical reporting number 7323.99.9080) |
| 8716.80.5090 | Carts, not mechanically propelled, each with three or four wheels, of the kind used for household shopping (described in statistical reporting number 8716.80.5090) |
| 8716.90.5060 | Truck trailer skirt brackets, other than parts of general use of Section XV (described in statistical reporting number 8716.90.5060) |
| 8903.10.0060 | Inflatable boats, other than kayaks and canoes, with over 20 gauge polyvinyl chloride (PVC), each valued at $500 or less and weighing not over 52 kg (described in statistical reporting number 8903.10.0060) |
| 8903.10.0060 | Inflatable kayaks and canoes, with over 20 gauge polyvinyl chloride (PVC), each valued at $500 or less and weighing not over 22 kg (described in statistical reporting number 8903.10.0060) |
Effective September 24, 2018, Section 301 for List 3 products imposes a 25% additional duty. Approved exclusions are retroactive to the effective date, and extend for one year, until August 6, 2020.
A new HTS number of 9903.88.13 was created for this first tranche of excluded products.
Any further approved exclusions are to be announced by the USTR, periodically.
Section 301 was enacted due to China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. Please see Customs and Border Protection’s (CBP’s) Section 301 HTSUS Reference Guide for a list of affected tariffs.
Refunds for duties previously paid, which are now excluded, may be applied for using a Post Summary Correction (PSC) for unliquidated entries; or a Protest for entries liquidated within the past 180 days. Requests to extend liquidation may be submitted to CBP by filing 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.
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