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Update on China Section 301 Exclusions – List 1, 2 and 3

Dec 19, 2019

December 19, 2019 – The U.S. Trade Representative (USTR) made several updates to Section 301 Exclusions for Chinese origin products.

List 1:

–Extended 6 exclusions for one year, that were due to expire on December 28, 2019, but 25 exclusions will expire and Harmonized Tariff Schedule (HTS) 9903.88.05 may no longer be used for them.

The 6 exclusions extended are:

  1. 8418.69.0120 -All classified there
  2. 8525.60.1010 -All classified there
  3. 8420.10.9080 -Roller machines with dies for embossing paper, manually
  4. powered
  5. 8481.90.9040 – 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
  6. 9022.14.0000 -Radiation therapy systems, each encased by steel-based
  7. structural shell with gantry cover comprising three pairs of plastics-based
  8. panels
  9. 9032.10.0030 -Thermostats designed for air conditioning or heating systems, not designed to connect to the internet, the foregoing designed for wall mounting

Granted an additional exclusion for HTS 9030.90.4600, effective July 6, 2018, until October 2, 2020, and made 14 technical corrections to exclusion descriptions found in the Tariff in Chapter 99, Subchapter III, U.S. Note 20(q) and 20(n).

List 2:

Amended 9 exclusion descriptions to conform with USTR intent, found in the Tariff in Chapter 99, Subheading III, U.S. Note 20(v).

List 3:

Granted a sixth round of exclusions for List 3, products, including 9 ten-digit HTS (noted below), and 35 exclusions that are product specific, covering 75 separate exclusion requests, which are effective September 24, 2018, through August 6, 2020.  HTS 9903.88.36 will be used for these excluded products.

The 9 full HTS exclusions, for all classified there include:

  1. 0304.72.5000
  2. 0304.83.1015
  3. 0304.83.1020
  4. 0304.83.5090
  5. 8507.20.4000
  6. 8708.50.8500
  7. 8708.94.7510
  8. 8708.99.8105
  9. 8712.00.1520

Exclusions are available for any product that meets the description, regardless of whether the importer filed an exclusion request.

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.

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

If you have any questions regarding Section 301 Exclusions for Chinese origin products, Livingston can help!  Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com