September 23, 2019 – The U.S. Trade Representative (USTR) granted new Exclusions from Section 301 additional duties on Chinese origin products, found on Lists 1, 2, and 3.
Approved were:
- List 1: Exclusions reflected in 310 specially prepared product descriptions, covering 724 separate exclusion requests.
- Effective Dates: July 6, 2018, through September 19, 2020.
- Harmonized Tariff Schedule (HTS) number 9903.88.14 will be used for excluded products.
- List 2: Exclusions reflected in 89 specially prepared product descriptions, covering 400 separate exclusion requests.
- Effective Dates: August 23, 2018, through September 19, 2020.
- HTS number 9903.88.17 will be used for excluded products.
- List 3: Exclusions reflected in 38 specially prepared product descriptions, covering 46 separate exclusion requests.
- Effective Dates: September 24, 2018, through August 7, 2020.
(A uniform expiration date of August 7, 2020, was established.)
- HTS number of 9903.88.18 will be used for excluded products
- This notice also provides an amendment saying that additional duties do not apply to HTS where the tariff derives its duty from another tariff that is also subject to Section 301 duties.
- One portion covers such items such as fortified juices; embroidery in the piece, in strips or motifs; tool sets; tableware sets; and parts and accessories of certain instruments of HTS headings 9005, 9015, and 9017.
- Effective Date: September 24, 2018.
- HTS numbers of 9903.88.21 – 9903.88.24 will be used.
- Another portion covers fruit/vegetable juices; ensembles; tableware sets containing precious metal; complete watch and clock movements; pen and pencil sets; and parts and accessories of certain instruments of HTS headings 9001 and 9002.
- Effective Date: September 1, 2019.
- HTS numbers of 9903.88.25 – 9903.88.28 will be used.
The exclusions are available for any product that meets the description, regardless of whether the importer filed an exclusion request, with the scope of each exclusion governed by the scope of the product descriptions, and not by the product descriptions set out in any exclusion request.
Customs and Border Protection (CBP) has yet to program for these new exclusions.
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 List 1 – 3 products, Livingston can help! Please contact either your Livingston account manager or our regulatory affairs group at usregaffairs@livingstonintl.com