Section 301 Exclusion List Update

January 7, 2020

On December 31, 2019, the USTR (see 85 FR 549 of 01/06/2020) granted 68 exclusion requests to the Section 301 duties levied on goods from China on List 3 items. See our updated EXCLUSION LIST, which includes all exclusions granted to date, along with modifications to HTS descriptions. The December exclusions apply retroactively from September 24, 2018 through to August 7, 2020. The applicable HTS to apply to claim this round of exclusions is 9903.88.37.

List 3 Exclusions Granted 12/31/2019
(see Updated Exclusion list for full detailed description)



Partial Exemption Description


Nonwoven wipes  


Endless synchronous belts of vulcanized rubber, molded polyurethane, neoprene, or welded urethane


Briefcases with outer surface of leather


Storage containers of paulownia wood


Woven fabric of 100 percent textured polyester filaments


Woven fabric of synthetic filament yarn containing 85 percent or more by weight


Woven dupioni fabric wholly of nontextured dyed polyester filaments


Woven fabric wholly of polyester, dyed, not flat, containing nontextured polyester filaments


Woven fabric wholly of polyester, dyed, containing non-textured polyester filaments


Woven fabric containing by weight 47 percent of nylon and 53 percent of polyester, dyed, containing textured filaments


Woven dyed fabrics wholly of spun polyester


Woven dyed 3-thread twill fabrics containing by weight 65 percent of polyester and 35 percent of cotton staple fiber


Storage containers of twisted paper rope


Woven dyed embroidery fabrics containing by weight 55 percent of polyester and 45 percent of nylon


Vault doors of stamped, welded and powder-coated 12-gauge carbon steel


Steel staples suitable for use in powder-actuated handtools


Safes of 16 gauge carbon steel, each stamped, welded and powder-coated, with a programmable electric lock with keypad, mechanical key override


Fish tapes of steel and plastics, each weighing 516 g or more but not over 3,810 g


Steel clamps with rubber insulation


Telescoping poles of steel, spring loaded, with ends of plastic


Awning casting endplates, of aluminum


Decorative cast aluminum endcaps, of a kind used with structural elements of roof-mounted patio awnings for recreational vehicles (RVs)


Clips of aluminum shaped like the letter ‘‘J’


Telescoping poles of aluminum, spring loaded, with ends of plastic


Awning casting pivots, of zinc coated aluminum


Hand tools of steel, similar to pliers, each capable of crimping, stripping and cutting wire


Cutting parts for rock drilling or earth boring tools


Sets of flatware of stainless steel, containing no article plated with precious metal


Hydraulic valve lifters of steel with rollers, suitable for use solely or principally with spark-ignition internal combustion piston engines


Solid valve lifters of steel, suitable for use solely or principally with spark-ignition internal combustion piston engines


Hand pumps (other than for fuel or lubricants, not fitted or designed to be fitted with a metering device), each used to dispense a metered quantity of liquid soap or sanitizer


Lubricating pumps for internal combustion piston engines


Hand- or foot-operated air pumps, each weighing 400 g or more but not over 3 kg


Ventilation fans for motor vehicles, consisting of a 12 V DC reversible multispeed electric motor drawing 5 A, with axial fan blade, electrically operating baffle, electric keypad and circuit board and wire mesh screen


12 V fans of a kind used to disperse fragrance oils


Portable air compressors


Winches powered by an electric motor


Ratchet tie down straps, each consisting of straps of textiles


Wireless battery chargers for mobile phones, each in the form of a picture frame incorporating a wireless charger or a stand incorporating a wireless charger


Alternators for motor vehicle charging systems


Alarms to be installed in motor vehicles


Projectors (‘‘trumpets’’) of plastics for air horns


Color video cameras for use with microscopes


Digital color video cameras for use with microscopes


Ultraviolet lamps used for skin tanning purposes


Hand held, battery-powered electrical devices that administer transcutaneous electrical nerve stimulation (TENS) and electrical muscle stimulation (EMS)


Insulated conductors, not of a kind used for telecommunications


Electrical insulators (‘‘wire nuts’’) of plastics and steel


Motor mount kits each consisting of 3 to 5 components, each of stainless steel or aluminum combined with a heat resistant rubber material and with holes machined for mounting the engine to the car or truck body


Wear bars comprising strips of carbide


Bicycles, not motorized, w/both wheels not over 63.5 cm in diameter


Bicycles, not motorized, w/both wheels not exceeding 50 cm in diameter


Bicycle saddles


Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection)


Stackable upholstered metal chairs for religious worship settings


Hunting stands of steel or aluminum


Parts of chairs of unfinished plywood, including bodies, legs and arms


Chair frames of metal, each with integral bookshelf, capable of being stacked


Folding wheeled trays


Wheeled trays, each with 5 wheels, 3 bowls of plastic with suction cup bottoms


Baby crib liners, each composed of two pieces of multi-layer warp polyester knit mesh without any padding,


Flexible strips having embedded light-emitting diodes electrically connected to a molded electrical end connector


Light boxes

Claiming Refunds, Liquidation of Entries & Filing Extensions of Liquidation

These List 3 exclusions are retroactive to September 24, 2018 and run through August 7, 2020.

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 the entry is within the pre-liquidation PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may file a formal protest with CBP, however, the protest must be received by CBP within 180 days of the date of liquidation of the entry.

Please note for goods entered in late September and October 2018, the last date for protesting may be March 2020; however, liquidation dates may vary, and it is best to confirm the actual liquidation date of each entry with your customs broker.

Importers and brokers may also file requests with CBP to extend the liquidation of entries of the goods under 19 CFR 1§ 59.12, so as to preserve the ability to file PSCs if their exclusion request has not yet been decided.

Reminder List 4A Portal for Exclusion Process
Closes Jan. 31, 2020 at 11:59 pm ET

On October 19, 2019 the U.S. Trade Representative (USTR) published a process by which importers and other parties may request an exclusion from additional duties for products classified under the tariff headings covered by the August 20, 2019 announcement for List 4A (84 FR 57145 of October 24, 2019). The notice also sets out specific procedures for submitting requests. The portal will close Jan. 31, 2020 at 11:59 pm ET.

This process provides importers with temporary relief from the additional tariffs on imported products contained in List 4 Annex A.

Further Modifications and Changes to List 4 Annex A and B

In mid-December, the U.S. and China reached a Phase One Deal whereby China agreed to implement IP protections, increased purchases in agricultural, energy, manufactured goods. In exchange, the U.S. agreed to an indefinite suspension of the December 15th tariffs (list 4B) and a reduction of List 4A tariffs from 15% to 7.5%. China's Customs Tariff Commission of the State Council decided to suspend their planned tariff increases of 10% and 5%, according to the state press agency Xinhua.

It is expected that the Phase One Deal with China will be signed at the White House on January 15th, followed by a visit to Beijing to discuss the details of a Phase Two Deal.

If you think your company would like more information on filing an exclusion request or would benefit from submitting an exclusion request, please contact our office.

For further information on these or other customs issues, contact George R. Tuttle, III at or at 415-986-8780.


George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle.

The information in this article is general in nature and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence and may not be considered as such.

Copyright © 2020 by Tuttle Law Offices. 
All rights reserved. 

Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.




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