List 3 Exclusion Update 1/7/2020

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)

HTSUS	Partial Exemption Description
3401.11.5000	Nonwoven wipes
4010.35.9000	Endless synchronous belts of vulcanized rubber, molded polyurethane, neoprene, or welded urethane
4202.11.0030	Briefcases with outer surface of leather
4420.90.8000	Storage containers of paulownia wood
5407.52.2060	Woven fabric of 100 percent textured polyester filaments
5407.52.2060	Woven fabric of synthetic filament yarn containing 85 percent or more by weight
5407.61.9930	Woven dupioni fabric wholly of nontextured dyed polyester filaments
5407.61.9930	Woven fabric wholly of polyester, dyed, not flat, containing nontextured polyester filaments
5407.61.9935	Woven fabric wholly of polyester, dyed, containing non-textured polyester filaments
5407.72.0015	Woven fabric containing by weight 47 percent of nylon and 53 percent of polyester, dyed, containing textured filaments
5512.19.0090	Woven dyed fabrics wholly of spun polyester
5514.22.0020	Woven dyed 3-thread twill fabrics containing by weight 65 percent of polyester and 35 percent of cotton staple fiber
5609.00.4000	Storage containers of twisted paper rope
5810.92.9080	Woven dyed embroidery fabrics containing by weight 55 percent of polyester and 45 percent of nylon
7308.30.5050	Vault doors of stamped, welded and powder-coated 12-gauge carbon steel
7317.00.2000	Steel staples suitable for use in powder-actuated handtools
7323.99.9080	Safes of 16 gauge carbon steel, each stamped, welded and powder-coated, with a programmable electric lock with keypad, mechanical key override
7326.90.8688	Fish tapes of steel and plastics, each weighing 516 g or more but not over 3,810 g
7326.90.8688	Steel clamps with rubber insulation
7326.90.8688	Telescoping poles of steel, spring loaded, with ends of plastic
7610.90.0080	Awning casting endplates, of aluminum
7610.90.0080	Decorative cast aluminum endcaps, of a kind used with structural elements of roof-mounted patio awnings for recreational vehicles (RVs)
7616.99.5190	Clips of aluminum shaped like the letter ‘‘J’
7616.99.5190	Telescoping poles of aluminum, spring loaded, with ends of plastic
7907.00.6000	Awning casting pivots, of zinc coated aluminum
8203.20.6060	Hand tools of steel, similar to pliers, each capable of crimping, stripping and cutting wire
8207.19.3090	Cutting parts for rock drilling or earth boring tools
8215.20.0000	Sets of flatware of stainless steel, containing no article plated with precious metal
8409.91.9990	Hydraulic valve lifters of steel with rollers, suitable for use solely or principally with spark-ignition internal combustion piston engines
8409.91.9990	Solid valve lifters of steel, suitable for use solely or principally with spark-ignition internal combustion piston engines
8413.20.0000	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
8413.30.9060	Lubricating pumps for internal combustion piston engines
8414.20.0000	Hand- or foot-operated air pumps, each weighing 400 g or more but not over 3 kg
8414.59.6540	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
8414.59.6595	12 V fans of a kind used to disperse fragrance oils
8414.80.1685	Portable air compressors
8425.31.0100	Winches powered by an electric motor
8479.89.9499	Ratchet tie down straps, each consisting of straps of textiles
8504.40.8500	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
8511.50.0000	Alternators for motor vehicle charging systems
8512.30.0040	Alarms to be installed in motor vehicles
8512.90.2000	Projectors (‘‘trumpets’’) of plastics for air horns
8525.80.3010	Color video cameras for use with microscopes
8525.80.3010	Digital color video cameras for use with microscopes
8539.49.0040	Ultraviolet lamps used for skin tanning purposes
8543.70.8500	Hand held, battery-powered electrical devices that administer transcutaneous electrical nerve stimulation (TENS) and electrical muscle stimulation (EMS)
8544.42.9090	Insulated conductors, not of a kind used for telecommunications
8546.90.0000	Electrical insulators (‘‘wire nuts’’) of plastics and steel
8708.99.5500	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
8708.99.5500	Wear bars comprising strips of carbide
8712.00.1550	Bicycles, not motorized, w/both wheels not over 63.5 cm in diameter
8712.00.1510	Bicycles, not motorized, w/both wheels not exceeding 50 cm in diameter
8714.95.0000	Bicycle saddles
9011.80.0000	Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection)
9401.71.0031	Stackable upholstered metal chairs for religious worship settings
9401.79.0035	Hunting stands of steel or aluminum
9401.90.4080	Parts of chairs of unfinished plywood, including bodies, legs and arms
9401.90.5081	Chair frames of metal, each with integral bookshelf, capable of being stacked
9403.20.0090	Folding wheeled trays
9403.20.0090	Wheeled trays, each with 5 wheels, 3 bowls of plastic with suction cup bottoms
9403.90.6005	Baby crib liners, each composed of two pieces of multi-layer warp polyester knit mesh without any padding,
9405.40.8440	Flexible strips having embedded light-emitting diodes electrically connected to a molded electrical end connector
9405.40.8440	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 geo@tuttlelaw.com 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.

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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