Industry News

Eighth Batch of Product Exclusions for Section 301 List 1

Eighth Batch of Product Exclusions for Section 301 List 1

Section 301 Product Exclusions

10/2/2019

The United States Trade Representative announced yet another set of product exclusions for Section 301 List 1 imports from China.  This is the 8th batch of product exclusions announced for List 1.  The exclusions were published in the Federal Register on October 2, 2019 and are retroactive to July 6, 2018.  The exclusions will remain in place until October 2, 2020.  The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.  They are reflected in 92 specially prepared product descriptions, which cover 129 separate requests.  Check out the Section 301 list 1 Product Exclusion Fact Sheet to view details on previous exclusions.  The most recent list must be claimed using HTSUS 9903.88.19.

Importers should review the USTR list in detail to consider applying for refunds through post summary corrections or protests.  Scarbrough can apply for the refunds on your behalf. Email consulting@scarbrough-intl.com if you have imported an item on this list (among other exclusion lists) since July 6, 2018 and before October 2, 2020.

Download Section 301 List 1 Product Exclusions - 8

The product descriptions include:

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  • Unlimited rotary acting hydraulic motors, gear type, valued at $70 or more but not exceeding $75 each (8412.29.8015)
  • Modules containing three single-stage, single-suction, frame-mounted centrifugal pumps for liquids, with mechanical seals, with discharge outlets under 4 cm in diameter (8413.70.2022)
  • Load limiters for water pumps inserted into start/stop internal combustion engines (8413.91.1000)
  • Stainless steel bushings, having a twelve sided outer surface, designed to fit onto a fuel vapor impeller of a kind used for automotive fuel injectors (8413.91.1000)
  • Steel rings with an external diameter not greater than 18 mm designed for use in air conditioning compressors (8414.90.4140)
  • Quench casings for furnace burners (8417.90.0000)
  • Formed sheet metal guards suitable for attachment to drying rollers in papermaking machinery (8419.90.2000)
  • Chemically etched dies of steel, steel-rule cutting dies, movable magnetic dies, embossing folders and plastic embossing diffusers, of a kind used in manually-powered roller machines for etching or stenciling a single sheet of cardstock, paper, leather, flexible magnet, plastics, metallic foil, vellum, felt or fabric, such sheets measuring not more than 50.8 cm in width or length (8420.99.9000)
  • Water filtering apparatus, each valued not over $1.50 (8421.21.0000)
  • Liquid treatment process modules designed to separate ethylene dichloride (EDC) from an EDC/water/acid solution, containing an EDC decanter, heat exchangers and pumps, measuring not over 23 meters by 23 meters by 25
    meters (8421.29.0065)
  • Chlorine absorption process modules designed to dissolve chlorine gas, produced through the interaction of salt water and hydrochloric acid, in a liquid, measuring not over 35 meters by 23 meters by 26 meters (8421.39.8040)
  • Gas treatment process modules, each containing a methylenediphenyl diamine (MDA) vent scrubber and nitrogen gas stripping column, designed to use aniline to filter MDA from the nitrogen gas stripping column, measuring not
    over 26 meters by 21 meters by 17 meters (8421.39.8040)
  • Gas treatment process modules, each containing a reactor vent scrubber designed to scrub evaporated phosgenation reaction liquid with chlorobenzene, measuring not over 26 meters by 22 meters by 22 meters
    (8421.39.8040)
  • Gas treatment process modules, each containing scrubbers and decomposers designed to remove hazardous gases on the surface of packing in packed columns, measuring not over 21 meters by 17 meters by 36 meters (8421.39.8040)
  • Methylene diphenyl diisocyanate (MDI) isomers separation process modules designed to purify MDI gas, measuring not over 24 meters by 21 meters by 22 meters (8421.39.8040)
  • Modules, each consisting of a carbon dioxide (CO2) stripper and heat exchangers designed to remove CO2 from solutions to produce 1-Ethyl-3-(3-dimethylaminopropyl) carbodiimide (EDC), measuring not over 20 meters by 20 meters by 17 meters (8421.39.8040)
  • Process modules containing activated carbon absorbers designed to absorb volatile organic compounds, measuring not over 21 meters by 20 meters by 15 meters (8421.39.8040)
  • Thermal oxidizer modules (TOx) designed to destroy hazardous compounds in water vapors, gases and liquids produced during the ethylene dichloride (EDC) and methylene diphenyl isocyanate (MDI) production processes, containing a combustion chamber and scrubber for conversion of nitrogen oxide (NOX) to nitrogen (N2), measuring not over 35 meters by 20 meters by 14 meters (8421.39.8040)
  • Thermal oxidizer modules (TOx) designed to destroy hazardous compounds in water vapors, gases and liquids produced during the ethylene dichloride (EDC) and methylene diphenyl isocyanate (MDI) production processes, containing a combustion chamber and scrubber for conversion of nitrogen oxide (NOX) to nitrogen (N2), measuring not over 31 meters by 24 meters by 20 meters (8421.39.8040)
  • Operator riding self-propelled aerial work platforms of a kind described in statistical note 1 to chapter 84, powered by an electric motor, with a load capacity not exceeding 1,400 kg (8427.10.8020)
  • Tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 2.9 m3 but under 3.8 m3, engine of 168 kW to 180 kW, operating weight of 19.1 t (42,000 lbs.) (8429.51.1035)
  • Cement retainer assemblies with diameter of 4.5 cm or more but not exceeding 51 cm and length of 30.5 cm or more but not exceeding 72 cm, composed of cylindrical cast iron components, nitrile rubber seal and brass back-up rings, suitable for use solely or principally with the machinery of subheadings 8430.41 or 8430.49 (8431.43.8060)
  • Snow plow blades and frames therefor (8431.49.9095)
  • Wheel and tire assemblies, each having a wheel of plastics no more than 20 cm in diameter and 16 cm in width and having a tire of rubber no more than 40 cm in diameter and 16 cm in width (8432.90.0020)
  • Assemblies of parts of seeders for transmitting mechanical hand motions to the gate mechanism for starting, adjusting and stopping the flow of seeds (8432.90.0060)
  • Parts of fertilizer distributors (8432.90.0060)
  • Wheels, of plastics, each wheel being not more than 16 cm in diameter and not more than 8 cm in width (8432.90.0060)
  • Complete pulp making mills, including pulping machinery, screening machinery, cleaning machinery, settling tanks, pumps and filters, each mill valued in its entirety at more than $2 million and less than $4 million (8439.10.0010)
  • Complete sections of paper or paperboard making machines, whether or not assembled, for forming (transforming a slurry into a solid sheet) paper or paperboard (8439.99.1000)
  • Subassemblies of the pressing and forming sections of paper or paperboard making machines, whether or not assembled, for assisting in replacement of rollers and fabric (8439.99.1000)
  • Sizer nip rolls of steel and cast iron with polymer cover for finishing paper or paperboard (8439.99.5000)
  • Stapler-stackers of printer units of subheading 8443.32.10, and parts thereof (8443.99.2050)
  • Machines for cold forming light-gauge coiled steel (such steel 0.35 cm or more but not exceeding 0.61 cm in thickness) into corrugated or other multiribbed panels (such panels 91.4 cm in width) by progressively passing the steel through at least 15 but no more than 20 shaped rolls and cutting to length with a hydraulic shear (8455.22.0000)
  • Vertical turret lathes, each weighing more than 10,000 kg (8458.99.1050)
  • Machines for slitting metal, numerically controlled, new, each weighing over 2,200 kg but not over 2,300 kg (8462.31.0080)
  • Glass-working machines, numerically controlled, each valued over $50,000 (8464.90.0110)
  • Woodworking planers with two-knife cutter heads, other than for working in the hand, valued not over $200 each (8465.92.0034)
  • Edge belt sanders, each valued under $150, other than for working in the hand, designed for a belt width not over 16 cm (8465.93.0030)
  • Machines for extruding rubber or plastics utilizing two successive singlescrew apparatus (8477.20.0005)
  • Extrusion machines for processing rubber, twin-screw type, designed to produce inner liners for tires (8477.20.0015)
  • Machines for cutting plastics, electrically powered, valued not over $300 per unit (8477.80.0000)
  • Crushing or grinding machines, not used in the manufacture of beverages or crushing of mineral substances, each valued at more than $10,000 (8479.82.0080)
  • Safety valves, of brass or bronze, containing a fusible element to automatically close the valve at a set temperature, each valued not over $5 (8481.40.0000)
  • Foot valve housings, of a kind incorporated in paint spraying apparatus, with no external measurement greater than 5 cm (8481.90.9060)
  • Needle roller bearings having an inside diameter of 2.54 cm, an outside diameter of 3.33 cm and a width of 3.81 cm and having cylindrical rollers of a uniform diameter not exceeding 5 mm and having a length which is at least three times the diameter (8482.40.0000)
  • DC electric motors, of an output of less than 18.65 W, other than brushless, measuring less than 38 mm in diameter (8501.10.4060)
  • DC gear motor of an output exceeding 37.5 W but not exceeding 74.6 W, with a spring coupling mechanism, an output shaft and a locking connector (8501.31.2000)
  • DC motor of an output exceeding 37.5 W but not exceeding 74.6 W, an actuator with an adjustable rod end with bushing, a bushing for rear mounting, a power cable and a connector (8501.31.2000)
  • Wound field two-speed DC motors and permanent magnet brushed DC motors, of an output exceeding 67 W but not exceeding 69 W, valued $8 or more but not exceeding $17 each (8501.31.2000)
  • DC motors, electronically commutated, three-phase, eight-pole of a kind used in HVAC systems, of an output of 750 W, valued not over $100 each (8501.31.6000)
  • Multi-phase AC motors, of an output not exceeding 110 W, other than gear motors (8501.51.4040)
  • AC motors, multi-phase, of an output exceeding 14.92 kW or more but not exceeding 75 kW , not of a kind used in civil aircraft (8501.52.8040)
  • AC multi-phase motors, each with an output exceeding 450 kW, fitted with pulleys and brakes (8501.53.8060)
  • AC generators (alternators) with output exceeding 75 kVA but not exceeding 375 kVA, designed for electric generating sets of heading 8502 (8501.62.0000)
  • Speed drive controllers for electric motors, designed for use in vehicles using electric motors for propulsion, including but not limited to material handling equipment, golf carts, sweeper scrubbers and aerial lifts, with a value of $50.00 or more but not exceeding $700.00 (8504.40.4000)
  • Plastic cases designed to contain 9V alkaline cells, measuring 6.35 cm by 13.34 cm by 3.18 cm, with button connectors (8506.90.0000)
  • Soldering stations, consisting of a benchtop power source, a hand piece, a power cord and work stand, operating by the power source providing electric radio frequency current to heat the hand piece (8515.19.0000)
  • Radio remote control apparatus of a kind suitable for opening or closing gates (8526.92.5000)
  • Printed circuit board assemblies, measuring 27.94 cm in length, 17.78 cm in width and 5.08 cm in height, of a kind used in radio remote controller apparatus for radio remote control of machinery, comprising a copper base to which are attached two capacitors, sixteen relays, sixteen varistors, two rows of terminal block connectors, two fuses in black housings with flat-head screw slots on top and an LED number display (8529.90.1660)
  • Aluminum feed horn assemblies measuring 8.4 cm in length and 5.1 cm in diameter, with operating frequencies of 17.8 to 20.2 GHz (receive) and 28 to 30 GHz (transmit), valued at $2.75 or more but not exceeding $2.85 each (8529.90.9900)
  • Aluminum electrolytic fixed capacitors, exceeding 51 mm in diameter, each valued over $6.50 but not over $8 (8532.22.0085)
  • Multi-layer ceramic, temperature-stable capacitors (temperature coefficient 5XR), with 47 microfarad capacitance, measuring 2 mm by 1.25 mm by 1.25 mm, valued at $0.08 or more but not exceeding $0.12 per piece (8532.24.0020)
  • Fixed electrical carbon film resistors, not designed for surface mounting by contact, having two leads, with a power handling capacity not over 1 W (8533.10.0065)
  • Wirewound fixed electrical resistors with a power handling capacity not over 20 W, and with a core of glass, ceramic or metal oxide file (8533.21.0080)
  • Thermistors of ceramic metal oxide, each with two leads (8533.21.0090)
  • Contact sensors, of a kind used to detect the pressing and releasing of an automotive accelerator pedal, comprising a ceramic board and a rotor housed in a molded plastics body, which together create a potentiometer (rheostat) controlling the actuation of the engine throttle, valued at $6.70 or more but not exceeding $7.55 per piece (8533.40.8040)
  • Motor overload protectors, in 1 pole, 2 pole or 3 pole configurations, with electric current load ratings up to 60 A, measuring 19 mm or more but not exceeding 57 mm in height, 102 mm in length, and 76 mm in width, and valued at $6.00 or more but not exceeding $8.40 per piece (8536.30.4000)
  • Three-pole contactors, operating at 12 to 60 V, with a plastics housing enclosing three movable, silver cadmium oxide contacts (normally open only) rated at 50 A or more but not exceeding 60 A, an electromagnetic coil, a coil spring, coil terminals, polyester actuator, stationary terminals supported by a polyester component, a coil dust cover and an optional insert for an auxiliary switch, valued at $9.00 or more but not exceeding $10.00 per piece (8536.41.0045)
  • Rotary switches for a voltage not exceeding 1,000 V, rated at not over 5 A, containing an aluminum shaft in a push-button actuator connected to a nylon housing containing a printed circuit board (8536.50.9020)
  • Momentary contact push-button switches rated at 9 V or more but not exceeding 16 V and not over 50mA, with no dimension exceeding 70 mm (8536.50.9031)
  • Push-button and proximity switches rated at not over 5 A, designed for automotive gearshift applications, with or without connectors (8536.50.9033)
  • Push-button switches rated at over 5 A but not exceeding 20 A, each article having external connections permitting the switch to be wired in either normally open or normally closed configuration (described in statistical reporting number 8536.50.9035)
  • Rocker switches, for a current of 16 A or more but not exceeding 20 A (8536.50.9065)
  • Switches for domestic clothes dryers, valued over 35 cents but not over 40 cents each (8536.50.9065)
  • Switches incorporated into latches for domestic appliances, valued over $ 0.90 but not over $1.25 each (8536.50.9065)
  • BNC straight radio frequency (RF) male-pin cylindrical connector/terminator plugs, for a voltage not exceeding 1,000 V, with impedance of 51 ohms, rated up to 1 W, measuring not over 29 mm long by 15 mm in diameter (8536.69.4010)
  • Electrical connectors, for a voltage not exceeding 1,000 V, of a kind used to make electrical connections in ballast lighting (8536.90.4000)
  • Enclosures of alloy steel, containing all the electrical components for underground mining machinery, such enclosures weighing more than 15 t (8538.10.0000)
  • Polycarbonate cap-shaped covers capable of fitting over a raised control button such as that located on an electronic pet-collar apparatus, each cover 0.39 mm in diameter and 0.134 mm in height (8538.90.6000)
  • Bodies of gas circuit breakers for electrical utilities, with installed interrupters, each weighing more than 800 kg (8538.90.8120)
  • Wiring sets for golf carts with electric motor for propulsion (8544.30.0000)
  • Insulated three conductor cables of copper, for a voltage exceeding 1,000 V, for subsea use, of a length exceeding 3.5 km and weighing over 90 t (8544.60.4000)
  • Digital optical fiber cables, with connectors, of a length exceeding 0.5 m but not exceeding 4.0 m (8544.70.0000)
  • Gearhead assemblies and parts thereof, for use in civil aircraft other than by the Department of Defense or the United States Coast Guard, each valued not over $90 (8803.30.0030)
  • Output carriers, of passivated stainless steel, having a gear measuring 36.754 mm in length and 33.782 mm in diameter, with 17 teeth each of a maximum circular thickness of 0.8306 mm, of a kind used in a gearhead assembly for the high-lift system of aircraft, for use in civil aircraft other than by the Department of Defense or the United States Coast Guard (8803.30.0030)
  • Flexible pressure sensitive LCD panel display devices used as a surface for electronic writing (9013.80.7000)
  • Therapeutic mouthpieces, of silicone and polycarbonate plastics, having embedded infrared (880 nm) and red (660 nm) LED lights, of a kind used for radiating the upper and lower gum lines within the mouth, valued at $45 or more but not over $50 each (9018.20.0040)
  • Negative pressure wound therapy systems (9018.90.7560)
  • Combined positron emission tomography/computed tomography (PET/CT) scanners which utilize multiple PET gantries (frames) on a common base (9022.12.0000)
  • Programmable DC electronic load instruments capable of presenting a constant load to a device, such as constant resistance, constant voltage, constant current, or constant power, weighing more than 4 kg but less than 8 kg (9030.33.3800)
  • Current probes for oscilloscopes (9030.90.8911)
  • Booths, measuring 61 cm in width, 70 cm in length and 94.5 cm in height, with integrated cooling fans and an LCD display with touch-pad controller, of a kind used to demonstrate and assess the effects of alternative lighting conditions on surface colors (9031.49.9000)”

Visit Section 301 List 1 Exclusion Fact Sheet

Visit USTR Exclusion Process

Background

On August 18, 2017, USTR initiated an investigation into certain acts, policies and practices of the Government of China related to technology transfer, intellectual property and innovation (82 FR 40213). During the investigation, the Trade Representative determined that the acts, policies and practices of China under investigation are unreasonable or discriminatory and burden or restrict U.S. commerce, and are thus actionable under Section 301(b) of the Trade Act of 1974, as amended (Trade Act).

In response, President Trump initiated a number of actions which imposed ad valorem tariffs on certain imports originating in China.  Four separate lists have been announced.  To view the most up to date information, check out our debriefing on Section 301 Imports from China.  This post indicates effective dates, duty rates, and more.

What to do

Scarbrough Consulting, Inc. is offering a free 30-minute consultation to any company that may be affected by the Section 301 announcements.  Please send an email to consulting@scarbrough-intl.com or fill out the form below.  Our Global Trade Experts and Licensed Customs brokers are here to help.

Other ways to Learn More about Duty Savings

If the Section 301 tariffs are affecting your company, watch this webinar recording to learn more.  Scarbrough’s President and COO, Adam Hill, along with Patrick Caulfield, an attorney at GDLSK, an international trade and customs law firm, talk about legal opportunities to recover or avoid paying duty to CBP.  This is an interactive webinar set up as a question/answer forum.


Resources

To review Section 301, visit this helpful Resource Page

To read more about Section 301, visit USTR.gov

Download each Section 301 List below:

View List 4a Effective Sept 1

View List 4b Effective Dec 15


Section 301 List 1
Section 301 List 2 Section 301 List 3

 

 

 

 

 

Consulting

Scarbrough is offering a FREE 20-minute consultation to any importer affected by the Section 301 Tariffs. Email consulting@scarbrough-intl.com or fill out the form below.

Consulting Request

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