Industry News

Section 301 List 3 Product Exclusions Fact Sheet

List 3 Section 301 Exclusions

updated 08/11/2020

Effective September 24, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $200 billion as part of the action in the Section 301 investigation of China’s acts, polices and practices related to technology transfer, intellectual property, and innovation.  Furthermore, the USTR initiated an exclusion process for List 3 goods and continues to add exclusions applying to various products included on this list.  The exclusion process closed in September 2019.  A summary of each list can be found on this page or you can download each Federal Register notice below, as well.

The exclusion process for List 3 closed for petitioners September 30, 2019.

Two hundred and sixty six (266) of the exclusions posted below have been extended until December 31, 2020.
Check out the list here.

Section 301 Production Exclusions

List 3 Batch 1 Product Exclusions

  • Published August 7, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are  reflected in 10 specially prepared product descriptions, which cover 15 separate exclusion requests
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 2 Product Exclusions

  • Published September 20, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are  reflected in 38 specially prepared product descriptions, which cover 46 separate exclusion requests
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 3 Product Exclusions

  • Published October 28, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are  reflected in 83 specially prepared product descriptions, which cover 95 separate exclusion requests
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 4 Product Exclusions

  • Published November 13, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are  reflected in 34 specially prepared product descriptions, which cover 42 separate exclusion requests
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 5 Product Exclusions

  • Published November 29, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are  reflected in 32 specially prepared product descriptions, which cover 39 separate exclusion requests
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 6 Product Exclusions

  • Published December 17, 2019
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in 9 ten-digit HTSUS subheadings and 35 specially prepared product descriptions, which cover 75 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 7 Product Exclusions

  • Published January 6, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in 2 ten-digit HTSUS subheadings and 66 specially prepared product descriptions, which cover 81 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 8 Product Exclusions

  • Published February 5, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in 2 ten-digit HTSUS subheadings, which cover 52 requests, and 117 specially prepared product descriptions, which cover 156 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 9 Product Exclusions

  • Published February 20, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in one ten-digit HTSUS subheading, which cover 6 requests, and 46 specially prepared product descriptions, which cover 61 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 10 Product Exclusions

  • Published March 16, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in five 10-digit HTSUS subheadings which cover 75 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 11 Product Exclusions

  • Published March 26, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • the exclusions are reflected in one 10-digit HTSUS subheading, which covers one exclusion request, and 176 specially prepared product descriptions, which over 202 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 12 Product Exclusions

  • Published April 24, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • the exclusions are reflected in one 10-digit HTSUS subheading (8424.90.9080), which covers 20 separate exclusion requests, and 107 specially prepared product descriptions, which cover 157 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 13 Product Exclusions

  • Published May 8, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • the exclusions are reflected in two 10-digit HTSUS subheadings, which cover 15 separate exclusion requests, and 144 specially prepared product descriptions, which cover 170 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 14 Product Exclusions

  • Published May 21, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • The exclusions are reflected in seventeen 10-digit HTSUS subheadings, which respond to 33 separate exclusion requests, and 61 specially prepared product descriptions, which respond to 70 separate exclusion requests.
  • Some exclusion extensions have been granted until December 31, 2020

List 3 Batch 15 Product Exclusions

  • Published June 19, 2020
  • Effective September 24, 2018
  • Valid until August 7, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • As set forth in the Annex, the exclusion is reflected in one specially prepared product description, which responds to one exclusion request.
  • Some exclusion extensions have been granted until December 31, 2020

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 – FREE Consulting

Scarbrough Consulting, Inc. is offering a free 30-minute consultation to any company that may be affected by the Section 301 announcements. Lean on the experts to ensure you are staying compliant and to look for opportunities to add to your bottom line.  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. 

Consulting Request

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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

USTR Tariff Search Tool, click here


About Scarbrough

The Scarbrough Group of Companies, headquartered in Kansas City with local presence in every major port in the world, is a complete international and domestic supply chain service provider, offering U.S., Mexican, and Canadian Customs brokerage, Import & Export Transportation Solutions, Domestic brokerage and asset-based trucking, Warehouse fulfillment and distribution services, Trade Compliance Consulting, Large Equipment and Project Cargo moves, as well as Parcel Audit Savings.  Scarbrough is widely known for its trade experts, training, personalized customer service, customized solutions, and data analytics tools.  Since 1984, Scarbrough has continued to satisfy its clients by following its motto on a daily basis: “It is our job to make your job easier.”  Moreover, our team of experts is available at your disposal.  We offer free consultations on any topic from supply chain optimization and duty savings opportunities to the basics, helping to guide new importers and exporters as they jump into the world of global trade.  Contact us now.