Section 301 List 3 Batch 4 Product Exclusions
On November 13, 2019, The United States Trade Representative published another set of exclusions for Section 301 List 3 imports from China. This is the fourth batch of exclusions for Section 301 List 3. The product exclusions will apply retroactively from September 24, 2018 and expire on August 7, 2020. The exclusions cover 34 specially prepared product descriptions, which cover 42 separate exclusion requests.
Any importer that has imported the following products on or after September 24, 2018 should apply for a refund from U.S. Customs. The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. 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 within the PSC filing time frame. If the entry is beyond the PSC filing time frame, importers may protest the liquidation.
Section 301, U.S. Customs, PSC, & Protest Help
Don’t have the time or not sure if it’s worth it? Scarbrough Consulting can do this for you or guide you in the right direction. Scarbrough is offering a FREE 30-minute consultation to any importer affected by the Section 301 Tariffs. Our consulting team of Licensed U.S. Customs brokers are also capable of filing PSCs and Protests on your behalf. Email email@example.com or fill out the form at the bottom of this page.
The 34 product Descriptions include:
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Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.03 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:
- Floor coverings of polyvinyl chloride, presented in the form of tiles or planks designed to snap together during installation (3918.10.1000)
- Vinyl floor tiles of polymers of vinyl chloride, designed to click together during installation, each measuring 4.7 mm or more but not over 8 mm in thickness, 18 cm or more but not over 23 cm in width and 120 cm or more but not over 182 cm in length (3918.10.1000)
- Vinyl floor tiles of polymers of vinyl chloride, designed to click together during installation, measuring 7 mm in thickness, 18 cm or more but not over 19 cm in width and 120 cm or more but not over 125 cm in length (3918.10.1000)
- Dog and cat leashes, collars, harnesses, retractable leashes, muzzles, and head halters of nylon, polyester or soy-based webbing of various sizes; and tie out cables, stakes and aerials of iron or steel of various sizes, such cables, stakes and aerials presented in a form to be sold individually or in sets (4201.00.3000)
- Standard wood moldings, of oak (4409.29.4100)
- Engineered flooring, of oak, consisting of a 1.2 mm thick oak veneer top layer, 5.8 mm stone-plastic composite core and a 2 mm polyethylene backing, such flooring coated with aluminum oxide, measuring not over 191 cm long by 19 cm wide by 0.9 cm thick (4412.99.5105)
- Flooring panels constructed of a hardwood veneer measuring 0.6 mm or more but not over 1.2 mm in thickness laminated onto a waterproof stonepolymer composite base, with the thickness of each panel between 5 mm and 7.5 mm, with tongue and groove mechanism for installation and an attached foam pad (4412.99.5105)
- Assembled fence sections, of reeds held together with rows of wire, each section measuring 1.8 m or more but not over 1.9 m in height and 4.5 m or more but not over 4.6 m in width, or measuring not over 1.3 m in height and not over 2.5 m in width (4421.91.7020)
- Rigid boxes of paperboard weighing 1.2 kg per m2 covered with paper with a decorative design, each presented with hang tag, a handle and two imitation leather straps with snaps, such boxes measuring 21 cm or more but not over 23 cm in height, 21 cm or more but not over 23 cm in length and 5 cm or more but not over 9 cm in depth (4819.50.4040)
- Silk fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, the foregoing not printed, not jacquard woven, measuring over 127 cm in width (5007.20.0065)
- Silk fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, the foregoing not printed, not jacquard woven, measuring 107 cm or more but not over 127 cm in width (5007.20.0085)
- High tenacity single yarn of polyester multifilament, of 554 decitex or more but not over 556 decitex, with twist of 5 turns or more per meter (5402.20.3030)
- Sinks, of cast iron enameled with porcelain (7324.90.0000)
- Portable drill presses for use with hand drills of subheading 8467.21 (8467.99.0190)
- Static converters designed for wireless (inductive) charging of telecommunication apparatus (8504.40.8500)
- Gas ignition safety controls, measuring 3.8 to 5.3 cm in height, 6.4 to 10.1 cm in width and 13.2 to 13.9 cm in depth; weighing 160 g to 380 g each; and valued not over $26 each; of a kind used in patio heaters, agricultural heaters or clothes dryers (8537.10.9170)
- Extension cords, as defined in statistical note 6 to chapter 85, for a voltage not exceeding 1,000 V, each with a receptacle at one end and a male plug at the other with prongs perpendicular to the rest of the cord, the plug under a cover of plastics measuring 115 mm in length and 70 mm in width ( 8544.42.9010)
- Casters, with diameter (including, where appropriate, tires) of 20 cm or more but not over 23 cm (8716.90.3000)
- Bicycle speedometers designed to be handlebar mounted, wired, with a digital display, capable of measuring the following seven variables: Current speed, average speed, maximum speed, trip distance, total distance, elapsed time and time (9029.20.2000)
- Folding chairs with frames of steel and/or aluminum, each measuring 30 cm or more but not over 97 cm in width, 20 cm or more but not over 89 cm in depth and 30 cm or more but not over 117 cm in height (9401.79.0015)
- Foldable stools with frames of steel or aluminum, each measuring not over 30.5 cm in width, 26 cm in depth and 39 cm in height (9401.79.0035)
- Fiberboard sheets, containing phenolic resin, each not exceeding 0.635 mm in thickness (4411.93.9090)
- Circular knitted fabrics of polyester and spandex, printed, other than of double knit or interlock construction, on rolls (6006.34.0080)
- Cutting pliers, each weighing 90 g or more but not over 545 g, measuring not over 32 cm in length, not over 10.5 cm in width and not over 3 cm in thickness (8203.20.6030)
- Bolt-on tips of carbon alloy steel of a kind used in tub or horizontal grinders (described in statistical reporting number 8207.90.7585)
- Tool tips, strips and sticks of tungsten carbide (8209.00.0030)
- Mountings, each weighing less than 2 kg, designed for use in motor vehicles primarily used for amusement, recreation, sporting and off-road transportation classified in heading 8703 or motorcycles in heading 8711 (8302.30.3060)
- Ratcheting chain hoists, rope or cable hoists, other than skip hoists or hoists of a kind used for raising motor vehicles, such chain hoists not powered by an electric motor (8425.19.0000)
- Ultrasonic cleaners, with tanks of stainless steel and of a liquid capacity not over 32 liters (8479.89.9485)
- Static converters of a kind used to charge telecommunication apparatus in cars or homes, valued not over $2 each (8504.40.8500)
- Electrical insulators of glass (8546.10.0000)
- Road wheels of aluminum for motor vehicles of subheading 8703.21.01, each measuring 30 cm or more but not over 51 cm in diameter and 14 cm or more but not over 28 cm in width (8708.70.4545)
- Drive shafts, also known as propeller shafts, that connect a transmission to a differential, allowing a vehicle to move, designed for use in the manufacture of motor vehicles primarily used for amusement, recreation, sporting and off-road transportation classified in heading 8703 (8708.99.6805)
- Tension pole shower caddies, each of which adjusts to a height not to exceed 305 cm, and consists of 5 steel poles, 3 steel wire baskets and small plastic parts to hold the shelves on the poles (9403.20.0050)
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 (the $200 billion action) as part of the action in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. To get the debriefing on the Section 301 tariffs, click here.
Duty Savings Opportunities
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.
Scarbrough is offering a FREE 20-minute consultation to any importer affected by the Section 301 Tariffs. Email firstname.lastname@example.org or fill out the form below.
To review Section 301, visit this helpful Resource Page
To read more about Section 301, visit USTR.gov