Industry News

Section 301 List 3 Batch 6 Product Exclusions

Section 301 List 3 Batch 5 Product Exclusions

On December 17, 2019, The United States Trade Representative published another set of exclusions for Section 301 List 3 imports from China.  This is the sixth batch of exclusions for Section 301 List 3.   The product exclusions will apply retroactively from September 24, 2018 and expire on August 7, 2020.  As set out in the Annex, the exclusions are reflected in 9 ten-digit HTSUS subheadings and 35 specially prepared product descriptions, which cover 75 separate exclusion requests.

Section 301 Product Exclusions

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 consulting@scarbrough-intl.com or fill out the form at the bottom of this page.

 

The 44 Product HTS Numbers and Descriptions include:

Hint: press ctrl + F to find your product

Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.36 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

  •  0304.72.5000
  • 0304.83.1015
  • 0304.83.1020
  • 0304.83.5090
  • 8507.20.4000
  • 8708.50.8500
  • 8708.94.7510
  • 8708.99.8105
  • 8712.00.1520
  • Bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (0803.90.0045)
  • Apples, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (0813.30.0000)
  • Peaches, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (0813.40.4000)
  • Pears, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (0813.40.9000)
  • Mixtures of strawberries and bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g (0813.50.0020)
  • Mixed seasoning of Himalayan salt, tomato flake, lemon peel, basil, black pepper and sage, put up for retail sale in packages each weighing 200 g (described in statistical reporting number 2103.90.8000)
  • Molded blocks of wood pulp cellulose sponge, each measuring not over 105 cm by 105 cm by 40 cm (described in statistical reporting number 4823.70.0040)
  • Satin woven fabrics of artificial filament yarn, consisting of 63 percent rayon and 37 percent combed cotton, dyed, weighing not over 211 g/m2 (described in statistical reporting number 5408.32.9050)
  • Nonwoven rug pads, each comprising a 100 percent polyester fiber fabric, face laminated to a thermoplastic elastomer and weighing over 150 g/m2 (described in statistical reporting number 5603.94.1090)
  • Ropes of man-made fibers, each measuring 1.7 m or more but not over 6.1 m in length with breaking strength of 22 kg or more but not over 230 kg, with hooks of base metal and locking mechanisms to maintain tension on the rope (described in statistical reporting number 5609.00.3000)
  • Gates for confining children or pets, of steel not coated or plated with precious metals (described in statistical reporting number 7323.99.9040)
  • Steel electrical boxes, designed for lighting fixtures, switches, receptacles or outlet devices, such boxes weighing 0.4 kg or more but not over 3.5 kg, 10.2 cm in length or more, 5 cm or more but not over 10.2 cm in width and 12 cm in height, the foregoing UL listed (described in statistical reporting number 7326.90.8688)
  • Telescoping multi-position ladders of aluminum, each with maximum reach height of 4.2 m or more but not over 7.9 m, with locks to adjust the telescoping positions and with load rating of 136 kg or more but not over 170 kg (described in statistical reporting number 7616.99.5130)
  • Towers of aluminum, unassembled, each designed to be mounted on a boat, incorporating at least one point to which a tow rope may be fastened for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.9 m in height and no more than 2.5 m in width (8302.49.6055)
  • Towers of aluminum, unassembled, each designed to be mounted on the body of a boat, incorporating a tow point for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.6 m in height and not over 2.5 m in width (8302.49.6055)
  • Digital electronic scales, not for personal use, not for continuous weighing, other than constant-weight scales, each measuring no more than 195 mm by 165 mm by 60 mm, having a maximum weight capacity of 5 kg, and having the ability to reset tare (zero point reset) multiple times while adding to the article being weighed (8423.81.0040)
  • Electronic calculators for desktop use, solar-powered with battery backup (other than with engineering, trigonometric, scientific or construction functions), each measuring 11 cm or more but not over 25 cm in length, 7 cm or more but not over 19.5 cm in width, and 1 cm or more but not over 5 cm in height and weighing 0.058 kg or more but not over 0.34 kg (8470.10.0040)
  • Electronic calculators, handheld, solar-powered or battery powered (other than with engineering, trigonometric or scientific functions), each measuring 10 cm or more but not over 16 cm in length, 5 cm or more but not over 9 cm in width, and 0.5 cm or more but not over 2 cm in height and weighing 0.02 kg or more but not over 1 kg (8470.10.0040)
  • Electronic calculators, handheld, solar-powered or battery powered, with scientific, trigonometric or other advanced mathematical functions, each measuring 11 cm or more but not over 18 cm in length, 6.5 cm or more but not over 9 cm in width and 1 cm or more but not over 3 cm in height and weighing 0.04 kg or more but not over 0.25 kg (8470.10.0040)
  • Electronic calculating machines, each incorporating a 2 color ink roller printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 24 cm or more but not over 27 cm in length, 18 cm or more but not over 21 cm in width and 5 cm or more but not over 7 cm in height and weighing 0.5 kg or more but not over 1.5 kg each (8470.21.0000)
  • Electronic calculating machines, each incorporating a parallel ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 31.75 cm or more but not over 34.3 cm in length, 21.5 cm or more but not over 25.4 cm in width and 7.5 cm or more but not over 9 cm in height and weighing 1.6 kg or more but not over 2 kg each (8470.21.0000)
  • Electronic calculating machines, each incorporating a ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 32 cm or more but not over 35 cm in length, 22 cm or more but not over 26 cm in width and 8 cm or more but not over 9 cm in height and weighing 1.75 kg or more but not over 2 kg each (8470.21.0000)
  • Electronic calculating machines, each incorporating an ink roller printing device, capable of operating with an external source of power or battery power, with liquid crystal display (LCD), measuring 19 cm or more but not over 26.5 cm in length, 8 cm or more but not over 20 cm in width and 4 cm or more but not over 7 cm in height and weighing 0.3 kg or more but not over 0.7 kg each (8470.21.0000)
  • Other static converters, rectifiers and rectifying apparatus, with ABS plastic damage resistant box, input and output voltage cables, weighing not more than 0.35 kg, measuring not more than 17 cm in length and 12 cm in width (8504.40.9550)
  • Light-emitting diode (LED) headlights, light bars and cube lights, of a kind designed to be mounted on off-road, all-terrain vehicles (8512.20.2040)
  • Brake drums of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an inside diameter of 38 cm or more but not over 42 cm (8708.30.5020)
  • Brake discs of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an outside diameter of 32 cm or more but not over 44 cm (8708.30.5030)
  • Wheel hubs of cast iron, for off-road vehicles of headings 8701 to 8705, each weighing 2 kg or more but not exceeding 4 kg (8708.99.5300)
  • Upholstered dining chairs, with a wooden frame, other than of teak (9401.61.4011)
  • Chairs with three legs, with frames of steel held together by elastic cord and textile seating material, for outdoor non-household use (9401.79.0015)
  • Chairs, each with four legs, a frame of aluminum held together by elastic cord and textile seating material, for outdoor non-household use (9401.79.0015)
  • Entry tables of wood other than bent-wood, each measuring 180 cm or more but not over 185 cm in length, 80 cm or more but not over 83 cm in height and over 40 but not over 45 cm in width, with tin top (9403.60.8081)
  • 8-light circular electric household chandeliers, of base metal other than brass (9405.10.6010)
  • Electric household table lamps, with bases of wood, presented with shades, not more than 64 cm in height, each weighing not more than 3 kg (9405.20.8010)
  • Non-electrical wall candelabras, of wood, each with 3 wrought iron candle holders (9405.50.4000)

 

View USTR Announcement

Background

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.

Consulting

Scarbrough is offering a FREE 30-minute consultation to any importer affected by the Section 301 Tariffs.  Email consulting@scarbrough-intl.com or fill out the form below.

Consulting Request

Enter your information below and our team will be in touch with you via email. Thanks!

 

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

View List 4b


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