Section 301 List 4 Batch 5 Product Exclusions

On June 8, 2020, The United States Trade Representative granted the fifth list of product exclusions for Section 301 List 4 products.  As set out in the Annex, the exclusions are reflected in two ten-digit HTSUS subheadings and 32 specially prepared product descriptions, which together respond to 55 separate exclusion requests.

Exclusions will be retroactive to September 1, 2019 and will remain effective until September 1, 2020. The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request. Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion.

The exclusions include HTS numbers 5210.11.4040 and 5210.11.6020. Some products included in this batch include but are not limited to: down of ducks or geese, cyanuric chloride, kneeling pads of plastics, fittings of plastics, gloves, steel alloys, lithium batteries, LCD parts, watch cases, and more.

View Federal Register Notice



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.


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.

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 read more about Section 301, visit USTR.gov

Section 301 China Imports

Section 301 Product Exclusions

List 1 Product Exclusions Fact Sheet

List 2 Product Exclusions Fact Sheet

List 3 Product Exclusions Fact Sheet