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Section 301 Product Exclusions China Imports

Section 301 Product Exclusions China Imports

Section 301 Imports from China

updated 04/11/2020

Who qualifies for Section 301 Product Exclusions?

Do you have a product on the Section 301 product exclusions list for imports from China?
View each exclusion list below.

If you qualify for a product exclusion, there are a number of things you can do to obtain a refund from U.S. Customs.  Please contact consulting@scarbrough-intl.com to set up a FREE consultation.

How is your product different? What distinguishes your product from the 8-digit HTS subheading? In making its determination on each request, USTR may consider:

  • whether a product is available from a source outside of China,
  • whether the additional duties would cause severe economic harm to the requestor or other U.S. interests, and
  • whether the particular product is strategically important or related to Chinese industrial programs including “Made in China 2025”

How to Apply for Product Exclusions

  • There is a process through the USTR & regulations.gov
  • Recommend outside counsel involvement
  • You can visit the USTR Exclusions page
  • Or follow the following steps:

Step 1: Know your 8-digit HTS subheading
Step 2: Enter your subheading here: USTR Section 301 Search
Step 3: Submit a Comment or Exclusion request Based on your HTS Subheading
Step 4: Check on the Status (The public has comment periods)


Background

On August 18, 2017, The United States Trade Representative 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.

List 1

List 1, effective July 6, 2018 places an additional duty rate of 25% on $34 billion worth of goods from China. Several product exclusions have been announced. List 1 Product Exclusions Fact Sheet


List 2


List 2, effective August 23, 2018 places an additional duty rate of 25% on $16 billion worth of goods from China. Several product exclusions have been announced. List 2 Product Exclusions Fact Sheet


List 3


List 3, effective September 24, 2018 places an additional 10% on $200 billion worth of goods from China, and an increase up to 25% of these goods was imposed on June 15, 2019. Several product exclusions have been announced.
The jump from 25% to 30% on List 1, 2, and 3 was canceled on October 15, 2019. List 3 Product Exclusions Fact Sheet


List 4


List 4a went into effect on September 1, 2019 at 15%.  Tariffs for this list decreased to 7.5% effective February 14, 2020.  Product exclusions have been announced. List 4 Product Exclusions Fact Sheet.
List 4b
 was originally scheduled for December 15, 2019 with a 15% ad valorem duty rate, but has been canceled due to a Phase One Trade deal between U.S. and China.


Tariff Search Tool

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 Request

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

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.


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.


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