Industry News

Section 301 Product Exclusions China Imports

Section 301 Product Exclusions China Imports

Section 301 Imports from China

updated 10/29/2019

Who qualifies for Product Exclusions?

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 steps below:

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)

If the comment period or product exclusion request period is open for a tariff action, the due date will include a clickable hyperlink that will direct you to the relevant regulations.gov electronic docket where a comment or product exclusion request may be submitted and the docket # will be included.

List 1:  (Regulations.gov Docket ID: USTR-2018-0005) Status: Completed

List 2: (Regulations.gov Docket ID: USTR-2018-0018) Status: Completed

List 3: (Regulations.gov Docket ID: USTR-2018-0026) Status: Completed

List 4: (Comment Using Regulations.gov Docket ID: USTR-2019-0004) Status: In Process



Product Exclusions Announced



List 1

  • The exclusion process for List 1 closed for petitioners in October 2018.
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • Eight announcements of products in List 1 have been announced and are listed below.
  • Each exclusion is retroactive to July 6, 2018.

List 1 Batch 1 Product Exclusions

  • Published December 28, 2018
  • Effective July 6, 2018
  • Valid until December 28, 2019
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • This announcement includes 1,000 separate exclusion requests.
  • The USTR is considering an extension for up to 12 months for this list.  Comments are open November 1-30, 2019.

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 2 Product Exclusions

  • Published March 25, 2019
  • Effective July 6, 2018
  • Valid until March 25, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • This announcement includes 87 separate exclusion requests

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 3 Product Exclusions

  • Published April 18, 2019
  • Effective July 6, 2018
  • until April 18, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • This announcement includes 348 separate exclusion requests

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 4 Product Exclusions

  • Published May 14, 2019
  • Effective July 6, 2018
  • until May 14, 2020
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • This announcement includes 515 separate exclusion requests

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 5 Product Exclusions

  • Published June 4, 2019
  • Effective July 6, 2018
  • until June 4, 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 announcement covers approximately 464 separate exclusion requests: The excluded 10-digit subheading covers 40 separate requests, and the 88 specially prepared product descriptions cover approximately 424 separate requests.

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 6 Product Exclusions

  • Published July 9, 2019
  • Effective July 6, 2018
  • until July 9, 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 110 specially prepared product descriptions, which cover 362 separate exclusion requests.

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 7 Product Exclusions

  • Published September 20, 2019
  • Effective July 6, 2018
  • until September 20, 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 310 specially prepared product descriptions, which cover 724 separate requests.

View Federal Register Announcement  View HTS Numbers & Product Details

 

List 1 Batch 8 Product Exclusions

  • Published October 2, 2019
  • Effective July 6, 2018
  • until October 2, 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 92 specially prepared product descriptions, which cover 129 separate requests.

View Federal Register Announcement  View HTS Numbers & Product Details



List 2

  • The exclusion process for List 2 closed for petitioners in December 2018.
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • Three announcements of products in List 2 have been announced and are listed below.
  • Each exclusion is retroactive to August 23, 2018.

List 2 Batch 1 Product Exclusions

  • Published July 31, 2019
  • Effective August 23, 2018
  • Valid until July 31, 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 69 specially prepared product descriptions, which cover 292 separate exclusion requests.

 

View Federal Register Announcement  View HTS Numbers & Product Details

List 2 Batch 2 Product Exclusions

  • Published September 20, 2019
  • Effective August 23, 2018
  • Valid until September 20, 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 89 specially prepared product descriptions, which cover 400 separate exclusion requests.

View Federal Register Announcement  View HTS Numbers & Product Details

List 2 Batch 3 Product Exclusions

  • Published October 2, 2019
  • Effective August 23, 2018
  • Valid until October 2, 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 111 specially prepared product descriptions, which cover 382 separate exclusion requests.

View Federal Register Announcement  View HTS Numbers & Product Details



List 3

  • The exclusion process for List 2 closed for petitioners in September 2019
  • The exclusions are available for any product that meets the description in the Annex, regardless of whether the importer filed an exclusion request.
  • Three announcements of products in List 3 have been announced and are listed below.
  • Each exclusion is retroactive to September 24, 2018

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

View Federal Register Announcement  View HTS Numbers & Product Details

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

View Federal Register Announcement  View HTS Numbers & Product Details

List 3 Batch 3 Product Exclusions

  • Published October 24, 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

View USTR Announcement View HTS Numbers & Product Details



List 4

  • Starting October 31, 2019 at noon EDT, the web portal for submitting exclusion requests will open.  First an importer must register and can then apply for an exclusion online at https://exclusions.USTR.gov.

USTR Exclusions Page

  • The exclusion process will close on January 31, 2020 @ 11:59 pm EDT.

View USTR Details Exclusion Process Announcement


Visit USTR Exclusion Process


 

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.

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.


Resources

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 Effective Sept 1  View List 4b Effective Dec 15


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

 

 

 

 

 

 

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