Section 301 List 3 Batch 8 Product Exclusions

Section 301 List 3 Batch 8 Product Exclusions

On February 5, 2020, The United States Trade Representative published another set of exclusions for Section 301 List 3 imports from China.  This is the eighth 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 2 ten-digit HTSUS subheadings, which cover 52 requests, and 117 specially prepared product descriptions, which cover 156 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, Inc. 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 2 Product HTS Numbers and Descriptions include:

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• 8425.31.0100
• 8708.93.7500
• Alaskan sole (yellowfin, rock or flathead), frozen in blocks, in cases with net weight of more than 4.5 kg (0304.83.5015)
• Sole fillets, individually frozen, each fillet weighing more than 50 g but less than 150 g (0304.83.5015)
• Alaskan plaice, frozen in blocks, in cases each with net weight of more than 4.5 kg (0304.83.5020)
• Individually frozen fillets of flounder, including Arrowtooth Flounder (Atheresthes stomias) and Kamchatka Flounder (Atheresthes evermanni), each weighing 80 g or more but not exceeding 200 g (0304.83.5020)
• Slipper lobster meat (Ibicus ciliatus), frozen, raw, whether whole or in pieces, put up for sale in bags each with a net weight of not more than 2.27 kg (0306.19.0061)
• King crab meat, frozen in blocks each weighing at least 1 kg but not more than 1.2 kg, in airtight containers (1605.10.2010)
• Snow crab meat (C. opilio), frozen in blocks, in airtight containers each with net weight of not more than 1.2 kg (1605.10.2022)
• Dungeness crab meat, frozen in blocks, in airtight containers with net weight of not more than 1.2 kg (1605.10.2030)
• Crab meat (other than King crab, Snow crab, Dungeness or swimming crabs), frozen in blocks, in airtight containers with net weight of not more than 1.5 kg (1605.10.2090)
• Synthetic silica gel, in granules measuring 0.25 to 0.6 mm in diameter, put up in retail packaging, of a kind used for drying and preserving flowers (2811.22.1000)
• Nitrous oxide (dinitrogen monoxide) (CAS No. 10024-97-2), pressurized to 250 bars in cylindrical, zinc-coated, steel cartridges, each measuring not more than 18.1 mm in diameter and not more than 65.6 mm in length, containing not more than 8.3 g of nitrous oxide (2811.29.5000)
• Fertilizer, derived from soybeans, powdered, put up in bags each with net weight of 23 kg, of which 14 percent by weight is nitrogen (N) and containing no phosphorus (P) or potassium (K) (3101.00.0000)
• Laundry detergent powder, put up for retail sale, whether as powder or as water-soluble, pre-measured pods (3402.20.1100)
• Herbicide consisting of 1,1′-dimethyl-4,4′-bipyridinium dichloride (CAS No. 1910-42-5) (Paraquat concentrate in liquid form) up to 45 percent concentration with application adjuvants (3808.93.1500)
• Supported nickel-based catalysts, of a kind used for methanation, desulfurization, hydrogenation, pre-reforming or reforming of organic chemicals or for protection of hydrotreating catalysts from arsine poisoning
  (3815.11.0000)
• Supported catalysts for high-temperature shift reactions for ammonia, hydrogen, and methanol, with carbon monoxide or carbon dioxide as the active ingredients (3815.19.0000)
• Supported catalysts for polymerization (3815.19.0000)
• Supported catalysts of cuprous oxide and zinc oxide as the active ingredients for arsine removal (3815.19.0000)
• Supported catalysts with alumina as the active substance for chlorine removal (3815.19.0000)
• Supported catalysts with copper carbonate or zinc carbonate as the active ingredients for low temperature desulfurization (3815.19.0000)
• Supported catalysts with metal sulfide as the active substance for mercury removal (3815.19.0000)
• Supported catalysts with molybdenum compounds as the active substance for hydrogenation (3815.19.0000)
• Supported catalysts with zinc oxide absorbent as the active substance (3815.19.0000)
• Floor coverings of polymers of vinyl chloride, with a rigid core of wood powder composite, with planks glued together, each measuring not less than 115 cm but not more than 130 cm in length (3918.10.1000)
• Bags of plastic certified by the Biodegradable Products Institute as being compostable, each measuring 43 cm or more but not more than 107 cm in width and 45 cm or more but not more than 122 cm in length, of sheet or film measuring 0.02 mm or more but not more than 0.056 mm in thickness (3923.29.0000)
• New pneumatic tires of rubber of a kind used on bicycles, each having a carbon steel wire-reinforced bead and weighing not more than 2.27 kg each (4011.50.0000)
• Seamless disposable gloves of acrylonitrile butadiene rubber, other than for surgical or medical use (4015.19.1010)
• Seamless disposable gloves of natural rubber latex, other than for surgical or medical use (4015.19.1010)
• Bags of woven nylon with leather trim, each having a metal slide fastener and a locking mechanism on one end of the bag to prevent the slide fastener from opening, measuring 11 cm or more but not more than 20 cm in length, 5 cm or more but not more than 9 cm in width, and 7 cm or more but not more than 12 cm in height (4202.22.8100)
• Zippered containers with outer surface of polyester fabric, each measuring not over 170 mm by 95 mm by 30 mm, with clear touch-sensitive polyvinyl chloride front window, such containers mounted on armband (4202.92.9100)
• Poles, finials, tiebacks and similar drapery hardware of wood (4421.99.9780)
• Paper and paperboard printed labels, personalized, not lithographic, on matte self-adhesive stock, with foil embellishments, each measuring 2 cm or more but not more than 6 cm in diameter, on sheets measuring not more than 21 cm in width and not more than 29 cm in length, packaged in a sealed direct mail package (4821.10.4000)
• Drinking straws of paper, each measuring 12.5 cm or more but not more than 26.5 cm in length and 5 mm or more but not more than 10 mm in diameter (4823.90.8600)
• Dyed sateen fabric containing artificial staple fibers, measuring 292.1 cm in width (5516.92.0060)
• Rugs of 100 percent polyester or polypropylene, with brass grommets and stainless steel springs, each measuring at least 44 cm by 45 cm but not exceeding 56 cm by 59 cm (5705.00.2030)
• Fabrics of 100 percent polyester, silicone coated, of a kind suitable for upholstery, weighing more than 90 g/m2, meeting ASTM International standard G21, American Association of Textile Chemists and Colorists
  (AATCC) standards 147-2004 and 30 and Chemical Fabric & Film Association (CFFA) standard 141 method II (5903.90.2000)
• Cullet of clear soda-lime glass to be used for the production of continuous filament mats (7001.00.5000)
• Glass shells fitted for incorporation into glass insulators for use in the transmission of electricity (7006.00.4050)
• Rear-view mirrors of convex glass for motor vehicles, each measuring not less than 1.75 mm and not more than 2.4 mm in thickness, not less than 125 mm and not more than 210 mm in length, not less than 97 mm and not more than 180 mm in width, weighing not less than 74 g and not more than 188 g (7009.10.0000)
• Rear-view mirrors of flat glass for motor vehicles, each measuring not less than 1.75 mm but not more than 2.4 mm in thickness, not less than 163 mm but not more than 210 mm in length, not less than 107 mm but not more than 167 mm in width and weighing not less than 80 g but not more than 188 g (7009.10.0000)
• Non-woven fiberglass and polyester composite panels, each panel measuring not less than 120 cm by 242 cm, and not less than 2 mm but not more than 10 mm in thickness (7019.39.1090)
• Bent bolts, tube nuts, of cold-heading quality carbon steel, measuring 18.75 mm in length and 19.50 mm in outside diameter (7318.15.2046)
• Furnace manifold and orifice holder assemblies of steel, with an internal thread and welded flat plate with screw holes, measuring not less than 15 cm in length, not less than 8 cm in width, and not less than 10 cm in height (7321.90.6060)
• Cable hooks of steel, each weighing not less than 0.2 kg, measuring not less than 9 cm in length, not less than 5 cm in width and not less than 1 cm in height with spring loaded closure gate (7326.90.8688)
• Registers, grills and diffusers of steel, of the type used for duct openings of heating and ventilating systems (7326.90.8688)
• Awning stabilizer kits, each comprising two zinc-plated steel constructed spiral stakes with two rolls of cord or two pull-tension straps, weighing not more than 2 kg (7326.90.8688)
• Toilet paper holders of brass with chrome or nickel finish (7418.20.1000)
• Hole saw cups, tungsten carbide tipped or bi-metal, measuring not less than 18.5 mm but not more than 166 mm in diameter (8202.99.0000)
• Sockets of zinc-plated alloy steel to fit 19 mm hex, each with quick-connect shaft, weighing not more than 250 g (8204.20.0000)
• Stamping dies of A2 or D2 tool steel, each measuring not less than 60 cm by 60 cm by 32 cm and not more than 370 cm by 155 cm by 125 cm, weighing not less than 1,360 kg or more but not more than 5,450 kg, of a kind suitable for stamping steel or aluminum (8207.30.6032)
• Ladder hooks and supports of polyethylene coated steel suitable for carrying waste tanks of recreational vehicles, each weighing not more than 2 kg (8302.30.3060)
• Push bars of aluminum for screen doors of recreational vehicles, each adjustable in length from not less than 500 mm to not more than 825 mm, weighing not more than 600 g (8302.30.3060)
• Awning roller bar hanging mountings of polyvinyl chloride for recreational vehicles, each with S-hook hangers having a capacity of not more than 7 kg, weighing not more than 200 g (8302.41.9080)
• Hand pumps for liquids (other than those of subheading 8413.11 or 8413.19) of acrylonitrile butadiene styrene (ABS) plastics (8413.20.0000)
• Hand-operated pumps, weighing 350 g each, designed to inflate or deflate sports balls (8414.20.0000)
• Sewing machines, not of the household type, not specially designed to join footwear soles to uppers; each such machine weighing 45 kg or more but not over 140 kg, suitable for sewing leather (number 8452.29.9000)
• Bath and shower faucets of copper, each consisting of a valve in which the temperature of the water exiting the faucet is controlled by an adjustable thermostat set to the user’s desire, having a pressure rating under 850 kPa
  (8481.80.1020)
• Bath and shower faucets of copper, each consisting of a valve to control flow of water, with one inlet port and one outlet port, having a pressure rating under 850 kPa (8481.80.1020)
• Bath and shower faucets of copper, each consisting of a valve to direct flow of water, with one inlet port and two outlet port, having a pressure rating under 850 kPa (8481.80.1020)
• Hand-operated shower faucets of copper, having a pressure rating under 850 kPa (8481.80.1020)
• Water pressure balance valves of brass, each with 1.91 cm inlet and 1.27 cm outlets (8481.80.1020)
• Water pressure balance valves of copper, each with 1.27 cm inlets and 1.27 cm outlets (8481.80.1020)
• Water pressure balance valves of copper, each with 1.91 cm inlets and 1.91 cm outlets (8481.80.1020)
• Faucets of copper having a pressure rating under 850 kPa, for sink and lavatories, each to be deck-mounted through one hole (8481.80.1030)
• Faucets of copper having a pressure rating under 850 kPa, for sinks and lavatories, each to be deck-mounted through three holes of which the distance between the centers of the outermost holes is 20.3 cm (8481.80.1030)
• Faucets of brass having a pressure rating under 850 kPa, for sinks and lavatories, each to be wall-mounted through two holes of which the distance between the centers of the holes is 20.3 cm (8481.80.1030)
• Supply stops of brass, each with 1.91 cm inlet and 1.91 cm outlet (8481.80.1040)
• Hand-operated valves of plastics, each comprising a bottle lid, drinking spout and flavor dispensing valve (8481.80.5090)
• Hand-operated valves of acrylonitrile butadiene styrene (ABS) plastic, each a hand operated, quarter-turn ball valve, threaded at one end to receive male end of U.S. garden hose (8481.80.5090)
• Pressure regulating valves of brass, adjustable, each threaded to fit U.S. garden hose, having a maximum input pressure setting of 1.1 MPa, weighing no more than 750 g (8481.80.9015)
• AC fan motors, single phase, of an output not exceeding 500 W, with motor and shaft measuring not more than 40 cm in length, specially designed for the heat pump of a recreational vehicle (8501.40.4040)
• Solar-powered battery chargers, each consisting of an ABS plastic housing, a solar panel charger and a 6 V or 12 V sealed lead acid battery (8504.40.9550)
• Printed circuit board assemblies of a kind used in motor vehicle lighting systems (8512.90.6000)
• Game calling devices, imported with or without remote control devices, used in hunting to simulate the sound of animals to attract game (8519.81.3020)
• Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 4 layers of copper (8534.00.0020)
• Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 2 layers of copper (8534.00.0040)
• Floor-mounted receptacles conforming to types 1-15R, 5-15R or 5-20R of the National Electrical Manufacturers Association (NEMA) (8536.69.8000)
• Locking adapter plugs, each with National Electrical Manufacturers Association (NEMA) type 5-15P plug and NEMA type SS2-50R receptacle, NEMA type 5-15P plug and NEMA type L5-30R receptacle, NEMA type TT30P plug and NEMA type SS2-50R receptacle or NEMA type TT-30P plug and NEMA type L5-30R receptacle, for connecting to standard 15 A and 30 A residential outlets and power pedestals (8536.69.8000)
• Male electrical plugs of polycarbonate plastics with brass terminals, each conforming to types TT-30P or 14-50P of the National Electrical Manufacturers Association (NEMA), with a handle in the shape of a loop
  (8536.69.8000)
• Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 9 m but not longer than 16 m in length, with National Electrical Manufacturers Association
  (NEMA) type 5-15P plug on one end and NEMA type 5-15R receptacle on the other (8544.42.9010)
• Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 4 m but not longer than 16 m in length, with National Electrical Manufacturers Association
  (NEMA) type TT-30P plug on one end and NEMA type TT-30R receptacle on the other or NEMA type 14-50P plug on one end and NEMA type 14-50R receptacle on the other, with handles on each end in the shape of loops
  (8544.42.9090)
• Cup holder assemblies, designed to be incorporated in the vehicles of headings 8701 to 8705 (8708.29.5060)
• Devices for mounting phones on motor vehicle interiors without a Universal Serial Bus (USB) charging port (8708.29.5060)
• Hitches receivers of steel, not suitable for towing applications, each receiver to be clamped onto the rear bumper of a recreational vehicle, such bumpers being square in section and measuring not more than 102 mm on a side (8708.99.8180)
• Tank holders of steel, designed to be mounted to the external rear bumper of a recreational vehicle, to safely secure portable holding tanks while the vehicle is in motion (8708.99.8180)
• Bicycles, not motorized, each having both wheels exceeding 63.5 cm in diameter, fixed gearing and a coaster brake (8712.00.3500)
• Bicycles, not motorized, having both wheels exceeding 63.5 cm in diameter, each having no more than three speeds and a coaster brake (8712.00.3500)
• Wheeled trailers suitable for towing behind an adult bicycle, each comprising a frame of aluminum with a hitch mechanism, weighing not more than 17.5 kg, with a capacity of not more than 46 kg, with those trailers designated for carrying children meeting ASTM International standard F1975 (8716.40.0000)
• Kayaks of high-density polyethylene, not inflatable (8903.99.0500)
• Electrical levels, each with four indicator lights that change from red to green when the surface on which the device rests is horizontal (9015.30.4000)
• Digital electronic balances of 5 cg or better sensitivity, battery powered, with outer housings of plastic, furnished with bowls or stainless steel platforms (9016.00.2000)
• Hand-held card counters, each consisting of a plastic case containing a circuit board, rechargeable battery and controls, weighing less than 1 kg (9029.10.8000)
• Upholstered seats with wooden frames other than chairs, not of cane, osier, bamboo or similar materials, each measuring at least 144 cm but no more than 214 cm in width, at least 81 cm but no more than 89 cm in height and at least 81 cm but not more than 163 cm in depth (9401.61.6011)
• Covers or shell liners of textile material, cut and sewn to shape, for the seats of heading 9401 (9401.90.5021)
• Parts of seats (other than of seats of a kind used for motor vehicles or of bentwood seats), consisting of fabric material cut to shape, including liner parts, partially sewn, with zippered cushions, weld cords or piping (9401.90.5021)
• Parts of seats (other than of seats of a kind used for motor vehicles or of bentwood seats), consisting of leather cut to shape, including liner parts, partially sewn, with zippered cushions, weld cords or piping (9401.90.5081)
• Household furniture of metal and high-pressure laminated bamboo (other than ironing boards, furniture for infants or children or bed frames) (9403.20.0050)
• Lockers, of steel (9403.20.0050)
• Display racks of powder coated steel, whether or not on casters, whether or not with LED lighting, each measuring at least 60 cm but not more than 125 cm in length, at least 60 cm but not more than 125 cm in width and at least 130 cm but not more than 225 cm in height, with slanted shelves with a lip at the front edge of each that measures 3 cm or more in height (9403.20.0080 prior to July 1, 2019; 9403.20.0081 effective July 1, 2019)
• Display tables of steel, each measuring not less than 92 cm but not more than 254 cm in width, not less than 46 cm but not more than 221 cm in depth, and not less than 66 cm but not more than 120 cm in height, with a steel lip around the entire top perimeter edge measuring not more than 3 cm in height, with plastic risers (9403.20.0080 prior to July 1, 2019; 9403.20.0081 effective July 1, 2019)
• Household furniture of high-pressure laminated bamboo, other than babies’ or children’s furniture (9403.82.0015)
• Bassinets, composed of polyester fabric with frames of steel tubing and partial solid wood rails, each measuring 86 cm by 51 cm by 86 cm, weighing 12 kg, with adjustable height legs on wheels (9403.89.6003)
• Parts of lockers, of steel (9403.90.8041)
• Ceiling luminaires of aluminum, with light-emitting diodes (LEDs), measuring at least 26 cm but not exceeding 39 cm in diameter, operating at 120 V or more but not exceeding 277 V, other than for household use
  (9405.10.6020)
• Troffers of aluminum incorporating light-emitting diodes (LEDs), measuring no more than 61 cm by 122 cm, other than for household use (9405.10.6020)
• Troffers of aluminum incorporating light-emitting diodes (LEDs), measuring no more than 61 cm by 61 cm, with selectable correlated color temperature, other than for household use (9405.10.6020)
• Electric household floor-standing lamps, of base metal other than brass, each measuring not more than 2 m in height (9405.20.6010)
• Electric household table or desk lamps, of base metal other than brass, each measuring not more than 92 cm in height (9405.20.6010)
• Electric household floor-standing lamps, of crystal, each measuring more than 36 cm but not more than 200 cm in height (9405.20.8010)
• Electric household table or desk lamps, of ceramics, each measuring not more than 92 cm in height (9405.20.8010)
• Electric household table or desk lamps, of concrete, each measuring not more than 92 cm in height (9405.20.8010)
• Electric household table or desk lamps, of crystal, each measuring not more than 92 cm in height (9405.20.8010)
• Electric household table or desk lamps, of glass, each measuring not more than 92 cm in height (9405.20.8010)
• Electric household table or desk lamps, of marble, each measuring not more than 92 cm in height (9405.20.8010)
• Electric household table or desk lamps, of polyester resin or plastics, each measuring not more than 92 cm in height (9405.20.8010)
• Outdoor lighting sets, each containing 6 or 10 polycarbonate bulb sockets (9405.40.8410)
• Flexible strips, each having embedded light-emitting diodes electrically connected to a molded electrical end connector, each strip wound onto a reel measuring not more than 25 cm in diameter and not more than 1.5 cm in width (9405.40.8440)

View USTR Notice

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.  To read more about Section 301, visit USTR.gov

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.

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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.