Section 301 List 4 product Exclusions

updated 8/10/2020

List 4

The exclusion process for List 4 closed on January 31, 2020.

Any importer that has imported the following products on or after September 1, 2019 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.


Product Exclusions Granted for List 4


List 4 Batch 1 Product Exclusions

  • Published March 10, 2020
  • Effective September 1, 2019
  • Valid 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.
  • The exclusions are reflected in 8 ten-digit HTSUS subheading, which cover 59 separate requests;

List 4 Batch 2 Product Exclusions

  • Published March 17, 2020
  • Effective September 1, 2019
  • Valid 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.
  • The exclusions as set out in the Annex are reflected 19 specially prepared product descriptions covering 39 separate exclusion requests, and must be claimed using subheading 9903.88.42.

List 4 Batch 3 Product Exclusions

  • Published March 31, 2020
  • Effective September 1, 2019
  • Valid 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.
  • The exclusions as set out in the Annex are reflected in five 10-digit HTSUS numbers and seven specially prepared product descriptions covering 36 separate exclusion requests.

List 4 Batch 4 Product Exclusions

  • Published May 13, 2020
  • Effective September 1, 2019
  • Valid 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.
  • The exclusions as set out in the Annex are reflected in three 10-digit HTSUS subheadings and five specially prepared product descriptions covering 27 separate exclusion requests. This list has been modified.

List 4 Batch 5 Product Exclusions

  • Granted June 8, 2020
  • Effective September 1, 2019
  • Valid 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.
  • 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.

List 4 Batch 6 Product Exclusions

  • Granted July 7, 2020
  • Effective September 1, 2019
  • Valid 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.
  • As set out in the Annex, the exclusions are reflected in 61 specially prepared product descriptions, which together respond to 86 separate exclusion requests.


List 4 Batch 7 Product Exclusions

  • Granted July 20, 2020
  • Effective September 1, 2019
  • Valid 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.
  • As set out in the Annex, the exclusions are reflected in 11 existing ten-digit HTSUS subheadings and 53 specially prepared product descriptions, which together respond to 242 separate exclusion requests.

List 4 Batch 8 Product Exclusions

  • Granted August 5, 2020
  • Effective September 1, 2019
  • Valid 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.
  • As set out in the Annex, the Section 301 List 4 exclusions are reflected in one existing ten-digit HTSUS subheading and 9 specially prepared product descriptions, which together respond to 25 separate exclusion requests. The exclusions can be claimed using the HTS number 9903.88.55

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.


Free 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

USTR Exclusions Search Tool