May 01

Section 301 List 1 Exclusions up for Extension

The United States Trade Representative is now considering a possible 12-month extension of exclusions for Section 301 List 1 Batch 6. The comments and exclusions will be considered on a case-by-case scenario. Keep in mind, USTR will be determining whether the product remains available only from China.

List 1 Batch 6 Details

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 amendments to this exclusion list here.

The public docket will be open for comments between May 1, 2020 to June 1, 2020.

Submit your Comments

The Federal Register Notice, indicates that commenters should address:

Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries.
Any changes in the global supply chain since July 2018 with respect to the particular product or any other relevant industry developments.
The efforts, if any, the importers or U.S. purchasers have undertaken since July 2018 to source the product from the United States or third countries.
In addition, USTR will continue to consider whether the imposition of additional duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.

What to Include in Comments:

Contact information, including the full legal name of the organization making the comment, whether the commenter is a third party (e.g., law firm, trade association, or customs broker) submitting on behalf of an organization or industry, and the name of the third party organization, if applicable.
The number for the exclusion on which you are commenting as provided in the Annex of the Federal Register notice granting the exclusion and the description. For descriptions amended or corrected by a later issued notice of product exclusions, parties should use the amended or corrected description.
Whether the product or products covered by the exclusion are subject to an antidumping or countervailing duty
Whether you support or oppose extending the exclusion and an explanation of your rationale. Commenters must provide a public version of their rationale, even if the commenter also intends to submit a more detailed business confidential rationale.
Whether the products covered by the exclusion or comparable products are available from sources in the U.S. or in third countries. Please include information concerning any changes in the global supply chain since July 2018 with respect to the particular product.
The efforts you have undertaken since July 2018 to source the product from the United States or third countries.
The value and quantity of the Chinese-origin product covered by the specific exclusion request purchased in 2018 and 2019. Whether these purchases are from a related company, and if so, the name of and relationship to the related company.
Whether Chinese suppliers have lowered their prices for products covered by the exclusion following the imposition of duties.
The value and quantity of the product covered by the exclusion purchased from domestic and third country sources in 2018 and 2019.
If applicable, the commenter’s gross revenue for 2018 and 2019.
Whether the Chinese-origin product of concern is sold as a final product or as an input.
Whether the imposition of duties on the products covered by the exclusion will result in severe economic harm to the commenter or other U.S. interests.
Any additional information in support of or in opposition to extending the exclusion. Commenters also may provide anyother information or data that they consider relevant.

List 1 Batch 6 Products Include:

*Hint:  Type Ctrl + F and enter your HTS number or

the general product name to see if it belongs on the list below

Heat exchangers, the foregoing comprising parts of goods of heading 8402 and each fitted for heat recovery steam generator (HTSUS 8402.90.0010)
Drums, exhaust stacks, and inlet duct panel assemblies of heat recovery steam generators (HTSUS 8402.90.0090)
Water tanks for steam or other vapor generating boilers (HTSUS 8402.90.0090)
Compression-ignition engines with maximum power exceeding 50 kW but not exceeding 120 kW, each valued over $6,000 but not over $9,500 per unit (HTSUS 8408.90.9010)
Compression-ignition engines, exceeding 149.2 kW but not exceeding 373 kW and valued over $9,800 but not over $12,000 (HTSUS 8408.90.9020)
Aircraft gas turbine compressor cases of steel and Inconel alloy, each valued over $3,000 but not over $4,000 (HTSUS 8411.99.9090)
Engine stationary seal air supports of Inconel alloy (HTSUS 8411.99.9090)
Direct acting and spring return pneumatic actuators (HTSUS 8412.39.0080)
Spring-operated motors (HTSUS 8412.80.1000)
Gear-type hydraulic fluid power pumps, handheld, battery powered (HTSUS 8413.60.0030)
Centrifugal water pumps incorporating thermal cut-offs (HTSUS 8413.70.2015)
Motor vehicle oil pump housings (HTSUS 8413.91.9010)
Impellers (HTSUS 8413.91.9095)
Parts of oil and gas extraction beam pumps, other than hydraulic power pumps (HTSUS 8413.91.9095)
Pedestals of pump assemblies (HTSUS 8413.91.9095)
Pump bases, of plastic, designed to protect the pump impellers from obstructions (HTSUS 8413.91.9095)
Pump casings and bodies (HTSUS 8413.91.9095)
Pump covers (HTSUS 8413.91.9095)
Pump expellers (HTSUS 8413.91.9095)
Pump grease cups and grease cup adapters (HTSUS 8413.91.9095)
Pump liners (HTSUS 8413.91.9095)
Pump manifolds (HTSUS 8413.91.9095)
Pump parts, of plastics, each valued not over $3 (HTSUS 8413.91.9095)
Pump shaft castings, of steel (HTSUS 8413.91.9095)
Pump throatbushes (HTSUS 8413.91.9095)
Pump volutes (HTSUS 8413.91.9095)
Structural pump bases, of stainless steel (HTSUS 8413.91.9095)
Compressors, other than screw type, used in air conditioning equipment in motor vehicles (HTSUS 8414.30.8030)
Compressors, other than screw type, of a kind used in household refrigerators, air conditioners and heat pumps (HTSUS 8414.30.8050)
Fork-lift trucks, propane gas powered (HTSUS 8427.20.8090)
Motor grader weighing more than 14 metric tons but not over 21 metric tons (HTSUS 8429.20.0000)
Self-propelled pneumatic compactors (HTSUS 8429.40.0040)
New articulated shovel loaders, wheeled, each with 4-wheel drive, rear mounted engine and a bucket capacity of under 1.5 m ( HTSUS8429.51.1015)
Integrated tractor shovel loaders, each with 4 wheel drive, a bucket capacity of at least 3.8 m3 but less than 5.2 m3 (HTSUS 8429.51.1040)
Shovel loaders with an operating weight of from 30 metric tons to 36 metric tons (HTSUS 8429.51.1045)
Shovel loaders with an operating weight of from 30 metric tons to 36 metric tons (HTSUS 8429.51.1050)
Rubber track shovel loaders having a lift capacity not over 375 kg (HTSUS 8429.51.5010)
Grooved wire rope drum valued over $350 (HTSUS 8431.10.0010)
Escalator drive assemblies consisting of a motor, planetary gear and gearbox (HTSUS 8431.31.0040)
Escalator steps (HTSUS 8431.31.0040)
Parts of passenger or freight elevators consisting of any of the following:elevator emergency brake and speed governor apparatus, scissor lift assemblies, telescoping boom lift assemblies or articulating boom lift assemblies (HTSUS 8431.31.0060)
Counterweights for log handling equipment (HTSUS 8431.39.0070)
Backhoe counterweights each weighing more than 400 kg but not more than 600 kg (HTSUS 8431.49.9044)
Excavator crawler shoes (HTSUS 8431.49.9044)
Seeder or spreader baffle and baffle assemblies (HTSUS 8432.90.0060)
Seeder or spreader frames (HTSUS 8432.90.0060)
Seeder or spreader handles (HTSUS 8432.90.0060)
Seeder or spreader hopper assemblies (HTSUS 8432.90.0060)
Seeder or spreader hopper grates (HTSUS 8432.90.0060)
Seeder or spreader impellers (HTSUS 8432.90.0060)
Chipper/shredder machines, electrically powered (HTSUS 8436.80.0090)
Chipper/shredder machines, gasoline powered, valued less than $250 per unit (HTSUS 8436.80.0090)
Malt production equipment (HTSUS 8436.80.0090)
Horizontal lathes, electrically powered not over 1.5 horsepower (HTSUS 8458.19.0020)
Feeder and vibratory flow equipment and parts thereof designed for use in screening or sorting machines ( HTSUS 8474.90.0010)
Press machines for bamboo or other materials of a woody nature (HTSUS 8479.30.0000)
Electric wire coil-winder machines (HTSUS 8479.81.0000)
Insulated mixing chambers of stainless steel, each having a capacity of 5 m3 to 25 cubic meters (HTSUS 8479.82.0040)
Check valves of steel having an internal diameter not less than 4.8 cm or exceeding 62.5 cm (HTSUS 8481.30.2090)
Bodies of pressure-reducing valves other than hand-operated or check valves and valves classified in 8481.20, such bodies of brass (HTSUS 8481.90.9060)
Bodies of valves other than hand-operated or check valves and valves classified in 8481.20 (HTSUS 8481.90.9060)
Flanged wheel hub bearing units with ball bearings (HTSUS 8482.10.5016)
Wheel hub angular contact bearing units, not flanged, valued over $2 but not over $10 per unit (HTSUS 8482.10.5024)
Inner bearing rings (HTSUS 8482.99.0500)
Non-toothed gears for office printers (HTSUS 8483.40.9000)
Non-grooved pulleys, each incorporating a deep groove roller bearing (HTSUS 8483.50.9080)
Non-grooved pulleys, zinc plated (HTSUS 8483.50.9080)
Hubs for conveyor pulleys (HTSUS 8483.90.8080)
Handles for machinery (HTSUS 8487.90.0080)
Electric motors of a width exceeding 7.5 cm but not exceeding 7.8 cm (HTSUS 8501.10.4060)
DC motors, with attached stranded copper cord (HTSUS 8501.31.2000)
AC motors, multi-phase ( HTSUS 8501.53.4080)
AC generators (HTSUS 8501.62.0000)
Transformers designed to control horizontal motion of electron beams in cathode-ray tubes (HTSUS 8504.33.0020)
Static converter covers, bases and housings (HTSUS 8504.90.9650)
Furnace casings ( HTSUS 8514.90.8000)
Structural components for industrial furnaces (HTSUS 8514.90.8000)
Manually operated rework stations, including soldering/desoldering stations (HTSUS 8515.19.0000)
Machines and apparatus for arc (including plasma arc) (HTSUS 8515.39.0020)
Hand-held transceivers (except Citizen’s Band and except low-power radiotelephonic operating on frequencies from 49.82 MHz to 49.90 MHz) (HTSUS 8525.60.1030)
Fixed capacitors valued not over $4 per unit (HTSUS 8532.10.0000)
Fixed oil-filled capacitors rated at 1 kV to 25 kV (HTSUS 8532.10.0000)
Tantalum capacitors having a conductive polymer cathode (HTSUS 8532.21.0050)
Tantalum capacitors (HTSUS 8532.21.0050)
Aluminum electrolytic capacitors ( HTSUS 8532.22.0085)
Contactors, for a voltage not exceeding 60 V and with contacts rated at or more than 10 A (HTSUS 8536.41.0045)
Rotary switches, rated at over 5 A (HTSUS 8536.50.9025)
Rotary switches, single pole, single throw (SPST), rated at over 5 A (HTSUS 8536.50.9025)
Momentary contact switches rated at or under 5 A (HTSUS 8536.50.9031)
Momentary contact switches rated at or under 5 A (HTSUS 8536.50.9031)
Rocker switches, for a voltage not exceeding 1,000 V, designed for use in motor vehicles (HTSUS 8536.50.9065)
Molded buttons (HTSUS 8538.90.6000)
Molded housings and covers (HTSUS 8538.90.6000)
Tanks for dead tank circuit breakers, of aluminum (HTSUS 8538.90.8120)
Aluminum anodes for use with machines and apparatus for electroplating, electrolysis or electrophoresis (HTSUS 8543.30.9080)
Chlorine generator chambers containing titanium plates for use with machines and apparatus for electroplating, electrolysis or electrophoresis (HTSUS 8543.30.9080)
Zinc anodes for use with machines and apparatus for electroplating, electrolysis or electrophoresis (HTSUS 8543.30.9080)
Weather station sets, each consisting of a monitoring display and outdoor weather sensors (HTSUS 9015.80.8080)
Veterinary ultrasound device with black-and-white image (HTSUS 9018.12.0000)
Microwave ablation antennas (HTSUS 9018.90.6000)
Parts and accessories of electro-surgical instruments and appliances, other than extracorporeal shock wave lithotripters (HTSUS 9018.90.6000)
Smoke evacuation pencils (HTSUS 9018.90.6000)
Suction coagulators, consisting of a hand-piece with mechanical and/or electrical controls and a disposable shaft (HTSUS 9018.90.6000)
Vessel sealing and dividing devices that use electrical energy (HTSUS 9018.90.6000)
Dental X-ray alignment and positioning apparatus (HTSUS 9022.90.6000)
Multi-leaf collimators of radiotherapy systems based on the use of X-ray ( HTSUS 9022.90.6000)
Overhead tube suspension used to hold and position X-ray generating equipment (HTSUS 9022.90.6000)
Instruments and apparatus that chemically analyze food to detect the presence of gluten or peanuts (HTSUS 9027.80.4530)
Picoammeters with recording devices (HTSUS 9030.39.0100)
Humidistats, each with outdoor sensor (HTSUS 9032.89.6070)

Background

Effective July 6, 2018, the U.S. Trade Representative imposed additional duties on goods of China with an annual trade value of approximately $34 billion as part of the action in the Section 301 investigation of China’s acts, polices and practices related to technology transfer, intellectual property, and innovation. These goods are classified in 818 8-digit subheadings of the Harmonized Tariff Schedule (HTSUS). Furthermore, the USTR initiated an exclusion process for List 1 goods and continues to add exclusions applying to various products included on this list. A summary of each list can be found on this page or you can download each Federal Register notice below, as well.

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.

About Scarbrough

Scarbrough Global 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, and customized solutions. 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.