Jun 09

Section 301 List 4 Batch 5 Product Exclusions

On June 8, 2020, The United States Trade Representative granted the fifth list of product exclusions for Section 301 List 4 products. The exclusions as set out in the Annex are reflected in two ten-digit HTSUS subheadings and 32 specially prepared product descriptions, which together respond to 55
separate exclusion requests.

Exclusions will be retroactive to September 1, 2019 and will remain effective 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. Further, the scope of each exclusion is governed by the scope of the 10-digit HTSUS subheading as described in the Annex, and not by the product descriptions set out in any particular request for exclusion. The exclusions comprise of different medical supplies, and were most likely pushed due to the coronavirus outbreak.

The exclusions include:

5210.11.4040 (plain weave sheeting of cotton)
5210.11.6020 (plain weave poplin or broadcloth of cotton)
down of ducks or geese, not further worked than cleaned, disinfected, or treated for preservation, meeting both test standards 4 and 10.1 of Federal Standard 148a promulgated by the General Services Administration, with a fill power of at least 315 cm3/g but not more than 580 cm3/g (0505.10.0055)
cyanuric chloride (IUPAC name: 2,4,6-trichloro-1,3,5-triazine) (CAS No. 108-77-0), 99.5 percent or higher in purity (2933.69.6010)
kneeling pads of plastics (3924.90.5650)
fittings of plastics, of a kind used to connect mop heads with mop handles (3926.90.9990)
printed books in the Chinese language (other than dictionaries and encyclopedias, textbooks, directories, bibles, testaments, prayer books and other religious books, technical, scientific and professional books, art and pictorial books, hardbound books, and rack size paperbound books), containing 49 or more pages each (excluding covers) (4901.99.0093)
women’s cut and sewn garden gloves, without fourchettes, cut and sewn from preexisting machine knitted fabric of polyester and cotton jersey, containing 50 percent or more by weight of rubber or plastics, clute cut (6116.10.4400)
gloves cut and sewn of machine knitted fabric, without fourchettes, with applied polyvinyl chloride dots, such gloves containing 50 percent or more by weight of cotton, manmade fibers or wool, or any combination thereof and subject to manmade fiber restraints (6116.10.5520)
gloves, containing less than 50 percent by weight of textile fibers, coated with rubber or plastics designed for enhanced grip (6116.10.6500)
gloves, cut and sewn of knitted fabric in chief weight of polyester, not impregnated, coated or covered with plastics or rubber, without fourchettes (6116.93.8800)
gloves of vegetable fibers, without fourchettes, with applied dots of polyvinyl chloride (6216.00.1720)
shells for pillows and comforters made from microfiber fabric consisting of filament yarns not more than 1.22 decitex, such fabric with a weight of at least 55 g/m2 but not more than 155 g/m2 (6307.90.9889)
round wire of nonalloy steel, hot-dipped galvanized with zinc, containing by weight less than 0.25 percent carbon, measuring at least 1.5 mm in diameter (7217.20.3000)
ring binder mechanisms for loose-leaf binders, each measuring at least 132 mm but not more than 134 mm in length and at least 16 mm but not more than 18 mm in width, with two prongs seated underneath housing (8305.10.0010)
three-way hand-operated valve part of brass, suitable for use as an input part on irrigation-grade valves (8481.90.1000)
lithium-ion batteries of a form other than size designations of the International Electrotechnical Commission or the American National Standards Institute, each producing not more than 45 V, with a capacity of at least 6,000 milliamp hours but not more than 10 A hours (8507.60.0020)
optical channel splitters (capable of converting between electrical signals and multiplexed optical signals) (8517.62.0090)
television liquid crystal display main board assemblies, each consisting of a printed circuit board containing a television tuner and audio and video components (8529.90.1300)
safety spectacle frames of plastics conforming to Occupational Safety and Health Administration standards (9003.11.0000)
spectacle frames of plastics conforming to Food and Drug Administration regulations as approved medical devices (9003.11.0000)
spectacle frames, other than of plastics (9003.19.0000)
LCD modules, not capable of receiving or processing a broadcast television signal, each with a video display diagonal measuring not more than 191 cm (9013.80.9000)
watch cases of stainless steel and titanium, not gold- or silver-plated, unassembled, each measuring at least 20 mm but not more than 48 mm in diameter and weighing at least 50 g but not more than 250 g (9111.20.4000)
wristwatch cases of stainless steel, not gold- or silver-plated, including the sapphire crystal, the crown, and the case back, each measuring at least 39 mm but not more than 41 mm in diameter and at least 8 mm but not more than 10 mm in thickness, weighing not more than 40 g (9111.20.4000)
watch dials of brass, each measuring at least 18 mm but not exceeding 50 mm in width and weighing at least 10 g but not more than 20 g (9114.30.4000)
wristwatch dials of copper, each measuring at least 33 mm but not more than 35 mm in diameter (9114.30.4000)
wristwatch hands, presented in sets each containing three hands (second, minute, and hour) of copper, each hand measuring at least 10 mm but not more than 14 mm in length, faced with lume paint (9114.90.4000)
parts of child safety seats (9401.90.1085)
unfinished pads and seats for weight-training exercise machines (9506.91.0030)
fish hooks, not snelled (9507.20.8000)
mop heads of polyester and rayon, lint free, disposable (9603.90.8050)
tufts of swine hair bristles, oriented with the soft feather tipped ends of the hairs facing up and the hard, root ends of the hairs facing down, with the root ends of the hairs glued together to form a round bottom not more than 7 mm in diameter, for incorporation into brushes (9603.90.8050)
electrical spark lighters (9613.80.2090)

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.

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.