Mar 27

Section 301 List 4 Batch 3 Product Exclusions

On March 31, 2020, The United States Trade Representative granted the third list of product exclusions for Section 301 List 4 products. 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.

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:

0505.10.0050
3926.90.9925
6506.10.3045
8512.10.2000
8528.72.6420
Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (3926.90.9990)
Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (3926.90.9990)
Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (3926.90.9990)
Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (3926.90.9990)
Ice bags of textile materials, for treating injuries or soreness, each refillable (6307.90.9889)
Identification wristbands of textile materials, each with a blank panel (6307.90.9889)
Apparatus suitable for wearing on the wrist, having time-display functions, each article having an accelerometer and being capable of displaying and transmitting data sent to it by a network (e.g., portable ADP unit, LAN or cellular network) (8517.62.0090)

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.

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.