SECTION 301 TARIFF UPDATES CHINA LIST 3

Section 301 Tariff Exclusion Requests Granted
China List 3 ($200 billion)

Updated: 8/6/2019

Per the USTR’s Federal Register notices, the product exclusions are available for any product that meets the description in the annex to the Federal Register notice, regardless of whether the importer filed an exclusion request. The scope of each inclusion is governed by the scope of the 10-digit subheadings and product descriptions listed in the annex, not by the product descriptions set out in any particular request for exclusion.

Product exclusions granted by the USTR are retroactive to September 24, 2018, the effective date of this $200 billion action, and will extend for one year after the publication of the exclusion notice in the Federal Register. The exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request. The scope of each exclusion is governed by the scope of the product descriptions set forth in the notice and not by the product descriptions in any particular request.

U.S. Customs and Border Protection will issue instructions on entry guidance and implementation.

If you have a pending product exclusion request with the USTR and you are concerned that an entry may liquidate before the USTR renders a decision on the exclusion request, you can:

  • Request an extension of the liquidation deadline and file a Post Summary Correction no later than 15 days prior to the extended date of liquidation
  • File a protest up to 180 days after liquidation

The USTR will continue to issue decisions on pending requests on a periodic basis.

Product exclusions must be claimed using the new HTSUS subheading 9903.88.13.

 

HTS Code Applies To Product Date Exclusion Granted
3923.10.9000 Product Specific Container units of plastics, each comprising a tub and lid therefore, configured or fitted for the conveyance, packing, or dispensing of wet wipes 8/6/2019
3923.50.0000 Product Specific Injection molded polypropylene plastic caps or lids each weighing not over 24 grams designed for dispensing wet wipes 8/6/2019
3926.90.3000 Product Specific Kayak paddles, double ended, with shafts of aluminum and blades of fiberglass reinforced nylon 8/6/2019
5402.20.3010 Product Specific High tenacity polyester yarn not over 600 decitex 8/6/2019
5603.92.0090 Product Specific Nonwovens weighing more than 25 g/m2 but not more than 70 g/m2 in rolls, not impregnated coated or covered 8/6/2019
7323.99.9080 Product Specific Pet cages of steel 8/6/2019
8716.80.5090 Product Specific Carts, not mechanically propelled, each with three or four wheels, of the kind used for household shopping 8/6/2019
8716.90.5060 Product Specific Truck trailer skirt brackets, other than parts of general use of Section XV 8/6/2019
8903.10.0060 Product Specific Inflatable boats, other than kayaks and canoes, with over 20 gauge polyvinyl chloride (PVC), each valued at $500 or less and weighing not over 52 kg 8/6/2019
8903.10.0060 Product Specific Inflatable kayaks and canoes, with over 20 gauge polyvinyl chloride (PVC), each valued at $500 or less and weighing not over 22 kg 8/6/2019

Exclusion Requests

The USTR will continue to accept exclusion requests for List 3 goods until September 30, 2019.

Requestors are asked to provide the quantity and value of the Chinese-origin product that the requestor purchased in the last three years. With regard to the rationale for the requested exclusion, requests should address the following factors:

  • Whether the particular product is available only from China and specifically whether the particular product and/or a comparable product is available from sources in the
    United States and/or third countries.
  • Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests.
  • Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

The USTR strongly prefers an electronic submission for all exclusion requests.  Requestors can submit their requests through the Federal eRulemaking Portal at www.regulations.gov.  Follow the instructions for submitting comments in sections E and F of the July 17th notice.  The docket number – USTR-2018-0026 – has not changed.  If you have already provided written comments and wish to provide further comments, please do so by filing a supplemental comment.