The Office of the U.S Trade Representative has published its sixth round of Section 301 List 1 tariff exclusions. The exclusions apply to 110 specially prepared product descriptions, which cover 362 separate exclusion requests.
The product exclusions granted in this latest round include the following HTS subheadings and include pumps, compressors, fork-lift trucks, escalator/elevator parts, and various machine parts.
| 8402.90.0010 | 8431.31.0060 | 8504.33.0020 |
| 8402.90.0090 | 8431.39.0070 | 8504.90.9650 |
| 8408.90.9010 | 8431.49.9044 | 8514.90.8000 |
| 8408.90.9020 | 8432.90.0060 | 8515.19.0000 |
| 8411.99.9090 | 8436.80.0090 | 8515.39.0020 |
| 8412.39.0080 | 8458.19.0020 | 8525.60.1030 |
| 8412.80.1000 | 8474.90.0010 | 8532.10.0000 |
| 8413.60.0030 | 8479.30.0000 | 8532.21.0050 |
| 8413.70.2015 | 8479.81.0000 | 8532.22.0085 |
| 8413.91.9010 | 8479.82.0040 | 8536.41.0045 |
| 8413.91.9095 | 8481.30.2090 | 8536.50.9025 |
| 8414.30.8030 | 8481.90.9060 | 8536.50.9031 |
| 8414.30.8050 | 8482.10.5016 | 8536.50.9065 |
| 8427.20.8090 | 8482.10.5024 | 8538.90.6000 |
| 8429.20.0000 | 8482.99.0500 | 8538.90.8120 |
| 8429.40.0040 | 8483.40.9000 | 8543.30.9080 |
| 8429.51.1015 | 8483.50.9080 | 9015.80.8080 |
| 8429.51.1040 | 8483.90.8080 | 9018.12.0000 |
| 8429.51.1045 | 8487.90.0080 | 9018.90.6000 |
| 8429.51.1050 | 8501.10.4060 | 9022.90.6000 |
| 8429.51.5010 | 8501.31.2000 | 9027.80.4530 |
| 8431.10.0010 | 8501.53.4080 | 9030.39.0100 |
| 8431.31.0040 | 8501.62.0000 | 9032.89.6070 |
Per the USTR’s Federal Register notice, 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. Check the full list on the Federal Register notice to see if you qualify for a refund by clicking here.
Product exclusions granted by the USTR so far are retroactive to July 6, 2018 – the date the U.S. first imposed the additional 25% duty on List 1, covering $34 billion worth of Chinese products – and will extend for one year after the publication of the exclusion notice in the Federal Register.
Importers of Record (IOR) may request an administrative refund for products which were granted an exclusion by the USTR by filing a Post Summary Correction. Post Summary Corrections may be filed 300 days after release or 15 days prior to liquidation, whichever occurs first.
OCEANAIR, Inc. can help you with the process to recover the overpaid duties if you have hits on the harmonized codes with exclusions.
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
U.S. Customs and Border Protection (CBP) will issue instructions on entry guidance and implementation, the USTR announced.
On July 6, 2018 the U.S. Trade Representative (USTR) imposed additional duties on certain goods from China as part of the action in the Section 301 investigation into China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The USTR’s determination included a decision to establish a product exclusion process in which interested stakeholders submitted requests for the exclusion of specific products from the additional 25% duties. The USTR granted exclusion requests in December 2018, March 2019, April 2019, May 2019, and June 2019, and will continue to issue decisions on pending requests on a periodic basis.
OCEANAIR will continue to monitor and provide status updates on the Section 301 Tariff Updates page as they become available. This page also includes a complete list of all product exclusions granted by the USTR to date.
