The Office of the United States Trade Representative (USTR) recently announced a fifth set of product exclusions from the Section 301 25% duties on Chinese products. These exclusions relate to items that were included in the first list (‘List 1’) of products enacted on July 6, 2018. Products in List 1 include many technology imports with a combined value of $34 billion.
Complete product exclusion information, including Harmonized Tariff System (HTS) numbers, are included in the notice. This exclusion notice includes the single 10-digit U.S. HTS code 8537.10.8000, plus 88 specific product descriptions.
The USTR has deemed the exclusions will apply to all imports, regardless of applicant. The exclusions will cover imports for one year retroactive to July 6, 2018.
Importers should note the 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. Further, the scope of each exclusion is governed by the scope of the 10-digit headings and product descriptions in the Annex, and not by the product descriptions set out in any request for exclusion.
Exclusions granted previously for China Section 301 List 1 products include those on the following dates:
- May 14, 2019 covering 515 separate exclusions requests
- April 18, 2019 covering 348 separate exclusions requests
- March 25, 2019 covering 87 exclusion requests
- December 28, 2018 covering nearly 1,000 separate exclusion requests
Importers should carefully review this information to determine if any opportunity exists for duty refunds under these exclusions. Our U.S. Advisory Services team can assist with the identification of product exemptions and the filing of refund claims with U.S. Customs.
Delmar International will continue to monitor U.S. Section 301 trade developments and provide updated information as it is made available.
Please contact your local Delmar Representative or email our U.S. Customs Advisory Services Group for additional information and assistance.
Federal Register Notice 84 FR 25895