UPDATE 03/28/19: Additional List 1 goods from China excluded from Section 301 Tariffs

Posted on Mar 28

UPDATE: March 28, 2019

As mentioned below, Federal Register Notice dated March 25, 2019 has now been issued which lists the 3 HTS numbers that are totally exempt from additional duties, as well as those products that may qualify for the partial exemption of an additional 30 HTS numbers.

Please note that these partial exemptions are product specific so even if you import items under any of these 30 HTS numbers, your product still may not qualify for the exemption. To review the specific product requirements, you can access the Federal Register Notice below.

https://www.federalregister.gov/documents/2019/03/25/2019-05588/notice-of-product-exclusions-chinas-acts-policies-and-practices-related-to-technology-transfer

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The Office of the U.S. Trade Representative has just announced a second round of products that will be either completely or partially excluded from the additional 25 percent duty imposed on some $34 billion worth of imports from China (List 1 goods).

These exclusions will be retroactive to July 6, 2018, and will remain in place for one year after the date of publication of the exclusion determination in the Federal Register, which we expect to be published shortly.

In total, 33 additional tariffs will be excluded either completely or partially.

The following three HTS numbers are totally excluded: 8414.21.0045, 8430.31.0040, 8607.21.1000.

The following 30 additional HTS numbers will be granted a partial exclusion:

8413.70.2004, 8413.81.0040, 8413.91.9095, 8413.91.9080, 8414.90.4165, 8421.19.0000, 8421.21.0000, 8421.22.0000, 8421.99.0040, 8428.32.0000, 8431.49.9095, 8439.91.9000, 8471.70.6000, 8479.10.0060, 8481.30.9000, 8501.10.4020, 8501.31.5000, 8504.32.0000, 8515.11.0000, 8538.90.6000, 8539.90.0000, 9013.80.7000, 9014.80.2000, 9018.90.7580, 9027.90.5650, 9031.80.8085.

These exclusions can be claimed using new HTSUS subheading 9903.88.06, and they are available for any product that meets the specific product description, regardless of whether the importer filed an exclusion request.

USTR notes that the scope of each exclusion is governed by the scope of the 10-digit headings and the specific product descriptions and not by the product descriptions set out in any particular request for exclusion.

For additional information, please contact your V. Alexander account team.