USTR Announces Another Round of Product Exclusions for Certain List 3 Products

Posted on Nov 27

Update 11/27/2019

USTR has Announced Another List of Section 301 Exclusions for Certain Products on List 3

Additional exclusions from the Section 301 additional 25 percent tariff on List 3 goods from China have just been announced by the Office of the U.S. Trade Representative. This notice contains 32 specifically identified products. Some of the products contained in this latest list of exclusions include certain electric lamps, outdoor tables, folding chairs and tables, vacuum cleaners, starter motors, bicycles, carts, canoes, and foldable stepladders. The complete list of exclusions can be found here.

According to the USTR, this latest round of exclusions will apply retroactively to September 24, 2018 (the date the duties were first imposed) for all products meeting the specific product descriptions, and will remain in place until August 7, 2020.

Importers should review the list of excluded goods and, if applicable, apply for refunds of any tariffs paid on such goods since Sept. 24, 2018. It is important to note that these exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request.

Please contact your V. Alexander account team with any questions and follow us on our website www.valexander.com for updates on this and other topics.

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Update 11/11/2019

An additional 34 product exclusions from the Section 301 additional 25 percent tariff on List 3 goods from China have been announced by the Office of the U.S. Trade Representative. Additionally, two HTS subheadings (8409.91.3000 and 8708.50.9500) are fully excluded. The exclusions will be retroactive to Sept. 24, 2018, and remain in place to Aug. 7, 2020.

Items such as pet leashes, floor panels, some fabrics and yarns, vehicle wheels, and certain floor tiles and coverings are included in this latest round. A copy of the notice containing the specific product descriptions and corresponding HTS numbers can be found here.

Importers should take this opportunity to review the attached list of exclusions and determine if any of the exclusions are applicable to your product. If so, you may want to apply for refunds of any tariffs paid on such goods since Sept. 24, 2018. Keep in mind the product exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request.

Please contact your V. Alexander account team with any questions and follow us on our website www.valexander.com for updates on this and other topics.

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Update 10/28/2019

Additional exclusions from the Section 301 additional 25 percent duties for goods on China List 3 goods have been announced by the Office of the U.S. Trade Representative.

A copy of the Federal Notice listing the excluded products can be found here.

These most recent exclusions cover 83 specific product exclusion requests and are retroactive to September 24, 2018.

The exclusions will expire on August 7, 2020.

We would encourage you to review this list to determine if any of your products could be eligible for the exclusion. Remember that these exclusions are available for any product that meets the specified product description, regardless of whether the importer was the one that filed the exclusion request. If your imported product is covered by an exclusion, it is possible to apply for a retroactive refund on the additional duties you have paid.

Please contact your V. Alexander account team with any questions and follow us on our website www.valexander.com for updates on this and other topics.

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Update 08/06/2019:

The United States Trade Representative (USTR) Office has just released the first group of HTS subheadings that will be granted a partial exclusion from the China List 3 tariffs. In total, certain products within 10 HTS subheadings will be exempt from the current additional 25% tariffs that were initially applied in September 2018 at a rate of 10%. The additional tariff increased from 10% to 25% on May 10th, 2019.

These partial exclusions may be applied retroactively to September 24, 2018, and may be requested for up to one year after the official notice is posted in the Federal Register.

The list of HTS subheadings that have been granted partial exclusion from the List 3 25% tariffs are as follows:

3923.10.9000, 3923.50.0000, 3926.90.3000, 5402.20.3010, 5603.92.0090, 7323.99.9080, 8716.80.5090, 8716.90.5060, 8903.10.0060 and 8903.10.0060.

A copy of the Federal Register Notice which contains the specific product information can be found here.

For questions, please contact your V. Alexander account team.

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Update 06/21/2019:

Further to our earlier News Alert on May 29, the United States Trade Representative (USTR) published a notice on June 20 providing their plans to open an electronic portal which will be used for requesting exclusions for products contained in List 3.

Products granted an exclusion will be retroactively applied to September 24, 2018 when additional duties for Section 301 List 3 products were first imposed.

The June 20 Federal Register Notice can be found here.

The link to the electronic exclusion request portal can be found here.

Lastly, the USTR has a site designed to assist importers with understanding the additional China duties. It’s a handy tool and has helpful features that is beneficial to importers affected by these duties.

V. Alexander will continue to monitor this and provide updates when available. Should you have any questions, please contact your account team!

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05/29/2019

The USTR has requested emergency approval from the Office of Management and Budget (OMB) to gather information as part of the China 301 List 3 exclusion process, which is intended to benefit “interested U.S. parties” affected by the List 3 tariffs. Published in a Federal Register notice Tuesday 84 FR 23145 (found here), comments to the OMB are due June 7th, approval by OMB is expected by June 20th, and the target start for the exclusion application process is June 30th. OMB approval of the form and data gathering is expected. The information required for the application request are included in the Federal Register, and can serve as the basis for preparation of the exclusion requests by “interested U.S. parties”. The form itself will be finalized at a later date, but with this information you can begin preparing for an exclusion request if you decide to do so. Note that each request is for a particular product within an affected HTS provision.

Here are the pertinent dates to consider……

June 7 – Comments to OMB on the proposed data collection and form
June 20 – OMB confirmation of the proposed data collection
June 30 – Expected start of filings for exclusion process
December 20 – Expected end date for filing exclusion requests

Time frames:

14 days after filing – Comments by interested parties supporting or opposing exclusion request
7 days later – Rebuttal or other comments responding to supporting or opposing comments

V. Alexander will continue to monitor this situation and provide updates as they become available.

Please contact your account team with any questions.