Product Exclusions for Section 301 List 2 Tariffs

Posted on Jul 30


USTR Extends Several Section 301 List 2 Exclusions, But Others Will Soon Expire

On July 28, 2020, the Office of the U.S. Trade Representative (USTR) issued a notice extending certain Section 301 List 2 Round 1 exclusions. The 14 extended exclusions are based on the specific product description and include items such as:

• Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060)
• Motorcycles (including mopeds), with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc, valued not over $500 each (described in statistical reporting number 8711.10.0000)
• Dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump, each article weighing not more than 3 kg (described in statistical reporting number 8424.89.9000)

These exclusions were originally claimed under 9903.88.12 and scheduled to expire on July 31, 2020. The extended exclusions can now be claimed under 9903.88.54 from July 31, 2020 through December 31, 2020. It is important to note that although the exclusion of 14 products was extended until December, 55 other products were not and will therefore expire on July 31, 2020.

The USTR notice listing all affected products can be found here.

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

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USTR Announces China Tariff List 2 Exclusion for Electric Skateboards

An exclusion from the Section 301 additional 25 percent tariff on List 2 goods from China has been granted for skateboards with electric power for propulsion, of a power not exceeding 250W (described in HTSUS 8711.60.0050). This exclusion will be retroactive to Aug. 23, 2018, and remain in place through Oct. 1, 2020. In the same announcement, USTR is revising a previously granted exclusion, which covered silicone presented in 55 gallon drums or 275 gallon intermediate bulk containers described in HTSUS 3910.00.0000, to include all products described in that subheading. A copy of the full notice can be found here.

As has been the case in the past, this exclusion is 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 for updates on this and other topics.


The Office of the U.S. Trade Representative (USTR) has released the first set of HTS subheadings that are partially excluded from Section 301 List 2 tariffs.

Today’s notice contains 69 HTS subheadings. Again, these subheadings do not provide full HTS exemptions, but are only applicable to certain products within those subheadings. These products are excluded from the 25% tariffs.

This latest round of exclusions will apply retroactively to all List 2 products which meet the specified criteria and will be effective August 23, 2018 , the date on which the U.S. first imposed the additional 25% duties on Chinese List 2 products.

Importers who have eligible products are able to claim an exemption under the new exclusions for up to a year from the date the official notice is posted in the Federal Register, regardless of whether the importer actually filed an exclusion request.

The list of HTS subheadings that have been granted partial exclusion from the List 2 25% tariffs are as follows:

3901.90.1000, 3904.61.0090, 3906.90.2000, 3907.20.0000, 3919.90.5060, 3919.90.5060, 3920.10.0000, 8407.90.1020, 8407.90.9010, 8407.90.9040, 8419.89.9585, 8424.89.9000, 8432.29.0060, 8432.42.0000, 8465.95.0055, 8483.30.8020, 8501.10.6020, 8501.10.6080, 8501.31.8010, 8501.52.4000, 8503.00.9520, 8536.30.8000, 8537.10.3000, 8541.10.0050, 8543.70.4500, 8543.70.9960, 8607.30.1000, 8711.10.0000, 9001.20.0000, 9025.19.8040, 9025.19.8080, 9025.80.1000, 9028.10.0000, 9028.20.0000 and 9029.20.4080.

The Federal Register Notice contains the complete and specific product descriptions and can be found here.

Please contact your V. Alexander account team with any questions.