USTR Announces Additional Section 301 Exclusions, Importers Urged to Apply for Retroactive Refunds

USTR Announces Additional Section 301 Exclusions, Importers Urged to Apply for Retroactive Refunds

2019-10-01T14:26:56+00:00September 19th, 2019|Customs, Import, Industry Spotlight|

The Office of the United States Trade Representative published a notice of additional product exclusions and technical amendments for Section 301 tariffs on Chinese imports. The notice covers 437 specific product exclusions (1,170 filed requests), clarifies the application of double tariffs for sets, and creates a unified beginning and expiration for all three lists.

“This notice amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action. This notice also announces the U.S. Trade Representative’s determination to grant certain exclusion requests, as specified in Annex A. As specified in Annex B, this notice also makes technical amendments to the $200 billion action and to the $300 billion action announced in August 2019.”

USTR: FULL NOTICE OF AMENDMENTS & EXCLUSIONS

summary of changes


LIST 1 – EXCLUSIONS…

  • retroactive to July 6, 2018;
  • remain in place for one year after formal notice in the Federal Register; and
  • must be claimed using new HTSUS subheading 9903.88.14
  • Link to notice (See Annex)

LIST 2 – EXCLUSIONS…

  • retroactive to August 23, 2018;
  • remain in place for one year after formal notice in the Federal Register; and
  • must be claimed using new HTSUS subheading 9903.88.17
  • Link to notice (See Annex)

LIST 3 – EXCLUSIONS…

  • retroactive to September  24, 2018;
  • remain in place until August 7, 2020; and
  • must be claimed using new HTSUS subheading 9903.88.18
  • Link to notice (See Annex)

LISTS 3, 4A and 4B…

Additional duties do not apply for sets when a component of that set is already subject to the Section 301 tariff, essentially relieving the burden of double penalties for grouped goods (sets, ensembles).

UNIFORM EXPIRATION

Amends the exclusion process by establishing August 7, 2020 as a uniform expiration date for all exclusions granted under the $200 billion action.

NOTICE TO IMPORTERS

Importers are urged to review impacted classifications and apply for refunds based on the retroactive effective dates.

ANY IMPORTER MAY APPLY FOR REFUNDS REGARDLESS OF WHETHER THEY FILED AN EXCLUSION REQUEST. EXCLUSION SCOPE IS DEFINED BY PRODUCT, NOT BY INDIVIDUAL FILING.

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