USTR Issues First Round of Section 301 Exclusions

USTR Issues First Round of Section 301 Exclusions

2019-01-14T14:20:16+00:00January 8th, 2019|Customs, Export, Freight Talk, Import, Shipping News|

Section 301 Exclusions Won’t be Implemented by CBP Until Government Shutdown Ends

“At the conclusion of the government funding hiatus, CBP will issue instructions on entry guidance and implementation,” Customs & Border Protection (CBP) has advised. Once the government shutdown is ended, the updates to ACE on the exclusions will implemented 10 days later. “Until these updates are completed, entry and entry summaries must be submitted without the Chapter 99 product exclusion number.”  Any entry and entry summaries that include the Chapter 99 product exclusion numbers will be rejected.

The Office of the United States Trade Representative (USTR) published exemptions for 1,000 separate exclusion requests impacted by the first round of Section 301 tariffs that came into effect July 2018.  

Exemptions will be applicable retroactively (to July 6, 2018) and are not limited to entities that filed exclusion requests. Refunds are available to all applicable imports.

Instructions on entry guidance and the refund process will come after the resolution of U.S. government closure.

Requests for exclusion had to identify the product physical characteristics distinguishing it from other products within the relevant 8-digit subheading covered by the $34 billion action, provide the alternative 10-digit HTSUS classification most applicable, and provide the quantity and value of the Chinese-origin product that the requestor purchased in the last three years.

LINK TO: Federal Register Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation

In addition, filers were asked to provide rationale for the requested exclusion, answering:

  • Whether the particular product only is available from China and specifically whether the particular product and/or a comparable product is available from sources in the United States and/or third countries.
  • Whether the imposition of additional duties on the particular product would cause severe economic harm to the requestor or other U.S. interests.
  • Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

SUMMARY OF SECTION 301 EXCLUSIONS:

(i)         8412.21.0075

(ii)        8418.69.0120

(iii)       8480.71.8045

(iv)       8482.10.5044

(v)        8482.10.5048

(vi)       8482.10.5052

(vii)      8525.60.1010

(viii)     8407.21.0080

Spark-ignition engines for marine propulsion, outboard, each rated at not less than 29.83 kW but not more than 44.74 kW

(ix)       8412.21.0030

Welded hydraulic linear acting (cylinders) engines and motors, each with piston bore of  12.7 mm or more but not over 34.6 mm, with stroke not over 11.43 m, overall length not over 15.24 m and rod diameter not over 1.219 m

(x)        8419.90.2000

Stretchers of stainless steel, designed to move rollers to adjust tension of paper fabric to be dried, each with a pivoting arm with an actuator, linear rail movement with an actuator, and front and back units with mounting holes for tube roll bearing housings.

(xi)       8420.10.9080

Roller machines with dies for embossing paper, manually powered.

(xii)      8421.19.0000

Salad spinners of plastics, with capacity of at least 2.4 liters but not more than 3.8 liters

(xiii)     8421.21.0000

Non-electric water filtration apparatus consisting of three cylinder-shaped filter cartridges, each measuring 6.35 cm by 26.67 cm, having water storage tank and plastic tubing measuring 0.63 cm or more but not over 0.95 cm, presented with installation kit

(xiv)     8425.39.0100

Winches, each having a winch frame with a corrosion resistant coating and stainless steel mandrel with nylon bushings, operated manually by a worm gear mechanism

(xv)      8428.32.0000

Elevators, comprising L-shaped steel buckets bolted to a steel chain, with guide rollers and a drive system

(xvi)     8428.33.0000

Belt conveyors, each comprising a frame with leveling feet, electric motor and food grade plastic conveyor belt

(xvii)    8428.33.0000

Belt conveyors, each comprising a welded frame with leveling feet and casters, electric motor and food grade plastic modular conveyor belt

(xviii)   8439.99.1000

Guards of stainless steel, designed to shield operators of papermaking machines from moving or rotating equipment, each with dimensions ranging from 30 cm by 30 cm by 50 cm to 50 cm by 50 cm by 4 m, weighing 30 kg or more but not over 100 kg

(xix)     8439.99.1000

Scrapers (“doctors”) of stainless steel, designed to scrape impurities from the rotating roll surface of the forming and press sections of papermaking machines, each comprising a beam with a blade of non-symmetrical cross section, long aspect ratio, and mounting journals and turning devices on either end, with dimensions ranging from 50 cm by 50 cm by 8 m to 60 cm by 6 m by 11 m, weighing 1 metric ton or more but not over 3 metric tons

(xx)      8439.99.1000

Frameworks of the forming and press section of papermaking machines, of stainless steel or cladded mild steel with stainless or acid proof steel, each with dimensions ranging from 1 m by 1 m by 1 m to 2.3 m by 2.3 m by 12 m, weighing 500 kg or more but not over 40 metric tons

(xxi)     8439.99.1000

Guides of stainless steel, designed for locating conveyer belts on papermaking machines, each with a moving arm with an actuator and front and back units with mounting holes for tube roll bearing houses, each with dimensions ranging from 40 cm by 50 cm by 30 cm to 1 m by 1 m by 50 cm, weighing 300 kg or more but not over 500 kg

(xxii)    8439.99.1000

Rollers of steel and cast iron (“nip rollers”) with bearing journals on either end, designed for use in paper manufacturing to mechanically compress paper web to remove water or impart desired mechanical properties in paper web, each with a polymer cover, the foregoing with length of 7 m or more but not over 12 m, with diameter of 1 m or more but not over 1.5 m, weighing 15 metric tons or more but not over 30 metric tons

(xxiii)   8439.99.1000

Open containers (“savealls”) of stainless steel, designed to catch water run off generated in the papermaking process, constructed of large square shaped plates and flat constructions with mounting holes on ends, each with dimensions ranging from 50 cm by 50 cm by 50 cm to 1.5 m by 1 m by 10 m, weighing 50 kg or more but not over 2 metric tons

(xxiv)   8439.99.1000

Stretchers of stainless steel, designed to move rollers of papermaking machines to adjust tension of fabric, each with a pivoting arm with an actuator, linear rail movement with an actuator and front and back units with mounting holes for tube roll bearing housings

(xxv)    8439.99.1000

Suction boxes of stainless steel, which remove water from paper web or papermaking fabrics during papermaking, each with dimensions ranging from 50 cm by 50 cm by 8 m to 1 m by 1 m by 10 m, weighing 1.5 metric tons or more but not over 2 metric tons

(xxvi)   8439.99.1000

Rollers of stainless steel or cast iron, designed for use in paper manufacturing to support and convey papermaking cloth (i.e. fabric) or the paper web, each weighing 7 metric tons or more but not over 20 metric tons, measuring 7 m or more but not over 12 m in length, with diameter of 40 cm or more but not over 1.5 m, presented with bearing journals on either end and a polymer cover

(xxvii)  8466.92.5010

Workstands designed to use with miter saws, each with metal tube frame, 4 metal legs and 2 metal extension arms

(xxviii)8466.92.5010

Workstands designed for use with miter saws, each with wheels to make workstand mobile and with sides that fold up to extend the work area

(xxix)   8481.90.9040

Angle cock handle assemblies, of iron and steel, each measuring 11.43 cm by 21.59 cm by 5.08 cm and weighing 0.748 kg

(xxx)    9022.14.0000

Radiation therapy systems, each encased by steel-based structural shell with gantry cover comprising three pairs of plastics-based panels

(xxxi)   9032.10.0030

Thermostats designed for air conditioning or heating systems, not designed to connect to the internet, the foregoing designed for wall mounting.

 

To Request an Exclusion, visit the USTR resource page, or contact your local Green freight representative.

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