On Tuesday, December 17, 2019, the Office of the U.S. Trade Representative (USTR) issued another set of Section 301 exclusions for List 3 ($200 million) and explanatory clarification for List 1 ($34 billion) regarding products from China.

LIST 3 ($200 MILLION)

New exclusions are reflected in 9 ten-digit HTSUS subheadings and 35 specially prepared product descriptions, which cover 75 separate exclusion requests.

List 3 product exclusions will apply retroactively from September 24, 2018 until August 7, 2020.

Pursuant to the product exclusion process, the U.S. Trade Representative has determined that the additional duties provided for in heading 9903.88.03 or in heading 9903.88.04 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

(1) 0304.72.5000 – Haddock fillets, frozen, others

(2) 0304.83.1015 – Sole fillets, skinned, frozen blocks weighing over 4.5 kg each, imported to be minced, ground or cut into pieces of uniform weights and dimensions

(3) 0304.83.1020 – Flounder fillets, skinned, frozen blocks weighing over 4.5 kg each, imported to be minced, ground or cut into pieces of uniform weights and dimensions

(4) 0304.83.5090 – Flatfish fillets, frozen, others.

(5) 8507.20.4000 – Lead acid storage batteries, used, as the primary source of electrical power for electrically powered vehicles of subheading 8703.90.

(6) 8708.50.8500 – Parts of motor vehicles, others, of headings 8703: half-shaft and drive shafts.

(7) 8708.94.7510 – Steering shaft assemblies incorporating universal joints for motor vehicles of heading 8701 to 8705.

(8) 8708.99.8105 – Brake hoses of plastics, with attached fittings, for motor vehicles of heading 8701 to 8705.

(9) 8712.00.1520 – Bicycles having both wheels exceeding 50 cm but not exceeding 55 cm in diameter.

(10) 0803.90.0045 – Bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g.

(11) 0813.30.0000 – Apples, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g.

(12) 0813.40.4000 Peaches, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g.

(13) 0813.40.9000Pears, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g.

(14) 0813.50.0020 – Mixtures of strawberries and bananas, freeze-dried and sliced, put up for retail sale in packages each having a net weight of 15 g.

(15) 2103.90.8000 – Mixed seasoning of Himalayan salt, tomato flake, lemon peel, basil, black pepper and sage, put up for retail sale in packages each weighing 200 g.

(16) 4823.70.0040 – Molded blocks of wood pulp cellulose sponge, each measuring not over 105 cm by 105 cm by 40 cm.

(17) 5408.32.9050 – Satin woven fabrics of artificial filament yarn, consisting of 63 percent rayon and 37 percent combed cotton, dyed, weighing not over 211 g/m2.

(18) 5603.94.1090 – Nonwoven rug pads, each comprising a 100 percent polyester fiber fabric, face laminated to a thermoplastic elastomer and weighing over 150 g/m2.

(19) 5609.00.3000 – Ropes of man-made fibers, each measuring 1.7 m or more but not over 6.1 m in length with breaking strength of 22 kg or more but not over 230 kg, with hooks of base metal and locking mechanisms to maintain tension on the rope.

(20) 7323.99.9040 – Gates for confining children or pets, of steel not coated or plated with precious metals.

(21) 7326.90.8688 – Steel electrical boxes, designed for lighting fixtures, switches, receptacles or outlet devices, such boxes weighing 0.4 kg or more but not over 3.5 kg, 10.2 cm in length or more, 5 cm or more but not over 10.2 cm in width and 12 cm in height, the foregoing UL listed.

(22) Telescoping multi-position ladders of aluminum, each with maximum reach height of 4.2 m or more but not over 7.9 m, with locks to adjust the telescoping positions and with load rating of 136 kg or more but not over 170 kg (described in statistical reporting number 7616.99.5130)

(23) 8302.49.6055 – Towers of aluminum, unassembled, each designed to be mounted on a boat, incorporating at least one point to which a tow rope may be fastened for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.9 m in height and no more than 2.5 m in width.

(24) 8302.49.6055 – Towers of aluminum, unassembled, each designed to be mounted on the body of a boat, incorporating a tow point for towing individuals participating in water sports such as wakeboarding, the assembled tower measuring not over 1.6 m in height and not over 2.5 m in width Start Printed Page 69015.

(25) 8423.81.0040 – Digital electronic scales, not for personal use, not for continuous weighing, other than constant-weight scales, each measuring no more than 195 mm by 165 mm by 60 mm, having a maximum weight capacity of 5 kg, and having the ability to reset tare (zero point reset) multiple times while adding to the article being weighed.

(26) 8470.10.0040 – Electronic calculators for desktop use, solar-powered with battery backup (other than with engineering, trigonometric, scientific or construction functions), each measuring 11 cm or more but not over 25 cm in length, 7 cm or more but not over 19.5 cm in width, and 1 cm or more but not over 5 cm in height and weighing 0.058 kg or more but not over 0.34 kg.

(27) 8470.10.0040 – Electronic calculators, handheld, solar-powered or battery powered (other than with engineering, trigonometric or scientific functions), each measuring 10 cm or more but not over 16 cm in length, 5 cm or more but not over 9 cm in width, and 0.5 cm or more but not over 2 cm in height and weighing 0.02 kg or more but not over 1 kg.

(28) 8470.10.0040 – Electronic calculators, handheld, solar-powered or battery powered, with scientific, trigonometric or other advanced mathematical functions, each measuring 11 cm or more but not over 18 cm in length, 6.5 cm or more but not over 9 cm in width and 1 cm or more but not over 3 cm in height and weighing 0.04 kg or more but not over 0.25 kg.

(29) 8470.21.0000 – Electronic calculating machines, each incorporating a 2 color ink roller printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 24 cm or more but not over 27 cm in length, 18 cm or more but not over 21 cm in width and 5 cm or more but not over 7 cm in height and weighing 0.5 kg or more but not over 1.5 kg each.

(30) 8470.21.0000 – Electronic calculating machines, each incorporating a parallel ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 31.75 cm or more but not over 34.3 cm in length, 21.5 cm or more but not over 25.4 cm in width and 7.5 cm or more but not over 9 cm in height and weighing 1.6 kg or more but not over 2 kg each.

(31) 8470.21.0000 – Electronic calculating machines, each incorporating a ribbon ink printing device, that operates with an external source of power, with a vacuum fluorescent display (VFD), measuring 32 cm or more but not over 35 cm in length, 22 cm or more but not over 26 cm in width and 8 cm or more but not over 9 cm in height and weighing 1.75 kg or more but not over 2 kg each.

(32) 8470.21.0000 – Electronic calculating machines, each incorporating an ink roller printing device, capable of operating with an external source of power or battery power, with liquid crystal display (LCD), measuring 19 cm or more but not over 26.5 cm in length, 8 cm or more but not over 20 cm in width and 4 cm or more but not over 7 cm in height and weighing 0.3 kg or more but not over 0.7 kg each.

(33) 8504.40.9550 – Other static converters, rectifiers and rectifying apparatus, with ABS plastic damage resistant box, input and output voltage cables, weighing not more than 0.35 kg, measuring not more than 17 cm in length and 12 cm in width.

(34) 8512.20.2040 – Light-emitting diode (LED) headlights, light bars and cube lights, of a kind designed to be mounted on off-road, all-terrain vehicles.

(35) 8708.30.5020 – Brake drums of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an inside diameter of 38 cm or more but not over 42 cm.

(36) 8708.30.5030 – Brake discs of grey cast iron for the motor vehicles of headings 8701 to 8705 (other than tractors for agricultural purposes), with an outside diameter of 32 cm or more but not over 44 cm.

(37) 8708.99.5300 – Wheel hubs of cast iron, for off-road vehicles of headings 8701 to 8705, each weighing 2 kg or more but not exceeding 4 kg.

(38) 9401.61.4011 – Upholstered dining chairs, with a wooden frame, other than of teak.

(39) 9401.79.0015 – Chairs with three legs, with frames of steel held together by elastic cord and textile seating material, for outdoor non-household use.

(40) 9401.79.0015 – Chairs, each with four legs, a frame of aluminum held together by elastic cord and textile seating material, for outdoor non-household use.

(41) 9403.60.8081 – Entry tables of wood other than bent-wood, each measuring 180 cm or more but not over 185 cm in length, 80 cm or more but not over 83 cm in height and over 40 but not over 45 cm in width, with tin top.

(42) 9405.10.6010 – 8-light circular electric household chandeliers, of base metal other than brass.

(43) 9405.20.8010 – Electric household table lamps, with bases of wood, presented with shades, not more than 64 cm in height, each weighing not more than 3 kg.

(44) 9405.50.4000 – Non-electrical wall candelabras, of wood, each with 3 wrought iron candle holders.

BACKGROUND

September 24, 2018 – USTR imposes additional 10 percent duties on goods of China classified in 5,757 full and partial subheadings of the Harmonized Tariff Schedule of the United States (HTSUS), with an approximate annual trade value of $200 billion.

May 2019 – USTR increases the additional duty to 25 percent.

June 24, 2019 – USTR establishes a process by which U.S. stakeholders may request exclusion of particular products classified within an 8-digit HTSUS subheading covered by the $200 billion action from the additional duties. Required submissions for exclusion from the $200 billion action no later than September 30, 2019.

LIST 3 EXCLUSIONS GRANTED TO DATE

Exclusions Granted August 7, 2019                                                      

Exclusions Granted September 20, 2019

Exclusions Granted October 28, 2019 

Exclusions Granted November 7, 2019

Exclusions Granted November 29, 2019

Exclusions Granted December 17, 2019

LIST 1 ($34 BILLION)

For List 1, the USTR issued an exclusion for 9030.90.4600 (parts and accessories of instruments and apparatus for measuring or detecting ionizing radiations, but not circuit assemblies) that will apply from July 6, 2018 through October 1, 2020.

The USTR also issued an amendment correcting fourteen technical and ministerial errors in order to conform to the Trade Representative’s intent to grant certain exclusions requested.

BACKGROUND

July 6, 2018 – USTR imposes an additional 25 percent duties on goods of China classified in 818 8-digit subheadings of the HTSUS, with an approximate annual trade value of $34 billion.

LIST 1 EXCLUSIONS GRANTED TO DATE

Exclusions Granted December 28, 2018

Exclusions Granted March 25, 2019

Exclusions Granted April 18, 2019

Exclusions Granted May 14, 2019

Exclusions Granted June 4, 2019

Exclusions Granted July 9, 2019

Exclusions Granted September 20, 2019

Exclusions Granted October 2, 2019

Exclusion Granted December 17, 2019 and Amendments to Exclusions Granted July 9, 2019 and September 20, 2019

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