USTR Publishes First Round of Exclusions for $16 Billion Section 301 List of Chinese Imports

2019-07-30T18:31:24+00:00July 30th, 2019|Freight Market, Import, Industry Spotlight, Shipping News|

Scheduled for official publication in the Federal Register on July 31, 2019, the Office of the U.S. Trade Representative (USTR) published the first round of product exclusions to be exempt from the second tranche of $16 billion Section 301 imports from China implemented almost a year ago on Aug. 23, 2018.

The exclusions reflected in this first round are retroactive, back to their August implementation, and encompass 69 specially prepared product descriptions, which cover 292 separate exclusion requests.

USTR has created a new 9903.88.12 Harmonized Tariff Schedule subheading for Customs processing approved exclusions.

FULL USTR NOTICE OF PRODUCT EXCLUSIONS

Since September 2018, shippers have been submitting product exclusion requests which were required to identify the product’s:

  • physical characteristics that distinguish the it from other products within the relevant 8-digit subheading;
  • most applicable 10-digit subheading of the HTSUS;
  • ability of CBP to administer the requested exclusion; and
  • the quantity and value of the Chinese-origin product that the requestor purchased in the last three years.

In addition, applicants were required to address the following factors in order to explain their exclusion rationale:

  • Whether the particular product is available only 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; and
  • Whether the particular product is strategically important or related to “Made in China 2025” or other Chinese industrial programs.

SPECIALLY PREPARED PRODUCT DESCRIPTIONS:

  • Chlorinated polyethylene elastomer, in white or pale yellow powder form, containing 28 to 44 percent by weight of chlorine (described in statistical reporting number 3901.90.1000);

  • Polytetrafluoroethylene ((C2F4)n), having a particle size of 5 to 500 microns and a melting point of 315 to 329 degrees Celsius (described in statistical reporting number 3904.61.0090);

  • Expandable plastics beads, 0.30 to 0.50 mm in diameter, consisting of copolymers of methylmethacrylate (62 to 64 percent by weight) and styrene (26 to 28 percent by weight) (described in statistical reporting number 3906.90.2000);

  • Polyol blends containing 92 percent or more by weight of polyether polyol (CAS number 9049- 71-2) and 2.5% or more by weight of N,Ndimethylcyclohexamine (described in statistical reporting number 3907.20.0000);

  • Hot melt flat shapes of biaxiallyoriented polypropylene (BOPP) film with an acrylic emulsion (described in statistical reporting number 3919.90.5060);

  • Polyethylene film, 20.32 to 198.12 cm in width, and 30.5 to 2000.5 m in length, coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not printed, in rolls (described in statistical reporting number 3919.90.5060);

  • Polyvinyl chloride film, coated on one side with pressure sensitive solventacrylic adhesive that allows for easy removal from a flat glass or flat, rigid, clear plastics surface, 106.7 cm, 137.2 cm or 152.4 cm in width, and 30.38 m or 49.99 m in length, with regular perforations measuring 1.5 to 1.6 mm in diameter, where the perforations cover 30, 40 or 50 percent of the surface area (described in statistical reporting number 3919.90.5060);

  • Printed rectangular polyethylene sheets depicting images on one side, with self-adhesive edges protected with peel-off liners on the other side, measuring 30.5 cm by 45.7 cm or 30.5 cm by 25.4 cm (described in statistical reporting number 3919.90.5060);

  • Self-adhesive colored or printed polyvinyl chloride film with a peelable liner, in rolls, measuring 30.5 cm or 50.8 cm in width and 3.05 m to 6.10 m in length, of a kind used for lining shelves or drawers (described in statistical reporting number 3919.90.5060);

  • Printed, non-permeable plastic film of ethylene designed for use in packaging personal care products such as baby wipes, adult wipes and similar wet stack products (provided for in statistical reporting number 3920.10.0000);

  • Polyethylene film of a kind used for wrapping perishable foods, in rolls measuring 30.5 cm in width and up to 76.2 m in length, with a starter edge tab, put up in retail packages incorporating a built-in slide cutter and grip strip for holding the film in place until subsequent use (described in statistical reporting number 3920.10.0000);

  • Rectangular sheets of high-density or low-density polyethylene, 111.75 cm to 215.9 cm in width, and 152.4 cm to 304.8 cm in length, with a sticker attached to mark the center of each sheet, of a kind used in hospital or surgery center operating rooms (described in statistical reporting number 3920.10.0000);

  • Spark-ignition rotary or reciprocating internal combustion piston engines to be installed in agricultural or horticultural machinery or equipment, 4,476 W or more but not more than 37.6 kW, each valued not over $180 (described in statistical reporting number 8407.90.1020);

  • Gasoline or liquid propane (LP) engines each having a displacement of more than 2 liters but not more than 2.5 liters (described in statistical reporting number 8407.90.9010);

  • Spark-ignition internal combustion piston engines, not elsewhere specified or included, 746 W or greater but not exceeding 4,476 W, with an engine displacement of not more than 430 cc (described in statistical reporting number 8407.90.9040);

  • Heat guns (described in statistical reporting number 8419.89.9585);

  • Heated tissue preparation microscope slide flattening tables (described in statistical reporting number 8419.89.9585);

  • Tissue sample paraffin floatation baths (described in statistical reporting number 8419.89.9585);

  • Air amplifiers powered solely by an external source of compressed air, which is routed through the apparatus in such a manner as to draw in ambient air, increase its speed and direct the air through an output port, each such apparatus not exceeding 1 kg in weight (described in statistical reporting number 8424.89.9000);

  • Apparatus capable of generating and projecting liquid particles of a size that simulates haze, fog or snow (depending on the composition of the liquid or powdered source), whether or not incorporating laser or other lighting apparatus (described in statistical reporting number 8424.89.9000);

  • Apparatus capable of mechanically generating and projecting bubbles from a liquid source, each apparatus weighing more than 2.5 kg but not more than 6.5 kg (described in statistical reporting number 8424.89.9000);

  • Aroma-spraying sets, each of which includes a battery-powered aerosol apparatus and a glass bottle containing not more than 25 ml of essential oil solution, each set weighing not more than 300 g (described in statistical reporting number 8424.89.9000);

  • Collars of a size suitable for dogs or cats, fitted with a means to provide a stimulus to the animal, by means of a sprayer, whether or not combined with a static electric discharge device or sound emitter; and such collars capable of being controlled by an external transmission device, whether or not the controller is presented with the collar as a set (described in statistical reporting number 8424.89.9000);

  • 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);

  • Oral irrigators (dental water-jet machines) (described in statistical reporting number 8424.89.9000);

  • Parts washers, each consisting of a steel basin having a capacity no greater than 100 liters, steel drain plug, support legs and a shelf, a recirculating centrifugal pump assembly, a power cord incorporating an electrical fusible link, a gooseneck spigot assembly, with a steel lid held by a “piano-type” hinge and by a lid support bracket incorporating a mechanical fusible link (described in statistical reporting number 8424.89.9000);

  • Rotary surface washers, consisting of a tube, at one end of which is a fitting suitable for connec­tion to an external power washer and a handle for controlling the position of the apparatus, and at the other end of which is an assembly of one or more rotating brushes that receive the output of the external power washer (described in statistical reporting number 8424.89.9000);

  • Wet- and dry-diffusion apparatus fitted for incorporation into scent-releasing machines (described in statistical reporting number 8424.89.9000);

  • Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060);

  • Fertilizer distributors with a capacity not exceeding 40 kg (described in statistical reporting number 8432.42.0000);

  • Benchtop drill presses, each with a power rating of less than 750 watts and valued under $1,000 each (described in statistical reporting number 8465.95.0055);

  • Bearing housings each valued over $2000 (described in statistical reporting number 8483.30.8020);

  • AC motors, of 18.65W or more but not exceeding 37.5 W, each with attached actuators, crank­shafts or gears (described in statistical reporting number 8501.10.6020);

  • C-frame 2-pole AC electric motors, of 18.65W or more but not exceeding 37.5 W, each valued not over $4 (described in statistical reporting number 8501.10.6020);

  • Electric motors, of 18.65W or more but not exceeding 37.5 W, each valued over $28 but not over $35 (described in statistical reporting number 8501.10.6080);

  • Amorphous silicon solar chargers with a power output of 100 W or less (described in statistical reporting number 8501.31.8010);

  • Electric motors, each with an output rating not exceeding 800 W (described in statistical report­ing number 8501.52.4000);

  • Armature shafts for electric motors of heading 8501 (described in statistical reporting number 8503.00.9520);

  • Windshield wiper motor covers and shafts (described in statistical reporting number 8503.00.9520);

  • Leakage current detection and interruption (LCDI) cords (described in statistical reporting number 8536.30.8000);

  • Control boards for stoves, ranges and ovens of heading 8516 (described in statistical reporting number 8537.10.3000);

  • Zener diodes, each valued not over $0.25 (described in statistical reporting number 8541.10.0050);

  • Position or speed sensors for motor vehicle transmission systems, each valued not over $12 (described in statistical reporting number 8543.70.4500);

  • Wheel speed sensors for anti-lock motor vehicle braking systems, each valued not over $12 (described in statistical reporting number 8543.70.4500);

  • Antenna amplifiers, each valued not over $15 (described in statistical reporting number 8543.70.9960);

  • Antenna noise suppressors, each valued not over $5 (described i n statistical reporting number 8543.70.9960);

  • Apparatus using passive infrared detection sensors designed for turning lights on and off (described in statistical reporting number 8543.70.9960);

  • Audio controllers, each valued not over $100 (described in statistical reporting number 8543.70.9960);

  • Audio mixers, each valued not over $75 (described in statistical reporting number 8543.70.9960);

  • Devices incorporating sensors and monitors for identifying encoded television and radio signal information of survey participants (described in statistical reporting number 8543.70.9960);

  • Electrically powered cat noise control devices (described in statistical reporting number 8543.70.9960);

  • Electrically powered combs of a kind used on pets (described in statistical reporting number 8543.70.9960);

  • Electrically powered dog training, controlling, repelling or locating apparatus whether or not put up in kits, including dog collars fitted with GPS or other transmitting or receiving devices and electrical barrier transmitter devices (described in statistical reporting number 8543.70.9960);

  • Electrically powered insect control apparatus (described in statistical reporting number 8543.70.9960);

  • Electrically powered static-emitting plastic strips designed for use in training or controlling pets (described in statistical reporting number 8543.70.9960);

  • LED lamps for flash curing nail polish (described in statistical reporting number 8543.70.9960);

  • Liquid leak detectors (described in statistical reporting number 8543.70.9960);

  • Multiple device remote controls, other than radio remote control, each valued not over $2 (described in statistical reporting number 8543.70.9960);

  • Robots, programmable, measuring not more than 40 cm high by 22 cm wide by 27 cm deep, incorporating an LCD display, camera and microphone but without “hands” (described in statistical reporting number 8543.70.9960);

  • Couplers, knuckles and yokes and parts thereof for vehicles of heading 8605 or 8606 (described in statistical reporting number 8607.30.1000);

  • 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);

  • Polarizing film, of triacetate, with a pressure sensitive adhesive backing (described in statistical reporting number 9001.20.0000);

  • Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040);

  • Cooking thermometers, including candy and deep-fry thermometers (described in statistical reporting number 9025.19.8080);

  • Infrared thermometers (described in statistical reporting number 9025.19.8080);

  • Combined thermometer and hygrometer devices (described in statistical reporting number 9025.80.1000);

  • Pulse output gas meters of a kind that can be read remotely (described in statistical reporting number 9028.10.0000);

  • Pulse output water meters, of cast stainless steel (described in statistical reporting number 9028.20.0000);

  • Fingertip pulse oximeters (described in statistical reporting number 9029.20.4080).

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