On May 30, 2019, the U.S. Trade Representative (USTR) published the fifth and newest list of product exclusions to be exempt from the initial Section 301 trade action that impacted over $34 billion worth of goods from China.
FULL USTR NOTICE OF PRODUCT EXCLUSIONS
Exclusions are available for any product that meets the identified criteria, regardless of whether the importer filed an exclusion request. In this latest round, USTR approved 464 separate exclusion requests: 40 requests covered by a 10-digit subheading and 88 specially prepared product descriptions covering the remaining 424 requests.
Applicants seeking exclusion were required to address the following factors:
- 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.
The exclusions are defined in two ways:
(1) as an exclusion for an existing 10-digit subheading: 8537.10.8000; or
(2) as an exclusion reflected in the 88 specially prepared product descriptions.
SPECIALLY PREPARED PRODUCT DESCRIPTIONS:
Parts of non-aircraft gas turbines, other than rotors, spindles, rotor assemblies, spindle assemblies or steel forgings (described as 8411.99.9085);
Oil well and oil field crank-balanced, long-stroke and beam pumps (described as 8413.50.0010);
Radial piston hydraulic fluid pumps weighing not over 500 grams (described as 8413.50.0070);
Centrifugal pumps, submersible, designed for use in apparatus for supplying water to pets (described as 8413.70.2004);
Centrifugal pumps, submersible, other than for use with machines for making cellulosic pulp, paper or paperboard; the foregoing pumps rated not over 1.5 kW (described as 8413.70.2004);
Submersible dual port pump designed for use in swimming pools (described as 8413.70.2004)
Submersible pump designed for use in aquariums, not over 325 mm tall (described as 8413.70.2004);
Submersible pump incorporating a magnetic drive motor (described as 8413.70.2004);
Submersible pumps, rated not over 1 horsepower, designed for use in pumping raw sewage (described as 8413.70.2004);
Sump pumps, submersible, rated not over 1 horsepower, activated by float switch (described as 8413.70.2004);
Centrifugal pumps, not for use with machines for making cellulosic pulp, paper or paperboard, not submersible, the foregoing single-stage, single-suction, close-coupled and with discharge outlet under 5.1 cm in diameter (described as 8413.70.2005);
Centrifugal pumps designed for eliminating condensate, the foregoing not elsewhere specified or included (described as 8413.70.2090);
Housings for water pumps of subheading 8413.30.90 (described in subheading 8413.91.9010)
Impellers for water pumps of subheading 8413.30.90 (described as 8413.91.9010);
Hydraulic pump positioning piston assemblies (described as 8413.91.9060);
Plastic reservoirs for motor vehicle brake master cylinders (described as 8413.91.9060);
Airend assemblies, inlet guide vanes, air-ends, compressor baseplates and backplates (described as 8414.90.4190);
Stand-alone icemaking machines, each having a rated capacity not exceeding 160 kg per day, capable of producing ice in pieces not larger than 40 cubic cm in any dimension (described as 8418.69.0110);
Assemblies of thermo-electric modules, whether or not presented with attached heat exchangers, fans, shrouds, temperature sensors or controllers (described as 8418.69.0180);
Coolers, non-compressor, powered by 12 V DC, each with an interior volume not exceeding 17 liters (described as 8418.69.0180);
Solar water heaters incorporating glass tube heat collectors and including glass tubes and stands with tanks (described as 8419.19.0040);
Distillation and rectifying equipment designed for use in the production of methylene diphenyl di-isocyanate (described as 8419.40.0080);
Heat exchanger plates, cores, finned tubes, cones, shells, bonnets, flanges and baffles (described as 8419.90.3000);
Cast steel and steel structural forms designed for use in filtering machines, such machines used in mining or manufacturing facilities (described as 8421.99.0080);
Parts of air filtering machines or apparatus, the foregoing of cast steel and steel (described as 8421.99.0080);
Self-propelled fork-lift and platform trucks, each powered by an electric motor and controlled by walking operator (described as 8427.10.8090);
Garage door opener/closers (described as 8428.90.0290);
Hinged steel transfer machinery, designed for diverting goods from and to conveyor lines (described as 8428.90.0290);
Rotating bench, electrically powered, designed for turning a workpiece in a production line (described as 8428.90.0290);
Rotating fork machines, designed for lifting and depositing coiled steel bars in a production line (described as 8428.90.0290);
Vibratory, self-propelled tamping machines, each with drum roller (described as 8429.40.0020);
New, track-mounted hydraulic backhoes or hydraulic shovels, each with a 360-degree revolving superstructure (described as 8429.52.1010);
Pile drivers, diesel powered (described as 8430.10.0000);
Belt conveyor crossmember assemblies (described as 8431.39.0010);
Conveyor roller support brackets (described as 8431.39.0010);
Carriers designed for holding motor vehicles in overhead conveyors (described as 8431.39.0010);
Catenary idler stringers (described as 8431.39.0010);
Conveyor belt assemblies incorporating bearings (described as 8431.39.0010);
Conveyor line pans, the foregoing parts suitable for use solely or principally with coal mine conveyors (described as 8431.39.0010);
Conveyor spill plates (described as 8431.39.0010);
Welded frames designed to support conveyor rollers (described as 8431.39.0010);
Feed pushers, bale forks, scrapers and frames therefor (described as 8431.49.9010);
Complete sheet pile rolling mills (described as 8455.22.0000);
Rolling mills designed to form 4 to 5 ribbed metal panels not exceeding 95 cm wide (described as 8455.22.0000);
Double row ball bearings having an inner diameter exceeding 15 mm but not exceeding 32 mm, an outer diameter exceeding 38 mm but not exceeding 64 mm and a width exceeding 15 mm but not exceeding 29 mm (described as 8482.10.5060);
Needle roller bearings of a width not exceeding 30 mm (described as 8482.40.0000);
Outer bearing rings (described as 8482.99.0500);
Bearing shields (described as 8482.99.6595);
Coupling covers, including center members, flanged hubs, sleeves and shoes (described as 8483.90.8010);
AC multi-phase motors, each of an output exceeding 300 kW but not exceeding 310 kW, fitted with pulleys and brakes to raise and lower passenger elevators (described as 8501.53.8040);
Regenerative speed drive controllers for controlling speed of electric motors for elevators (described as 8504.40.4000);
Speed drive controllers for electric motors, each such controller measuring 100 mm or more but not over 130 mm in length, 40 mm or more but not over 125 mm in width and 24 mm or more but not over 85 mm in height (described as 8404.40.4000);
Speed drive controllers for electric motors, the foregoing operating at 250 A or more but not over 500 A (described as 8504.40.0000);
Variable frequency drive controllers for electric motors, each weighing more than 1 kg but not more than 11 kg (described as 8504.40.4000);
Printed circuit assemblies of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus, each measuring 4 cm to 6 cm in width and 10 cm to 12 cm in length, that converts 36 V DC to 90 V AC (described as 8504.90.6500);
Printed circuit assemblies of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus, each measuring 7 cm to 9 cm in width and 18cm to 20 cm in length, having 2 switches, for power protection to prevent electrical back feeding (described as 8504.90.6500);
Printed circuit assemblies of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus, the foregoing serving as controllers for power supplies, each measuring 5 cm to 7 cm in width and 11 cm to 14 cm in length, having 50 pin on side header (described as 8504.90.6500);
Printed circuit assemblies of the goods of subheading 8504.40 or 8504.50 for telecommunication apparatus, the foregoing serving as noise filters, each measuring 18 cm to 20 cm in width and 25 cm to 27 cm in length, populated with semiconductor devices and 4 heat sinks (described as 8504.90.6500);
Radio transceivers operating on frequencies from 46 MHz to 468 MHz, each designed for installation in motor vehicles (described as 8525.60.1050);
Antennas, of base metal and fiberglass (described as 8529.10.4040);
Projector parts (described as 8529.90.9900);
Electromechanical relays, for a voltage not exceeding 24 V, other than automotive flashers, with contacts rated at 10 A or more, measuring not over 80 mm in any dimension (described as 8536.41.0050);
Push-button switches, rated at over 5 A, measuring no more than 14.4 cm by 11.6 cm by 6.4 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 14.6 cm by 8 cm by 14.1 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 19.1 cm by 8.3 cm by 14.1 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 19.7 cm by 11.8 cm by 8.3 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 19.7 cm by 9.8 cm by 16.5 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 21 cm by 13.3 cm by 9 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 23.5 cm by 8 cm by 13.1 cm (described as 8536.50.9035);
Push-button switches, rated at over 5 A, measuring no more than 6 cm by 14.1 cm by 11 cm (described as 8536.50.9035);
Push-pull switches, for a voltage not exceeding 1,000 V, designed for use in motor vehicles (described as 8536.50.9065);
Bullet connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Butt connectors, other than closed end, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Closed-end butt connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Crimp connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Insulated tab electrical connectors and tab receptacle electrical connectors, for a voltage not exceeding 1,000 V, crimp-type, with either a tab measuring not over 6.4 mm in width or a receptacle for tabs measuring not over 6.4 mm in width (described as 8536.90.4000);
Junction blocks, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Lug connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Ring connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Spade connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Spring clip (“alligator clip”) terminals, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Terminal blocks, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Wire tap connectors, for a voltage not exceeding 1,000 V (described as 8536.90.4000);
Magnesium anodes, each not exceeding 48 kg in weight (described as 8543.30.9040);
Disposable self-adhesive brain monitoring sensor patches for use with an oximeter, each incorporating a circuit board, light-emitting diode (LED), photo diodes and memory device and a connector (described as 9018.19.9560);
Disposable stainless steel subdermal needle electrodes with accompanying harness for use with electromyography (EMG) equipment (described as 9018.19.9560);
Disposable surface electrodes for intra-operative neuro-monitoring (“IONM”)systems, each composed of a surface electrode pad, an insulated wire, and a standard DIN 42802 connector (described as 9018.19.9560)l
Machines for testing the hardness of metals (described as 9024.10.0000).
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