More China Tariff Exclusions Announced; Retroactive Refunds Available

Wednesday, October 02, 2019

Sandler, Travis & Rosenberg Trade Report

Additional exclusions from the Section 301 additional 25 percent tariff on List 1 and 2 goods from China have been announced by the Office of the U.S. Trade Representative. These exclusions cover a total of 203 specially prepared product descriptions that reflect 511 exclusion requests (see attached for complete lists of excluded items). USTR has also removed several exclusions erroneously included in a Sept. 20 notice.

Exclusions Granted

The new exclusions will be effective as follows.

– exclusions for List 1 goods (covering 92 products) will be retroactive to July 6, 2018, and remain in place through Oct. 2, 2020, and must be claimed using new HTSUS subheading 9903.88.19

– exclusions for List 2 goods (covering 111 products) will be retroactive to Aug. 23, 2018, and remain in place through Oct. 2, 2020, and must be claimed using new HTSUS subheading 9903.88.20

Importers should review the attached lists of affected goods and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective date. These exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request. The scope of each exclusion is governed by the scope of the product descriptions set forth in the attached notice and not by the product descriptions in any particular request.

Exclusions Removed

USTR is also removing from the HTSUS notes indicating that the following products had been excluded from the Section 301 tariffs.

– aluminum structural angles for sliding or rolling driveway gates (HTSUS 7610.90.0080)

– machine tool stands having leveling, stabilizing, attachment, or other special features (HTSUS 8466.30.8000)

– granulating machines not specifically designated for use with specific particulate materials (HTSUS 8479.89.9499)

– vertical or single shaft shredding machines used in recycling (HTSUS 8479.89.9499)

– CB radio antennas (HTSUS 8529.10.9100)

– electric three-wheeled carriages for disabled persons (HTSUS 8713.90.0030)

For more information on Section 301 tariffs, including exclusions and how to apply for duty refunds, please contact trade consultant Nicole Bivens Collinson at (202) 730-4956 or trade attorney Kristen Smith at (202) 730-4965.

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© 2019, Sandler, Travis & Rosenberg, P.A. Originally published in the 10/2/19 issue of the Sandler, Travis & Rosenberg Trade Report. Reprinted by permission.

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