The Office of the United States Trade Representative recently published a Federal Register notice announcing that out of the nearly 1,000 Section 301 exclusions previously granted for certain Chinese imports covered by the administration’s $200 billion trade action (List 3), ongoing extensions will only be made for roughly a quarter of these goods.
According to the USTR, this decision as made owing to “the cumulative effect of current and possible future exclusions or extensions of exclusions on the effectiveness of the action taken in this investigation.”
The 266 items in question will continue to be excluded from the punitive Section 301 tariff until December 31, 2020. With regards to all other products that had previously been granted exemptions, these expired as of August 7 and are therefore now once again subject to the additional duty rate of 10%.
Goods Continuing to be Excluded
Product exclusions continuing to be granted temporary duty relief by the USTR until the end of the year include the following 21 full Harmonized Tariff Schedule subheadings:
- 0304.72.5000 – Haddock Fillets, Frozen, Others
- 0304.83.1015 – Sole Fillets, Skinned, Frozen Blocks Weighing Over 4.5 Kg/ea.
- 0304.83.1020 – Flounder Fillets, Skinned, Frozen Blocks Weighing Over 4.5 Kg/ea.
- 0304.83.5015 – Sole Fillets, Frozen, Others
- 0304.83.5020 – Flounder Fillets, Frozen, Others
- 0304.83.5090 – Flatfish Fillets, Frozen, Others
- 3923.21.0095 – Sacks And Bags (including Cones) Of Polymers Of Ethylene, Others
- 3926.20.9050 – Articles Of Apparel & Clothing Accessories, of Plastic, Others
- 4015.19.1010 – Seamless, Disposable Gloves, Of Vulcanized Rubber Other Than Hard Rubber
- 4819.50.4060 – Packing Containers, Others, Of Paper, Paperboard, Cellulose Wadding Or Webs of Cellulose Fibers
- 5603.12.0090 – Other Non-woven Fabrics, of Man-made Filaments, Other Than Floor Covering Underlays & Laminated Fabrics, Not Impregnated/Coated/Covered
- 5603.14.9090 – Other Non-woven Fabrics, of Man-made Filaments, o/t Floor Covering Underlays & Laminated Fabrics, Not Impregnated/Coated/Covered
- 5603.92.0090 – Other Non-Woven Fabrics, Not Man-made, o/t Floor Covering Underlays & Laminated Fabrics, Not Impregnated/Coated/Covered
- 5603.93.0090 – Other Non-woven Fabrics, Not Man-made, o/t Floor Covering Underlays & Laminated Fabrics, Not Impregnated/Coated/Covered
- 6505.00.8015 – Nonwoven Disposable Headgear Without Peaks or Visors Of Manmade Fibers
- 8424.90.9080 – Parts Of Mechanical Appliances for Projecting, Dispersing, Spraying Liquid/powder; Spray Guns and Similar Appliances, Others
- 8425.31.0100 – Winches And Capstans Powered by Electric Motors
- 8708.50.8500 – Parts Of Motor Vehicles, Others, of Headings 8703: Half-shaft and Drive Shafts
- 8712.00.1510 – Bicycles Having Both Wheels Not Exceeding 50 Cm In Diameter
- 8712.00.1520 – Bicycles Having Both Wheels Exceeding 50 Cm but Not Exceeding 55 Cm In Diameter
- 8712.00.1550 – Bicycles Having Both Wheels Exceeding 55 Cm but Not Exceeding 63.5 Cm In Diameter
The remaining 245 product exclusion extensions are specially-prepared product descriptions as enumerated in the Federal Register notice covering a wide range of products including certain types of the following: frozen fruits and meats; chemicals and catalysts; plastics, rubbers and polymers; backpacks and duffel bags; household trays, bowls and plates; silk, and woven and non-woven fabrics; screen protectors, mirrors and other tempered glass products; outdoor grill products; various parts suitable for engines; hand pumps; fans, blowers and air compressors; printed circuit assemblies and circuit boards; electric motors and gears; static converters, inductors and other power supplies; electric fireplaces; digital video cameras and security systems; extension cords and electrical insulators and conductors; hitch receivers; numerous types and sizes of bicycles; lenses and microscopes; parts and accessories for meteorological instruments; upholstered chairs and seats as well as foldable stools; other chair frames and household furniture; shelving units and storage racks; baby furniture and bed rails; and fabric lamp shades.
Note: The continuing product exclusions, which must be claimed using the new HTSUS code 9903.88.55, are available for any product satisfying the description in the annex, regardless of whether the importer filed an exclusion request. Furthermore, each exclusion is governed by the scope of the 10-digit HTS subheading and product description in the annex and not by the product description set out in any particular request for exclusion.
Will More Extensions be Granted in the Future?
The USTR has indicated that it may consider further extensions of exclusions and advises that more than 200 requests are currently pending.
In determining the possible further extension of the exclusions covered in the Federal Register notice of August 11, 2020, the USTR states that in addition to taking account of the cumulative effect of exclusions on the administration’s action against China, it will also consider guidance from advisory committees and relevant input from the public.
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