Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

Los Angeles

Minneapolis

New York

Silicon Valley

Washington, D.C.

In a series of notices, the Office of the U.S. Trade Representative (USTR) granted exclusions from Section 301 tariffs for certain imported Chinese products on List 1 (valued at $34 billion), List 2 (valued at $16 billion and List 3 (valued at $200 billion). Products on these lists currently face a 25 percent Section 301 tariff, which is scheduled to increase to 30 percent on October 15, 2019.
<h5>List 1 &ndash; Tariffs on Products Valued at $34 Billion </h5>
On <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Granted_September.pdf" target="_blank" rel="noopener">September 20, 2019</a>, USTR announced exclusions for 310 specially prepared product descriptions covering 724 separate exclusion requests. Most fall within Chapter 84 (Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof) and Chapter 85 (Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles) of the Harmonized Tariff Schedule (HTS). Additional product exclusions were granted for products under Chapter 87 (Vehicles other than railway or tramway rolling stock, and parts and accessories thereof), Chapter 88 (Aircraft, spacecraft and parts thereof) and Chapter 90 (Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof). The list of products covers certain heat exchangers, certain centrifugal pumps, pet water drinking fountains, certain compressors, certain chilling units and freezers, certain filtration devices, certain swimming pool filter cartridges, certain electric operator-riding pallet trucks and forklift trucks, certain milling machines, certain woodworking equipment, certain types of valves and bearings, numerous types of AC/DC motors, certain GPS apparatus, numerous types of switches and circuit connectors, certain transistors and certain thermostats.
On <a href="https://www.govinfo.gov/content/pkg/FR-2019-10-02/pdf/2019-21420.pdf" target="_blank" rel="noopener">September 27, 2019</a>, USTR announced exclusions for 92 specially prepared product descriptions covering 129 separate exclusion requests. Most fall within Chapter 84 (Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof) and Chapter 85 (Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles) of the HTS. Several product exclusions were granted for products under Chapter 88 (Aircraft, spacecraft and parts thereof) and Chapter 90 (Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof). The list of products covers many electrical switches, capacitors, AC/DC motors, bearings, certain industrial equipment, certain process modules, valves and digital optic fiber cables.
For these List 1 products, the exclusions will be retroactive to July 6, 2018, and extend until October 2, 2020, which is one year from the date of USTR&rsquo;s Federal Register notice.
<h5>List 2 &ndash; Tariffs on Products Valued at $16 Billion</h5>
On <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%2416_Billion_Exclusions_Granted_September.pdf" target="_blank" rel="noopener">September 20, 2019</a>, USTR announced exclusions for 89 specially prepared product descriptions covering 400 separate exclusion requests. Most fall within Chapter 39 (Plastics and articles thereof), Chapter 73 (Articles of iron or steel), Chapter 84 (Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof) and Chapter 85 (Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles) of the HTS. Several product exclusions were granted for products falling under Chapter 76 (Aluminum and articles thereof), Chapter 86 (Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds), Chapter 87 (Vehicles other than railway or tramway rolling stock, and parts and accessories thereof) and one product under Chapter 90 (Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof). The list of products covers certain acid-acrylic chemicals, certain polyvinyl chloride hoses, certain acrylonitrile-butadiene-styrene (ABS) tubes, certain polyacetal brackets, filters and hose fittings, certain types of film rolls, certain sheets of polyvinyl chloride or polyethylene, certain steel pipes and tubes, chain link fence panels, gazebos, pergolas and trellises made of iron or steel, certain spark-ignition engines, certain industrial cutting equipment, certain DC motors, electric skateboards and motorcycles, and certain thermometers.
On <a href="https://www.govinfo.gov/content/pkg/FR-2019-10-02/pdf/2019-21419.pdf" target="_blank" rel="noopener">September 27, 2019</a>, USTR announced exclusions for 111 specially prepared product descriptions covering 382 separate exclusion requests. Most fall within Chapter 85 (Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles), Chapter 86 (Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signaling equipment of all kinds) and Chapter 90 (Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof) of the HTS. Several product exclusions were granted for products under Chapter 39 (Plastics and articles thereof), Chapter 70 (Glass and glassware), Chapter 73 (Articles of iron or steel) and Chapter 84 (Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof). The list of products covers numerous DC electric motors, certain solar panel kits, certain pressure and sensor switches, buffering/cushioning members and parts for vehicles, certain thermometers, different types of multimeters and pet urine collection and disposal kits.
For these List 2 products, the exclusions will be retroactive to August 23, 2018, and extend until October 2, 2020, which is one year from the date of USTR&rsquo;s Federal Register notice.
<h5>List 3 &ndash; Tariffs on Products Valued at $200 Billion</h5>
On <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%24200_Billion_Exclusions_Granted_September.pdf" target="_blank" rel="noopener">September 20, 2019</a>, USTR announced exclusions for 38 specially prepared product descriptions covering 46 separate exclusion requests. Most fall within 17 different chapters of the HTS. The list of products covers plastic pods for brewing coffee, dog harnesses and retractable leashes, certain cooking grills, certain wood flooring, certain woven or polyester fabrics, certain piston engines, parts for automatic data processing (ADP) machines, certain single-speed bicycles, certain decorative lighting sets and lamp shades.
For these List 3 products, the exclusions will apply retroactively to September 24, 2018, and extend until August 7, 2020.
Overall, these exclusions apply to any product that satisfies the description in the annexes of the Federal Register notices, regardless of whether the company using the exclusion filed the request. Each exclusion is governed by the scope of the 10-digit HTS heading and the product description appearing in the annex of the exclusion notice; it is not governed by the product description set out in any particular exclusion request. U.S. Customs and Border Protection will soon issue instructions on entry guidance and implementation. USTR will continue to issue determinations on pending requests on a periodic basis.

core/freeform

SmarTrade

USTR Announces Additional Product Exclusions from Section 301 Tariffs on Certain U.S. Imports of Chinese Products