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The Office of the U.S. Trade Representative (USTR) has issued a <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%24200_Billion_Exclusions_Granted_May.pdf" target="_blank" rel="noopener noreferrer">Federal Register </a><a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%24200_Billion_Exclusions_Granted_May.pdf">notice</a> exempting Section 301 tariffs for certain List 3 (imports from China with an annual trade value of $200 billion) products. The exemptions cover two 10-digit Harmonized Tariff System (HTS) subheading and 144 specially-prepared product descriptions, which cover 185 separately submitted exclusion requests.
The excluded HTS subheading are: (1) 4819.50.4060 (Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other packing containers, including record sleeves: Other); and (2) 6902.20.5020 (Refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other than those of siliceous fossil meals or similar siliceous earths: &nbsp;Containing by weight more than 50 percent of alumina (Al2O3 ), of silica (SiO2 ) or of a mixture or compound of these products: Other).
The exclusions with specially-prepared product descriptions include but are not limited to: Certain dried fruits and vegetables in powder form; various chemical compounds (CAS Nos. are provided); certain disposable clothes of non-woven textiles with organic surface-active preparations for washing skin; natural and artificial powdered graphite; certain plate-type supported catalysts; certain vinyl floor coverings; certain expandable rubber garden hoses; certain non-radial pneumatic tires for ATVs and UTVs; certain cases and backpacks made of man-made fibers; certain bamboo plywood sheets and laminated flooring; certain printable glitter paper; certain graphite sinks and pedestals; flat and convex rear-view mirrors for vehicles; certain microscope slides and laboratory glassware; certain kitchen or household steel parts to trash can lids; certain rail air brake parts; certain kitchen and table utility implements and handtools; certain carburetors and crankcases of aluminum or steel; certain vacuum pumps; certain hydraulic jacks; certain machine tool castings; certain regulating valves; certain power supply components; certain nickel-metal hydride batteries; certain detectors for indoor security applications; certain cable and wire harnesses; certain bumpers for motor vehicles, ATVs and UTVs; certain carbon steel products meeting Society of Automotive Engineers (SAE) standards; certain parts for bicycles; certain parts for HVAC thermometers; certain upholstered chairs; certain outdoor aluminum seats and tables; certain light-emitting diode (LED) desk and floor lamps; and certain modular, prefabricated buildings.
These exclusions will apply from September 24, 2018, through August 7, 2020. Each exclusion is governed by the scope of the 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. The USTR will continue to issue determinations on pending requests on a periodic basis.
An exclusion can apply to any product that fits within the description in the annex of the Federal Register notice, regardless of which company submitted the original request. Please contact us to discuss whether we can assist in determining if your product might fit within one of these exclusions.

core/freeform

SmarTrade

Senior Legislative and Regulatory Policy Advisor

Scott E. Diamond

USTR Issues Additional China Section 301 Tariff Exclusions for List/Tranche 3 Products