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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.

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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_April_2020.pdf" target="_blank" rel="noopener noreferrer">Federal Register 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 one 10-digit Harmonized Tariff System (HTS) subheading and 107 specially-prepared product descriptions, which combined cover 157 separately submitted exclusion requests.
The excluded HTS subheading is 8424.90.9080, which covers &ldquo;Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; &nbsp;spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines; parts thereof: Parts: Other.&rdquo; The exclusions with specially-prepared product descriptions include but are not limited to: seeds of mung beans; certified organic preparations of chopped garlic; various chemical compounds (CAS Nos. are provided); certain wall panels of cellulose PVC ; parking stops of recycled rubber; certain messenger bags, backpacks, duffel bags, garment bags, and toiletry bags; certain padfolios of faux leather or polyester; chinstraps and pads for football helmets; certain fiber optic and glass faceplates; certain railroad pipe fittings; tire chains of iron or nonalloy steel; bismuth metal; certain parts suitable for use solely or principally with spark-ignition internal combustion piston engines; electrical/battery operated axial leaf blowers; certain retail computing and portable shipping scales; certain electric gear motors; certain power supplies for automatic data processing machines; certain robotic residential use vacuum cleaners; certain fan-forced portable heaters; certain closed-loop, digital, video security systems; certain electric power control boards and bases; certain electrical wiring harnesses and insulators; certain heart coils for use with motor vehicles; certain hitch riser plates; certain hitches for use with motor vehicles; certain bicycles and bicycle wheel rims; certain utility levels; various parts and accessories of meteorological instruments; certain kitchen timers; certain toddler beds, bassinets and cradles; certain stainless steel tables, carts and work benches; certain candle-shaped lamps; and, certain tripods of galvanized steel.
These exclusions will apply from September 24, 2018, through August 7, 2020. These exclusions apply to any product that satisfies the description in the annex of the Federal Register notice, regardless of whether the company using the exclusion filed the request. 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, regardless of which company submitted the original request.&nbsp; 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