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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 U.S. Trade Representative (USTR) has issued another <a href="https://ustr.gov/sites/default/files/enforcement/301Investigations/%24300_Billion_Exclusions_Granted_March_25_2020.pdf">Federal Register notice</a> exempting Section 301 tariffs for certain List 4A (imports from China with an annual trade value of $300 billion) products. The exemptions cover five entire 10-digit Harmonized Tariff System (HTS) subheadings and seven specially-prepared product descriptions &ndash; covering a total of 36 separate exclusion requests.
The five excluded HTS subheadings include non-medical items:
<ul>
<li>0505.10.0050 &ndash; Skins and other parts of birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers: Feathers of a kind used for stuffing; down: Feathers.</li>
<li>3926.90.9925 &ndash; Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Reflective triangular warning signs for road use.</li>
<li>6506.10.3045 &ndash; Other headgear, whether or not lined or trimmed: Safety headgear: Of reinforced or laminated plastic: Other: Athletic; recreational and sporting headgear.</li>
<li>8512.10.2000 &ndash; Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Lighting or visual signaling equipment of a kind used on bicycles: Lighting equipment.</li>
<li>8528.72.6420 &ndash; Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: Other, color: Incomplete or unfinished (including assemblies for television receivers consisting of all the parts specified in additional U.S. note 9 to this chapter plus a power supply), presented without a display device: Other: With a video display diagonal: Not exceeding 75 cm.</li>
</ul>
The seven specially-prepared product description exemptions all cover medical supplies: certain plastic coverings designed to fit over wounds and forming a protective seal; plastic pouches used with manually operated pill or tablet crushers; plastic refillable dispensers to store and contain bags in a medical setting; sterile urology drain bags; ice bags for treating injuries or soreness; certain identification wristband; and certain apparatus suitable for wearing on wrists having time-display functions and capable of transmitting data.
These exclusions will apply from September 1, 2019, through September 1, 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.

core/freeform

SmarTrade

Senior Legislative and Regulatory Policy Advisor

Scott E. Diamond

USTR Issues Additional China Section 301 Tariff Exclusions, Including Exemptions for Certain Medical Supplies