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First Batch of Section 301 Product Exclusions Announced

The Office of the U.S. Trade Representative has announced the first batch of products that will be excluded from the additional 25 percent duty imposed under Section 301 on some US$34 billion worth of imports from mainland China. These product exclusions will be retroactive to 6 July 2018 and remain in place for one year after the date of publication in the Federal Register of the exclusion determination (i.e., through 27 December 2019). USTR notes that it will continue to issue decisions on pending requests on a periodic basis.

The following products are covered by the first batch of product exclusions:

  • seven existing 10-digit HTSUS subheadings: 8412.21.0075, 8418.69.0120, 8480.71.8045, 8482.10.5044, 8482.10.5048, 8482.10.5052 and 8525.60.1010; and
  • 24 specially prepared product descriptions, covering such items as certain spark-ignition engines for marine propulsion, stainless steel stretchers, roller machines with dies for embossing paper, plastic salad spinners, water filtration apparatus, winches, elevators, belt conveyors, work stands, radiation therapy systems, thermostats, stainless steel guards, stainless steel scrapers and stainless steel suction boxes.

These product exclusions cover about 984 separate exclusion requests: the excluded 10-digit subheadings cover 918 separate requests and the 24 specially drafted product descriptions cover approximately 66 separate requests. This means that of the 10,798 product exclusion requests that were filed for List 1 products, approximately 984 have been granted, 1,258 have been denied and the rest are still being considered.

Section 301 product exclusions must be claimed using new HTSUS subheading 9903.88.05. The exclusions are available for any product that meets the specific product description, regardless of whether the importer filed an exclusion request. USTR notes that the scope of each exclusion is governed by the scope of the 10-digit headings and the specific product descriptions and not by the product descriptions set out in any particular request for exclusion.

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