Section 301 China – List 3 & List 4A Exclusions Granted in May Reminders of Deadline for Exclusions Expiring June and August 2020 May 11, 2020
List 3 Exclusions Granted May 6, 2020
On May 8, 2020 the USTR published in the Federal Register (85 FR 27489) 146 List 3 exclusions (2 subheading and 144 product specific plus revisions to 3 prior granted exclusions). Items included in this round of granted exclusions include chemicals, pigment pastes, machine tools, LED’s and more.
List 3 exclusions are effective for goods entered from September 24, 2018 through August 7, 2020. Brokers, importers and other entry filers should use HTS 9903.88.46.
List 4A Exclusions Granted May 8, 2020
On May 8, the USTR posted a list of 4A exclusions that were granted on medical devices or supplies. These consist of 3 subheadings, 5 product specific items, and a modification to HTS 6407.90.9889.
These exclusions are valid from September 1, 2019 through September 1, 2020.
Click here for the list of the items on List 3 and List 4A.
Brokers, importers and other entry filers should use HTS 9903.88.47 for these exclusions.
Reminder in order to recover duties if the entries are unliquidated, a PSC needs to be filed; if the entries are liquidated, a protest needs to be filed within 180 days after the liquidation date to protect the right to receive a refund of duties paid.
If an exclusion was amended or corrected by a later Federal Register notice, the extension comments must be submitted referencing the original published notice.
If you have questions about filing an exclusion request, seeking a refund of past duties paid under Sec. 301, and/or discussing Sec. 301 duty avoidance strategies, such as the use of country of origin transference or the use of “First Sale” valuation, please reach out to Adrienne Braumiller, Partner, Braumiller Law Group, [email protected] or Attorney George Tuttle, [email protected]
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