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July 21, 2020
China 301: Simultaneous Exclusion and Request for Comments on Extension for Products on List 4A
The Office of the U.S. Trade Representative ("USTR") will publish a notice in the Federal Register this week  announcing  a new round of exclusions for products subject to List 4A of the Section 301 duties on China.  This seventh round of exclusions consists of 11 entire-subheading exclusions and 53 product-specific exclusions, covering products such as batteries, baby products, bike helmets and textiles.  Additionally, as mentioned in our previous alert , these exclusions are being granted but the opportunity  to comment on their extension is already open. The docket opened July 15, 2020 and will close  August 14, 2020 .

The notice also includes amendments to exclusions granted under HTS code 6307.90.9889 in the July 7th, 2020 exclusion round, line item numbers 15 - 19. The amendment reflects the July 1, 2020 HTS change record discontinuing HTS code 6307.90.9889. The amendment includes newly established HTS code 6307.90.9891 in the exclusion language: "(described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)." 

The exclusions in this notice apply retroactively to goods entered for consumption or withdrawn from warehouse on or after September 1, 2019, and will remain in effect until September 1, 2020.  Exclusions  are not importer-specific and can be used by any importer of the excluded merchandise.

Please contact us if you or your supplier believe that you may be eligible for a product exclusion listed in this announcement.  Depending on the entry date, you or your broker will need to file a post-summary correction or protest of liquidation with U.S. Customs and Border Protection to obtain a refund for any excluded products that entered the U.S. customs territory on or after September 1, 2019.

Other extension comment opportunities currently open include List 2 exclusions granted in September and October of 2019 and List 4 exclusions granted in March, May and June of 2020.  The deadline for comment on extension of these List 2 and List 4 exclusions is  July 30, 2020 .  
 
Please let us know if you have any questions. 
The Mowry & Grimson Team