The United States Trade Representative (USTR) office released four new lists of product exclusions to the Section 301 List 1-3 products currently subject to a 25% tariff.

List 1 Exclusions

On February 5, 2020, in Federal Register Notice 85 FR 6674, four exclusions to 84 FR 52567, dated October 2, 2019, were added as follows:

Centrifugal pumps, submersible, designed for use in artificial lift systems for extracting oil and gas (described in statistical reporting number 8413.70.2004)
Pistons and housings for hydraulic fluid power pumps of the type used in power lawn mowers (described in statistical reporting number 8413.91.9050 prior to January 1, 2019; described in statistical reporting number 8413.91.9060 effective January 1, 2019)
Furnace roll end-shafts of steel (described in statistical reporting number 8417.90.0000)
Multi-phase AC motors of an output of at least 5.8 kW but not exceeding 14.92 kW, each assembled with planetary gears and a gearbox (described in statistical reporting number 8501.52.4000)

These exclusions will be retroactive to July 6, 2018, and remain in place through October 1, 2020, by utilizing HTS # 9903.88.19.

List 2 Exclusions

On February 20, 2020, in USTR Notice of List 2 Product Exclusion, one exclusion was added to 84 FR 52555 dated October 2, 2019, as follows:

Skateboards with electric power for propulsion of a power not exceeding 250 W (described in statistical reporting number 87811.60.0050)

This exclusion will be retroactive to August 23, 2018, and remain in place through October 2, 2020, by utilizing HTS # 9903.88.20.

List 3 Exclusions

On February 5, 2020, in Federal Register Notice 85 FR 6674, 119 exclusions were added to List 3. Please refer to the annex to this notice, which includes the two complete HTS numbers and 117 specifically described items.

These exclusions will be retroactive to September 24, 2018, by utilizing HTS # 9903.88.38.

On February 20, 2020, in Federal Register Notice 85 FR 9921, 47 exclusions were added to List 3. Please refer to the annex to this notice, which includes one complete HTS number and 46 specifically described items.

These exclusions will be retroactive to September 24, 2018, by utilizing HTS # 9903.88.40.

The scope of each exclusion is governed by the 10-digit level Harmonized Tariff Schedule (HTS) numbers and descriptions identified in the notice. It is important to note that these exclusions are available for any product that meets the description in the official notice, regardless of whether the importer filed an exclusion request. If you import products that are consistent with these descriptions, you will be able to claim an exclusion using the designated 9903 HTS number.

Retroactive refunds of the Section 301 tariffs will not be automatic. Importers must submit a post-summary correction (PSC) for eligible entries made subsequent to September 24, 2018. If entries have already liquidated, importers may follow liquidation protest rules.

For more information, please contact your local Noatum Logistics USA (Formerly MIQ Logistics) representative.