On Friday, August 2, 2019, the United States Trade Representative (USTR) office released its first Notice of Product Exclusions to Section 301 List 3 products currently subject to a 25% tariff. This marks the eighth round of exclusions overall.

Companies are encouraged to refer to the Annex to this notice to determine if any of your products are included in the 10 products specifically identified as exclusions. The scope of each exclusion is governed by the 10-digit level Harmonized Tariff Schedule (HTS) numbers and the descriptions identified in the Annex. 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 fall under these descriptions, you will be able to claim an exclusion using HTS# 9903.88.13.

U.S. Customs and Border Protection (CBP) instructions advise that in addition to reporting the regular Chapters 39, 54, 56, 73, 87 and 89 classifications of the HTS for the imported merchandise, importers shall report the HTS number 9903.88.13. Importers should not report any other Section 301 Chapter 99 HTS numbers when HTS number 9903.88.13 is entered.

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 representative.