Three Batches of Sect. 301-tranche 1 Duties Exclusions on Chinese Imports and How to Claim Them
Dear Valued Customer:
The United States Trade Representative has approved three batches of exclusions from Section 301 duties of 25% on Chinese imports between December and April. Below is a summary of the three batches of exclusions and how to claim them.
• Any importer can claim these exclusions if their products meet the descriptive requirements.
• All three batches of exclusions from Section 301 are retroactive to 7/6/2018 and remain in effect for one year from the USTR’s FR Notice dates for each, as indicated below*
• First batch of exclusions are claimed using subheading 9903.88.05 (*1 year from 12/28/18)
• Second batch of exclusions are claimed using subheading 9903.88.06 (*1 year from 3/25/19)
• Third batch of exclusions are claimed using subheading 9903.88.07 (*1 year from 4/18/19)
• Each batch has a list of tariff numbers that are eligible for exclusion. See tables below.
• Exclusions are not automatic and must be claimed at time of entry or post-entry.
• Other than entire subheadings that are excluded, products must match descriptions provided.
• A list of Customs entry line items dating back to 7/6/2018 should be run using the HTS numbers provided with each batch of exclusions limited to country of origin as China. Entry reports can be run from your ACE portal or request a list from your broker.
• Then contact your nearest JJB representative to confirm whether you should claim exclusions on new entries and whether you should claim refunds on past entries retroactive to 7/6/18. For unliquidated entries, PSCs can be filed to claim refunds, or Protests for liquidated entries.
• For your convenience, the 3 batches of exclusions are detailed below:
CBP-Section 301 Tranche 1 – Batch 1 of Exclusions
| HTS # | Description |
| 9903.88.05 | New exclusion # to be paired with HTS #’s below for goods eligible for exclusion |
| 8412.21.0075 | All goods classifiable under this HTS |
| 8418.69.0120 | All goods classifiable under this HTS |
| 8480.71.8045 | All goods classifiable under this HTS |
| 8482.10.5044 | All goods classifiable under this HTS |
| 8482.10.5048 | All goods classifiable under this HTS |
| 8482.10.5052 | All goods classifiable under this HTS |
| 8525.60.1010 | All goods classifiable under this HTS |
| 8407.21.0080 | Spark-ignition engines for marine propulsion, outboard, each rated at not less than 29.83 kW but not more than 44.74 kW |
| 8412.21.0030
|
Welded hydraulic linear acting (cylinders) engines and motors, each with piston bore of 12.7 mm or more but not over 34.6 mm, with stroke not over 11.43 m, overall length not over 15.24 m and rod diameter not over 1.219 m |
| 8419.90.2000 | Stretchers of stainless steel, designed to move rollers to adjust tension of paper fabric to be dried, each with a pivoting arm with an actuator, linear rail movement with an actuator, and front and back units with mounting holes for tube roll bearing housings |
| 8420.10.9080 | Roller machines with dies for embossing paper, manually powered |
| 8421.19.0000 | Salad spinners of plastics, with capacity of at least 2.4 liters but not more than 3.8 liters |
| 8421.21.0000 | Nonelectric water filtration apparatus consisting of three cylinder-shaped filter cartridges, each measuring 6.35 cm by 26.67 cm, having water storage tank and plastic tubing measuring 0.63 cm or more but not over 0.95 cm, presented with installation kit |
| 8425.39.0100 | Winches, each having a winch frame with a corrosion resistant coating and stainless steel mandrel with nylon bushings, operated manually by a worm gear mechanism |
| 8428.32.0000 | Elevators, comprising L-shaped steel buckets bolted to a steel chain, with guide rollers and a drive system |
| 8428.33.0000 | Belt conveyors, each comprising a frame with leveling feet, electric motor and food grade plastic conveyor belt |
| 8428.33.0000 | Belt conveyors, each comprising a welded frame with leveling feet and casters, electric motor and food grade plastic modular conveyor belt |
| 8439.99.1000 | Guards of stainless steel, designed to shield operators of papermaking machines from moving or rotating equipment, each with dimensions ranging from 30 cm by 30 cm by 50 cm to 50 cm by 50 cm by 4 m, weighing 30 kg or more but not over 100 kg |
| 8439.99.1000 | Scrapers (“doctors”) of stainless steel, designed to scrape impurities from the rotating roll surface of the forming and press sections of papermaking machines, each comprising a beam with a blade of non-symmetrical cross section, long aspect ratio, and mounting journals and turning devices on either end, with dimensions ranging from 50 cm by 50 cm by 8 m to 60 cm by 6 m by 11 m, weighing 1 metric ton or more but not over 3 metric tons |
| 8439.99.1000 | Frameworks of the forming and press section of papermaking machines, of stainless steel or cladded mild steel with stainless or acid proof steel, each with dimensions ranging from 1 m by 1 m by 1 m to 2.3 m by 2.3 m by 12 m, weighing 500 kg or more but not over 40 metric tons |
| 8439.99.1000 | Guides of stainless steel, designed for locating conveyer belts on papermaking machines, each with a moving arm with an actuator and front and back units with mounting holes for tube roll bearing houses, each with dimensions ranging from 40 cm by 50 cm by 30 cm to 1m by 1 m by 50 cm, weighing 300 kg or more but not over 500 kg |
| 8439.99.1000 | Rollers of steel and cast iron (“nip rollers”) with bearing journals on either end, designed for use in paper manufacturing to mechanically compress paper web to remove water or impart desired mechanical properties in paper web, each with a polymer cover, the foregoing with length of 7 m or more but not over 12 m, with diameter of 1 m or more but not over 1.5 m, weighing 15 metric tons or more but not over 30 metric tons |
| 8439.99.1000 | Open containers (“savealls”) of stainless steel, designed to catch water run off generated in the papermaking process, constructed of large square shaped plates and flat constructions with mounting holes on ends, each with dimensions ranging from 50 cm by 50 cm by 50 cm to 1.5 m by 1 m by 10 m, weighing 50 kg or more but not over 2 metric tons |
| 8439.99.1000 | Stretchers of stainless steel, designed to move rollers of papermaking machines to adjust tension of fabric, each with a pivoting arm with an actuator, linear rail movement with an actuator and front and back units with mounting holes for tube roll bearing housings |
| 8439.99.1000 | Suction boxes of stainless steel, which remove water from paper web or papermaking fabrics during papermaking, each with dimensions ranging from 50 cm by 50 cm by 8 m to 1 m by 1 m by 10 m, weighing 1.5 metric tons or more but not over 2 metric tons |
| 8439.99.1000 | Rollers of stainless steel or cast iron, designed for use in paper manufacturing to support and convey papermaking cloth (i.e. fabric) or the paper web, each weighing 7 metric tons or more but not over 20 metric tons, measuring 7 m or more but not over 12 m in length, with diameter of 40 cm or more but not over 1.5 m, presented with bearing journals on either end and a polymer cover |
| 8466.92.5010 | Workstands designed to use with miter saws, each with metal tube frame, 4 metal legs and 2 metal extension arms |
| 8466.92.5010 | Workstands designed for use with miter saws, each with wheels to make workstand mobile and with sides that fold up to extend the work area |
| 8481.90.9040 | Angle cock handle assemblies, of iron and steel, each measuring 11.43 cm by 21.59 cm by 5.08 cm and weighing 0.748 kg |
| 9022.14.0000 | Radiation therapy systems, each encased by steel-based structural shell with gantry cover comprising three pairs of plastics-based panels |
| 9032.10.0030 | Thermostats designed for air conditioning or heating systems, not designed to connect to the internet, the foregoing designed for wall mounting |
CBP-Section 301 Tranche 1 – Batch 2 of Exclusions
- Three subheadings are fully excluded:
a. 8412.21.0045 linear hydraulic motors with telescoping cylinders
b. 8430.31.0040 rock-breaking machines
c. 8607.21.1000 rail air brakes
- The following products were granted exclusions as subsets of 10-digit HTS codes:
| HTS # | Description |
| 9903.88.06 | New exclusion # to be paired with HTS #’s below for goods eligible for exclusion |
| 8413.81.0040 | Breast pumps |
| 8421.21.0000 | Saltwater aquarium filtering machines |
| 8421.21.0000 | Freshwater filtering machines for pools or aquariums |
| 8421.21.0000 | Hand-held ultraviolet water purifiers |
| 8421.21.0000 | Washing machine water purifiers |
| 8421.22.0000 | Wine sulfite filters |
| 8421.99.0040 | Filter housings, covers, or couplings |
| 9031.80.8085 | Clip-on musical tuning gauges |
| 9013.80.7000 | LED modules between 113 and 339 mm |
| 8471.70.6000 | Certain ADP storage units |
| 9014.80.2000 | Depth-sounding apparatus with digital display, for recreational boating use |
| 8515.11.0000 | Battery powered soldering irons or soldering guns, 18 cm or shorter |
| 8504.32.0000 | Some small electrical transformers |
| 8431.49.9095 | Construction equipment cleated rubber tracks |
| 8538.90.6000 | Knobs of injection molded plastics |
| 8414.90.4165 | Compressor housings for turbochargers |
| 8481.30.9000 | Plastic check valves |
| 8481.30.9000 | Some ABS check valves |
| 8413.91.9095 or, before 2019, 8413.91.9080 | Certain plastic impellers for centrifugal pumps |
| 8428.32.0000 | Certain steel bucket elevators |
| 8413.91.9095 or, before 2019, 8413.91.9080 | Cast iron Impeller housings |
| 8439.91.9000 | Rotors used in paper making |
| 8479.10.0060 | Certain sizes of self-propelled asphalt pavers |
| 8539.90.0000 | Ultraviolet lamp filament assemblies |
| 8501.10.4020 | Certain types of AC electric motors between 6 and 16 W |
| 8501.31.5000 | Certain types of DC motors rated at 739.6 W |
| 9027.90.5650 | Certain plastic inoculator sets |
| 9018.90.7580 | Restraint packs designed for use with chest compressors |
CBP-Section 301 Tranche 1 – Batch 3 of Exclusions
| HTS # | Description |
| 9903.88.07 | New exclusion # to be paired with HTS #’s below for goods eligible for exclusion |
| 8413.19.0000 | Pumps designed for countertop appliances for serving beer, the foregoing that control the level of carbonation by means of sonic waves |
| 8420.10.9080 | Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number |
| 8421.21.0000 | Water oxidizers and chlorinators |
| 8425.39.0100 | Ratchet winches designed for use with textile fabric strapping |
| 8428.33.0000 | Continuous action elevators and conveyors, designed to convey mineral materials |
| 8431.20.0000 | Counterweight castings of iron or steel designed for use on fork lift and other works trucks |
| 8431.20.0000 | Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks |
| 8466.93.9885 | Parts of drill sharpening machines |
| 8479.90.9496 | Outer shells of hydraulic accumulators, of iron or non-alloy steel, cylindrical with hemispherical heads on each end |
| 8479.90.9496 | Parts of mechanical awnings and shades |
| 8479.90.9496 | Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders |
| 8479.90.9496 | Steering wheels designed for watercraft, of stainless steel, having a wheel diameter exceeding 27 cm but not exceeding 78 cm |
| 8481.10.0090 | Pressure regulators of brass or bronze, whether high or low inlet type, having a rated flow rate of 55,000 – 150,000 BTU/hr, maximum inlet pressure of 0.17 MPa to 1. 72 MPa, inlet connection with POL or thread type of fitting |
| 8481.90.9040 | Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed for installation into air brake control valves |
| 8481.90.9040 | Push pins and C-poles of steel, designed for use in variable force solenoid valves |
| 8482.10.5032 | Ball bearings of a width not exceeding 30 mm |
| 8504.90.9690 | Inductor baseplates of aluminum, each with a length measuring 149.20 mm or more but not over 275 mm, with a width measuring 119.40 mm or more but not over 232 mm and with a depth of 10.50 mm or more but not over 19 mm, with a weight of0.48 kg or more but not over 3.2 kg |
| 8515.90.4000 | Parts of soldering irons and soldering machines |
| 8536.50.9065 | Motor vehicle gear shift switch assemblies, comprised of a plunger, connector and gear shift lever |
| 8536.50.9065 | Pressure switches designed for use in heat pumps and air-conditioning condensers having a rating of 1.90 megapascals or more but not over 4.55 megapascals |
| 9030.33.3800 | Instruments for measuring or checking voltage or electrical connections; electrical circuit tracers |
USA/China: Talks May Continue until June
With regards to Section 301 tranche 3 duties, the White House will host the Chinese delegation’s arrival in Washington next week to hold trade talks. A story from Reuters reporters in Beijing quoted two negotiators on the U.S. side who said there had been more progress on tech transfer issues. But a deal may not be struck until May or June. The story also clarified that “Some tariffs will stay… we’re not going to get rid of all the tariffs.”
Senator Grassley said both China and the US will lift tariffs in phases at certain periods of time.
-by Mitch Breyfogle
Thank you for your attention and cooperation. If you have any questions, please contact your nearest JJB representative.
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