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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