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Insights · Section 301 and China

Section 301 Update: Additional Exclusions on List 3 Products; Suspension on List 4B Products; and Reduction on List 4A Products

On December 12, 2019, the United States Trade Representative (“USTR”) released a list of an additional forty-four (44) HTS provisions and product descriptions that will be excluded from Section 301 tariffs. These exclusions relate to items on List 3 of the China Section 301 tariffs. The unexcluded products on List 3 will continue to be subjected to an additional duty rate of 25%. The exclusions will be retroactive to September 24, 2018 and will remain in effect until August 7, 2020. The importers need to file post-entry corrections or protests to claim duty refunds. All granted exclusions can be found on the USTR’s website.

On December 13, 2019, the USTR announced that in light of a recent trade deal agreement between the United States and China, the additional duty of 15 percent on certain products from China (List 4B), scheduled to take effect on December 15, 2019, will be suspended until further notice. The USTR also expects to issue in the near future a notice reducing the rate of additional duty applicable to the products of China on List 4A.

If you have any questions about claiming refunds or whether or not you meet the requirements, please contact us and we will gladly help you navigate these regulations.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. The law described here changes, sometimes weekly. For advice about your own entries, notices or deadlines, contact the firm.

Neil B. Mooney, founder of the firm

Neil B. Mooney

Founder, of counsel · English · Español

Twenty-seven years on the cargo ramp, in the brokerage house and running his own forwarding and NVOCC group before law school. Licensed Customs broker since 1978, lawyer since 1999, and he consults on virtually every case.

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