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USTR Publishes List of Products Excluded From China Tariffs

Tuesday, May 14, 2019

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The U.S. Trade Representative (USTR) released a fourth set of exclusions for 40 products covered by the original "List 1" Section 301 tariffs on Chinese products. Previously, in December 2018, the USTR published a first list of products that would be excluded from List 1. A second and third list of products were published on March 25, 2019 and April 18, 2019, respectively. Today's publication represents a fourth tranche of exclusions regarding List 1. 

The 40 excluded products are:

(1)  8407.21.0040

(2)  8427.10.4000

(3)  8473.40.1000

(4)  8481.10.0090

(5) 8483.50.9040

(6) Apparatus, including pitchers, bottles, and units designed for incorporation into refrigerators, appliances or sink faucets, the foregoing fitted with filters for filtering or purifying water (described in statistical reporting number 8421.21.0000)

(7)  Filtering apparatus, fitted with pumps, designed for use in pools, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(8)  Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000)

(9)  Submersible machinery for filtering water, designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)

(10)  Water distillation machinery and apparatus not covered by heading 8419 (described in statistical reporting number 8421.21.0000)

(11)  Air purification equipment, electrically powered, weighing less than 36 kg (described in statistical reporting number 8421.39.8015)

(12)  Dust collection equipment for cement, minerals and mining industries (described in statistical reporting number 8421.39.8015)

(13)  Apron-type chain conveyor (described in statistical reporting number 8428.39.0000)

(14)  Roller conveyors (described in statistical reporting number 8428.39.0000)

(15)  Vibrating conveyors (described in statistical reporting number 8428.39.0000)

(16)  Machinery for mixing beverages in single servings for direct human consumption, designed for use in commercial food service establishments (described in statistical reporting number 8438.80.0000)

(17)  Machinery for reconstituting single serving beverages for direct human consumption from frozen pre-packaged portions, designed for use in commercial food service establishments (described in statistical reporting number 8438.80.0000)

(18)  Armatures designed for use in hydraulic solenoid valves (described in statistical reporting number 8481.90.9040)

(19)  C-poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(20)  Housings designed for hydraulic ball valves, of cast iron or steel, each measuring 5.7 cm by 3.2 cm and weighing 0.528 kg (described in statistical reporting number 8481.90.9040)

(21)  Metering spools, of aluminum, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(22)  Metering spools, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(23)  Poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(24)  Push pins, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(25)  Retainers, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)

(26)  DC electric motors, of an output of less than 18.65 W, valued over $4, other than brushless (described in statistical reporting number 8501.10.4060)

(27)  AC electric motors, multi-phase, of an output exceeding 14.92 kW but not exceeding 75 kW, other than for use in civil aircraft (described in statistical reporting number 8501.52.8040)

(28)  Coils, coil assemblies and other parts of electromagnets (the foregoing described in statistical reporting number 8505.90.7501)

(29)  Radio remote control apparatus for garage doors (described in statistical reporting number 8526.92.5000)

(30)  Radio remote control apparatus for pet collars and pet food dispensers (described in statistical reporting number 8526.92.5000)

(31)  Remote control devices, hand held and battery powered, designed for use with toy model vehicles and aircraft (described in statistical reporting number 8526.92.5000)

(32)  Bezels, covers and housings, the foregoing designed for motor vehicle cameras (described in statistical reporting number 8529.90.8100)

(33)  Electromechanical relays, for a voltage exceeding 60 V but not over 250 V, with contacts rated at 10 A or more (described in statistical reporting number 8536.49.0075)

(34)  Push-button switches, rated at over 5 A, measuring no more than 2.9 cm by 2.9 cm by 2.9 cm, with 4 spade or brass terminals, with an actuator shaft with D-shaped cross section (described in statistical reporting number 8536.50.9035)

(35)  Push-button switches, rated at over 5 A, measuring no more than 4.8 cm by 2.8 cm by 2.8 cm, with 2 spade or brass terminals (described in statistical reporting number 8536.50.9035)

(36)  Push-button switches, rated at over 5 A, measuring no more than 5 cm by 1.7 cm by 1.9 cm, with 2 spade or brass terminals, with an actuator shaft with D- shaped cross section (described in statistical reporting number 8536.50.9035)

(37)  Snap-action switches, each designed for installation in a wall-mounted enclosure or electrical box (described in statistical reporting number 8536.50.9040)

(38)  Stereoscopic microscopes, not provided with a means for photographing the image, valued not over $500 per unit (described in statistical reporting number 9011.10.8000)

(39)  Adapter rings, tubes and extension sleeves, stands and arm assemblies, stages and gliding tables, eyeguards and focusing racks, all the foregoing designed for use with compound optical microscopes (described in statistical reporting number 9011.90.0000)

(40)  Ultraviolet or infrared LED light therapy devices for the professional treatment of pain or of ailments of the skin (described in statistical reporting number 9018.20.0040.

The above exclusions are available for any importer, not only the importer who filed the exclusion request. They also will be available for one (1) year.

The USTR has not yet initiated an exclusion process for so-called List 3 products, but it is anticipated that the List 3 exclusion process will be released very soon and will mirror the process used for Lists 1 and 2. 

Pisani & Roll LLP can help with importers and affected parties with filing exclusion requests as well as with reviewing classification, valuation, and origin options. Questions about the impact of the Section 301 duties on operations can be directed to info@worldtradelawyers.com.

Source: Pisani & Roll LLP

Category: International Trade