USTR Publishes Notice on New Product Exclusions for Section 301 List 3 Tariffs

February 4, 2020 by Tim Warren|Top News

The Office of the U.S Trade Representative is set to publish a notice Feb. 5 some new product exclusions from Section 301 tariffs on the third list of products from China (see 2001020013). The product exclusions apply retroactively to Sept. 24, 2018, the date the tariffs on the third list took effect, and will remain in effect until Aug. 7, 2020.

New subheading 9903.88.38 will be used for these excluded products. The agency also made “technical corrections to the specially prepared product descriptions in certain notes to the [Harmonized Tariff Schedule of the United States], specifically U.S. note 20(ll)(26), published at 84 FR 57803 (October 29, 2019), and U.S. note 20(nn)(20), published at 84 FR 61674 (November 13, 2019).”

The list three exclusions “are reflected in 2 ten-digit HTSUS subheadings and 117 specially prepared product descriptions, which cover 208 separate exclusion requests,” it said. The subheadings are 8425.31.0100 and 8708.93.7500.

The product descriptions are:

Alaskan sole (yellowfin, rock or flathead), frozen in blocks, in cases with net weight of more than 4.5 kg (described in statistical reporting number 0304.83.5015).
4) Sole fillets, individually frozen, each fillet weighing more than 50 g but less than 150 g (described in statistical reporting number 0304.83.5015)
Alaskan plaice, frozen in blocks, in cases each with net weight of more than 4.5 kg (described in statistical reporting number 0304.83.5020)
Individually frozen fillets of flounder, including Arrowtooth Flounder (Atheresthes stomias) and Kamchatka Flounder (Atheresthes evermanni), each weighing 80 g or more but not exceeding 200 g (described in statistical reporting number 0304.83.5020)
Slipper lobster meat (Ibicus ciliatus), frozen, raw, whether whole or in pieces, put up for sale in bags each with a net weight of not more than 2.27 kg (described in statistical reporting number 0306.19.0061)
King crab meat, frozen in blocks each weighing at least 1 kg but not more than 1.2 kg, in airtight containers (described in statistical reporting number 1605.10.2010)
Snow crab meat (C. opilio), frozen in blocks, in airtight containers each with net weight of not more than 1.2 kg (described in statistical reporting number 1605.10.2022)
Dungeness crab meat, frozen in blocks, in airtight containers with net weight of not more than 1.2 kg (described in statistical reporting number 1605.10.2030)
Crab meat (other than King crab, Snow crab, Dungeness or swimming crabs), frozen in blocks, in airtight containers with net weight of not more than 1.5 kg (described in statistical reporting number 1605.10.2090)
Synthetic silica gel, in granules measuring 0.25 to 0.6 mm in diameter, put up in retail packaging, of a kind used for drying and preserving flowers (described in statistical reporting number 2811.22.1000)
Nitrous oxide (dinitrogen monoxide) (CAS No. 10024-97-2), pressurized to 250 bars in cylindrical, zinc-coated, steel cartridges, each measuring not more than 18.1 mm in diameter and not more than 65.6 mm in length, containing not more than 8.3 g of nitrous oxide (described in statistical reporting number 2811.29.5000)
Fertilizer, derived from soybeans, powdered, put up in bags each with net weight of 23 kg, of which 14 percent by weight is nitrogen (N) and containing no phosphorus (P) or potassium (K) (described in statistical reporting number 3101.00.0000)
Laundry detergent powder, put up for retail sale, whether as powder or as water-soluble, pre-measured pods (described in statistical reporting number 3402.20.1100)
Herbicide consisting of 1,1'-dimethyl-4,4'-bipyridinium dichloride (CAS No. 1910-42-5) (Paraquat concentrate in liquid form) up to 45 percent concentration with application adjuvants (described in statistical reporting number 3808.93.1500)
Supported nickel-based catalysts, of a kind used for methanation, depolarization, hydrogenation, pre-reforming or reforming of organic chemicals or for protection of hydrotreating catalysts from arsine poisoning (described in statistical reporting number 3815.11.0000)
Supported catalysts for high-temperature shift reactions for ammonia, hydrogen, and methanol, with carbon monoxide or carbon dioxide as the active ingredients (described in statistical reporting number 3815.19.0000)
Supported catalysts for polymerization (described in statistical reporting number 3815.19.0000)
Supported catalysts of cuprous oxide and zinc oxide as the active ingredients for arsine removal (described in statistical reporting number 3815.19.0000)
Supported catalysts with alumina as the active substance for chlorine removal (described in statistical reporting number 3815.19.0000)
Supported catalysts with copper carbonate or zinc carbonate as the active ingredients for low temperature depolarization (described in statistical reporting number 3815.19.0000)
Supported catalysts with metal sulfide as the active substance for mercury removal (described in statistical reporting number 3815.19.0000)
Supported catalysts with molybdenum compounds as the active substance for hydrogenation (described in statistical reporting number 3815.19.0000)
Supported catalysts with zinc oxide absorbent as the active substance (described in statistical reporting number 3815.19.0000)
Floor coverings of polymers of vinyl chloride, with a rigid core of wood powder composite, with planks glued together, each measuring not less than 115 cm but not more than 130 cm in length (described in statistical reporting number 3918.10.1000)
Bags of plastic certified by the Biodegradable Products Institute as being compostable, each measuring 43 cm or more but not more than 107 cm in width and 45 cm or more but not more than 122 cm in length, of sheet or film measuring 0.02 mm or more but not more than 0.056 mm in thickness (described in statistical reporting number 3923.29.0000)
New pneumatic tires of rubber of a kind used on bicycles, each having a carbon steel wire-reinforced bead and weighing not more than 2.27 kg each (described in statistical reporting number 4011.50.0000)
Seamless disposable gloves of acrylonitrile butadiene rubber, other than for surgical or medical use (described in statistical reporting number 4015.19.1010)
Seamless disposable gloves of natural rubber latex, other than for surgical or medical use (described in statistical reporting number 4015.19.1010)
Bags of woven nylon with leather trim, each having a metal slide fastener and a locking mechanism on one end of the bag to prevent the slide fastener from opening, measuring 11 cm or more but not more than 20 cm in length, 5 cm or more but not more than 9 cm in width, and 7 cm or more but not more than 12 cm in height (described in statistical reporting number 4202.22.8100)
Zippered containers with outer surface of polyester fabric, each measuring not over 170 mm by 95 mm by 30 mm, with clear touch-sensitive polyvinyl chloride front window, such containers mounted on armband (described in statistical reporting number 4202.92.9100)
Poles, finials, tiebacks and similar drapery hardware of wood (described in statistical reporting number 4421.99.9780)
Paper and paperboard printed labels, personalized, not lithographic, on matte self-adhesive stock, with foil embellishments, each measuring 2 cm or more but not more than 6 cm in diameter, on sheets measuring not more than 21 cm in width and not more than 29 cm in length, packaged in a sealed direct mail package (described in statistical reporting number 4821.10.4000)
Drinking straws of paper, each measuring 12.5 cm or more but not more than 26.5 cm in length and 5 mm or more but not more than 10 mm in diameter (described in statistical reporting number 4823.90.8600)
Dyed sateen fabric containing artificial staple fibers, measuring 292.1 cm in width (described in statistical reporting number 5516.92.0060)
Rugs of 100 percent polyester or polypropylene, with brass grommets and stainless steel springs, each measuring at least 44 cm by 45 cm but not exceeding 56 cm by 59 cm (described in statistical reporting number 5705.00.2030)
Fabrics of 100 percent polyester, silicone coated, of a kind suitable for upholstery, weighing more than 90 g/m2, meeting ASTM International standard G21, American Association of Textile Chemists and Colorists (AATCC) standards 147-2004 and 30 and Chemical Fabric & Film Association (CFFA) standard 141 method II (described in statistical reporting number 5903.90.2000)
Cullet of clear soda-lime glass to be used for the production of continuous filament mats (described in statistical reporting number 7001.00.5000)
Glass shells fitted for incorporation into glass insulators for use in the transmission of electricity (described in statistical reporting number 7006.00.4050)
Rear-view mirrors of convex glass for motor vehicles, each measuring not less than 1.75 mm and not more than 2.4 mm in thickness, not less than 125 mm and not more than 210 mm in length, not less than 97 mm and not more than 180 mm in width, weighing not less than 74 g and not more than 188 g (described in statistical reporting number 7009.10.0000)
Rear-view mirrors of flat glass for motor vehicles, each measuring not less than 1.75 mm but not more than 2.4 mm in thickness, not less than 163 mm but not more than 210 mm in length, not less than 107 mm but not more than 167 mm in width and weighing not less than 80 g but not more than 188 g (described in statistical reporting number 7009.10.0000)
Non-woven fiberglass and polyester composite panels, each panel measuring not less than 120 cm by 242 cm, and not less than 2 mm but not more than 10 mm in thickness (described in statistical reporting number 7019.39.1090)
Bent bolts, tube nuts, of cold-heading quality carbon steel, measuring 18.75 mm in length and 19.50 mm in outside diameter (described in statistical reporting number 7318.15.2046)
Furnace manifold and orifice holder assemblies of steel, with an internal thread and welded flat plate with screw holes, measuring not less than 15 cm in length, not less than 8 cm in width, and not less than 10 cm in height (described in statistical reporting number 7321.90.6060)
Cable hooks of steel, each weighing not less than 0.2 kg, measuring not less than 9 cm in length, not less than 5 cm in width and not less than 1 cm in height with spring loaded closure gate (described in statistical reporting number 7326.90.8688)
Registers, grills and diffusers of steel, of the type used for duct openings of heating and ventilating systems (described in statistical reporting number 7326.90.8688)
Awning stabilizer kits, each comprising two zinc-plated steel constructed spiral stakes with two rolls of cord or two pull-tension straps, weighing not more than 2 kg (described in statistical reporting number 7326.90.8688)
Toilet paper holders of brass with chrome or nickel finish (described in statistical reporting number 7418.20.1000)
Hole saw cups, tungsten carbide tipped or bi-metal, measuring not less than 18.5 mm but not more than 166 mm in diameter (described in statistical reporting number 8202.99.0000)
Sockets of zinc-plated alloy steel to fit 19 mm hex, each with quick-connect shaft, weighing not more than 250 g (described in statistical reporting number 8204.20.0000)
Stamping dies of A2 or D2 tool steel, each measuring not less than 60 cm by 60 cm by 32 cm and not more than 370 cm by 155 cm by 125 cm, weighing not less than 1,360 kg or more but not more than 5,450 kg, of a kind suitable for stamping steel or aluminum (described in statistical reporting number 8207.30.6032)
Ladder hooks and supports of polyethylene coated steel suitable for carrying waste tanks of recreational vehicles, each weighing not more than 2 kg (described in statistical reporting number 8302.30.3060)
Push bars of aluminum for screen doors of recreational vehicles, each adjustable in length from not less than 500 mm to not more than 825 mm, weighing not more than 600 g (described in statistical reporting number 8302.30.3060)
Awning roller bar hanging mountings of polyvinyl chloride for recreational vehicles, each with S-hook hangers having a capacity of not more than 7 kg, weighing not more than 200 g (described in statistical reporting number 8302.41.9080)
56) Hand pumps for liquids (other than those of subheading 8413.11 or 8413.19) of acrylonitrile butadiene styrene (ABS) plastics (described in statistical reporting number 8413.20.0000)
Hand-operated pumps, weighing 350 g each, designed to inflate or deflate sports balls (described in statistical reporting number 8414.20.0000)
Sewing machines, not of the household type, not specially designed to join footwear soles to uppers; each such machine weighing 45 kg or more but not over 140 kg, suitable for sewing leather (described in statistical reporting number 8452.29.9000)
Bath and shower faucets of copper, each consisting of a valve in which the temperature of the water exiting the faucet is controlled by an adjustable thermostat set to the user's desire, having a pressure rating under 850 kPa (described in statistical reporting number 8481.80.1020)
Bath and shower faucets of copper, each consisting of a valve to control flow of water, with one inlet port and one outlet port, having a pressure rating under 850 kPa (described in statistical reporting number 8481.80.1020)
Bath and shower faucets of copper, each consisting of a valve to direct flow of water, with one inlet port and two outlet port, having a pressure rating under 850 kPa (described in statistical reporting number 8481.80.1020)
Hand-operated shower faucets of copper, having a pressure rating under 850 kPa (described in statistical reporting number 8481.80.1020)
Water pressure balance valves of brass, each with 1.91 cm inlet and 1.27 cm outlets (described in statistical reporting number 8481.80.1020)
Water pressure balance valves of copper, each with 1.27 cm inlets and 1.27 cm outlets (described in statistical reporting number 8481.80.1020)
Water pressure balance valves of copper, each with 1.91 cm inlets and 1.91 cm outlets (described in statistical reporting number 8481.80.1020)
Faucets of copper having a pressure rating under 850 kPa, for sink and lavatories, each to be deck-mounted through one hole (described in statistical reporting number 8481.80.1030)
Faucets of copper having a pressure rating under 850 kPa, for sinks and lavatories, each to be deck-mounted through three holes of which the distance between the centers of the outermost holes is 20.3 cm (described in statistical reporting number 8481.80.1030)
Faucets of brass having a pressure rating under 850 kPa, for sinks and lavatories, each to be wall-mounted through two holes of which the distance between the centers of the holes is 20.3 cm (described in statistical reporting number 8481.80.1030)
Supply stops of brass, each with 1.91 cm inlet and 1.91 cm outlet (described in statistical reporting number 8481.80.1040)
Hand-operated valves of plastics, each comprising a bottle lid, drinking spout and flavor dispensing valve (described in statistical reporting number 8481.80.5090)
Hand-operated valves of acrylonitrile butadiene styrene (ABS) plastic, each a hand operated, quarter-turn ball valve, threaded at one end to receive male end of U.S. garden hose (described in statistical reporting number 8481.80.5090)
Pressure regulating valves of brass, adjustable, each threaded to fit U.S. garden hose, having a maximum input pressure setting of 1.1 MPa, weighing no more than 750 g (described in statistical reporting number 8481.80.9015)
AC fan motors, single phase, of an output not exceeding 500 W, with motor and shaft measuring not more than 40 cm in length, specially designed for the heat pump of a recreational vehicle (described in statistical reporting number 8501.40.4040)
Solar-powered battery chargers, each consisting of an ABS plastic housing, a solar panel charger and a 6 V or 12 V sealed lead acid battery (described in statistical reporting number 8504.40.9550)
Printed circuit board assemblies of a kind used in motor vehicle lighting systems (described in statistical reporting number 8512.90.6000)
Game calling devices, imported with or without remote control devices, used in hunting to simulate the sound of animals to attract game (described in statistical reporting number 8519.81.3020)
Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 4 layers of copper (described in statistical reporting number 8534.00.0020)
Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 2 layers of copper (described in statistical reporting number 8534.00.0040)
Floor-mounted receptacles conforming to types 1-15R, 5-15R or 5-20R of the National Electrical Manufacturers Association (NEMA) (described in statistical reporting number 8536.69.8000)
Locking adapter plugs, each with National Electrical Manufacturers Association (NEMA) type 5-15P plug and NEMA type SS2-50R receptacle, NEMA type 5-15P plug and NEMA type L5-30R receptacle, NEMA type TT30P plug and NEMA type SS2-50R receptacle or NEMA type TT-30P plug and NEMA type L5-30R receptacle, for connecting to standard 15 A and 30 A residential outlets and power pedestals (described in statistical reporting number 8536.69.8000)
Male electrical plugs of polycarbonate plastics with brass terminals, each conforming to types TT-30P or 14-50P of the National Electrical Manufacturers Association (NEMA), with a handle in the shape of a loop (described in statistical reporting number 8536.69.8000)
Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 9 m but not longer than 16 m in length, with National Electrical Manufacturers Association (NEMA) type 5-15P plug on one end and NEMA type 5-15R receptacle on the other (described in statistical reporting number 8544.42.9010)
Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 4 m but not longer than 16 m in length, with National Electrical Manufacturers Association (NEMA) type TT-30P plug on one end and NEMA type TT-30R receptacle on the other or NEMA type 14-50P plug on one end and NEMA type 14-50R receptacle on the other, with handles on each end in the shape of loops (described in statistical reporting number 8544.42.9090)
Cup holder assemblies, designed to be incorporated in the vehicles of headings 8701 to 8705 (described in statistical reporting number 8708.29.5060)
Devices for mounting phones on motor vehicle interiors without a Universal Serial Bus (USB) charging port (described in statistical reporting number 8708.29.5060)
Hitches receivers of steel, not suitable for towing applications, each receiver to be clamped onto the rear bumper of a recreational vehicle, such bumpers being square in section and measuring not more than 102 mm on a side (described in statistical reporting number 8708.99.8180)
Tank holders of steel, designed to be mounted to the external rear bumper of a recreational vehicle, to safely secure portable holding tanks while the vehicle is in motion (described in statistical reporting number 8708.99.8180)
Bicycles, not motorized, each having both wheels exceeding 63.5 cm in diameter, fixed gearing and a coaster brake (described in statistical reporting number 8712.00.3500)
Bicycles, not motorized, having both wheels exceeding 63.5 cm in diameter, each having no more than three speeds and a coaster brake (described in statistical reporting number 8712.00.3500)
Wheeled trailers suitable for towing behind an adult bicycle, each comprising a frame of aluminum with a hitch mechanism, weighing not more than 17.5 kg, with a capacity of not more than 46 kg, with those trailers designated for carrying children meeting ASTM International standard F1975 (described in statistical reporting number 8716.40.0000)
Kayaks of high-density polyethylene, not inflatable (described in statistical reporting number 8903.99.0500)
Electrical levels, each with four indicator lights that change from red to green when the surface on which the device rests is horizontal (described in statistical reporting number 9015.30.4000)
Digital electronic balances of 5 cg or better sensitivity, battery powered, with outer housings of plastic, furnished with bowls or stainless steel platforms (described in statistical reporting number 9016.00.2000)
Hand-held card counters, each consisting of a plastic case containing a circuit board, rechargeable battery and controls, weighing less than 1 kg (described in statistical reporting number 9029.10.8000)
Upholstered seats with wooden frames other than chairs, not of cane, osier, bamboo or similar materials, each measuring at least 144 cm but no more than 214 cm in width, at least 81 cm but no more than 89 cm in height and at least 81 cm but not more than 163 cm in depth (described in statistical reporting number 9401.61.6011)
Covers or shell liners of textile material, cut and sewn to shape, for the seats of heading 9401 (described in statistical reporting number 9401.90.5021)
Parts of seats (other than of seats of a kind used for motor vehicles or of bentwood seats), consisting of fabric material cut to shape, including liner parts, partially sewn, with zippered cushions, weld cords or piping (described in statistical reporting number 9401.90.5021)
Parts of seats (other than of seats of a kind used for motor vehicles or of bentwood seats), consisting of leather cut to shape, including liner parts, partially sewn, with zippered cushions, weld cords or piping (described in statistical reporting number 9401.90.5081)
Household furniture of metal and high-pressure laminated bamboo (other than ironing boards, furniture for infants or children or bed frames) (described in statistical reporting number 9403.20.0050)
Lockers, of steel (described in statistical reporting number 9403.20.0050)
Display racks of powder coated steel, whether or not on casters, whether or not with LED lighting, each measuring at least 60 cm but not more than 125 cm in length, at least 60 cm but not more than 125 cm in width and at least 130 cm but not more than 225 cm in height, with slanted shelves with a lip at the front edge of each that measures 3 cm or more in height (described in statistical reporting number 9403.20.0080 prior to July 1, 2019; described in statistical reporting number 9403.20.0081 effective July 1, 2019)
Display tables of steel, each measuring not less than 92 cm but not more than 254 cm in width, not less than 46 cm but not more than 221 cm in depth, and not less than 66 cm but not more than 120 cm in height, with a steel lip around the entire top perimeter edge measuring not more than 3 cm in height, with plastic risers (described in statistical reporting number 9403.20.0080 prior to July 1, 2019; described in statistical reporting number 9403.20.0081 effective July 1, 2019)
Household furniture of high-pressure laminated bamboo, other than babies' or children's furniture (described in statistical reporting number 9403.82.0015)
Bassinets, composed of polyester fabric with frames of steel tubing and partial solid wood rails, each measuring 86 cm by 51 cm by 86 cm, weighing 12 kg, with adjustable height legs on wheels (described in statistical reporting number 9403.89.6003)
Parts of lockers, of steel (described in statistical reporting number 9403.90.8041)
Ceiling luminaires of aluminum, with light-emitting diodes (LEDs), measuring at least 26 cm but not exceeding 39 cm in diameter, operating at 120 V or more but not exceeding 277 V, other than for household use (described in statistical reporting number 9405.10.6020)
Troffers of aluminum incorporating light-emitting diodes (LEDs), measuring no more than 61 cm by 122 cm, other than for household use (described in statistical reporting number 9405.10.6020)
Troffers of aluminum incorporating light-emitting diodes (LEDs), measuring no more than 61 cm by 61 cm, with selectable correlated color temperature, other than for household use (described in statistical reporting number 9405.10.6020)
Electric household floor-standing lamps, of base metal other than brass, each measuring not more than 2 m in height (described in statistical reporting number 9405.20.6010)
Electric household table or desk lamps, of base metal other than brass, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.6010)
Electric household floor-standing lamps, of crystal, each measuring more than 36 cm but not more than 200 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of ceramics, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of concrete, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of crystal, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of glass, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of marble, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Electric household table or desk lamps, of polyester resin or plastics, each measuring not more than 92 cm in height (described in statistical reporting number 9405.20.8010)
Outdoor lighting sets, each containing 6 or 10 polycarbonate bulb sockets (described in statistical reporting number 9405.40.8410)
Flexible strips, each having embedded light-emitting diodes electrically connected to a molded electrical end connector, each strip wound onto a reel measuring not more than 25 cm in diameter and not more than 1.5 cm in width (described in statistical reporting number 9405.40.8440)