USTR Issues Notice on New Section 301 Exclusions, Fixes for Face Masks, Medical Equipment

The Office of the U.S. Trade Representative announced a new round of product exclusions for products on the fourth list of Section 301 tariffs on products from China, as well as a series of modifications to current exclusions, including several for face masks, to reflect recent changes to the tariff schedule that took effect July 1.

New Exclusions Cover Musical Instruments, Antiques, Razors, Other Products

New subheading 9903.88.51 will be used for the new exclusions. The new set of exclusions are reflected in “61 specially prepared product descriptions, which together respond to 86 separate exclusion requests,” according to the notice. The product exclusions apply retroactively to Sept. 1, 2019, and will remain in effect until Sept. 1, 2020.

(See USTR’s Notice for a full list of the new exclusions.)

Exclusions Amended for Face Masks, Other Medical Products

The modifications to existing exclusions are necessary because of changes to residual “other” subheadings 3926.90.9990 for plastics and 6307.90.9889 for made-up textiles in the mid-year update to the Harmonized Tariff Schedule (see 2007020054). Because CBP requires that the product description and subheading are both correct for an importer to use an exclusion, the discrepancies created by the change meant that exclusions became unavailable for importers of face masks and other medical products as of July 1, when the tariff schedule changes took effect.

To correct these new discrepancies between the subheadings listed in the exclusions and those that are currently in effect as of the mid-year tariff schedule update, USTR is amending the following existing exclusions:

(rr)(5) 4818.90.0000 prior to July 1, 2020; 4818.90.0020 or 4818.90.0080 effective July 1, 2020

(uu)(1) Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(uu)(2) Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(uu)(3) Pads of foam plastics, with hook and loop fastener straps, integrated arm protectors, and accessory headrest, body straps, lift sheets, hand grips and face masks, of a kind used for positioning patients during medical procedures (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9950 effective July 1, 2020)

(uu)(4) Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(uu)(5) Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(uu)(6) Cold packs consisting of a single-use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(7) Disposable shoe and boot covers of man-made fiber fabrics (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(8) Eye compresses, each consisting of a fabric cover filled with silica or gel beads, with or without a hook-and-loop fastener strap (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(9) Face masks, and particulate facepiece respirators, of textile fabrics (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9845, 6307.90.9850, 6307.90.9870, or 6307.90.9875 effective July 1, 2020)

(uu)(10) Gel pads of textile materials, each with removable fabric sleeves, in the shape of hearts, circles or quadrants (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(11) Hot packs of textile material, single-use (exothermic chemical reaction) (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(12) Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(13) Patient restraint or safety straps of textile materials, with hook-and-loop or ladder lock fasteners (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(14) Single-use blood pressure cuff sleeves of textile materials (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(15) Single-use medical masks of textile material (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9845, 6307.90.9850, or 6307.90.9870 effective July 1, 2020)

(uu)(16) Single-use stethoscope covers (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(uu)(17) Woven gauze sponges of cotton in square or rectangular sizes (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)” in lieu thereof

(ww)(6) Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(ww)(7) Pouches of plastics, of a kind used with manually operated pill or tablet crushers to capture the powdered medicaments (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(ww)(8) Refillable dispensers of plastics, designed for mounting on a vertical wall, of a kind used to store and dispense emesis containment bags in medical settings (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(ww)(9) Sterile urology drain bags of plastics, designed to fit over a urology table extension, with a flap extension that provides sterile separation of the patient from the table surface and directs fluids into and through a filter at the top of an attached drain hose leading to a collection container (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(ww)(10) Ice bags of textile materials, for treating injuries or soreness, each refillable (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(ww)(11) Identification wristbands of textile materials, each with a blank panel (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)

(zz)(5) Disposable identification wristbands of plastics, designed to be worn by patients during medical procedures, each consisting of a plastics strip with an integrated window for inserting paper with relevant patient identification information, such bracelets measuring 0.95 cm or more but not more than 3.2 cm in width and having a secure closure (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(bbb)(6) Fittings of plastics, of a kind used to connect mop heads with mop handles (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)

(bbb)(13) Shells for pillows and comforters made from microfiber fabric consisting of filament yarns not more than 1.22 decitex, such fabric with a weight of at least 55 g/m2 but not more than 155 g/m2 (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)