© [2020], Sandler, Travis & Rosenberg, P.A. Originally published in the [07/30/2020] issue of the Sandler, Travis & Rosenberg Trade Report. Reprinted by permission.

The Office of the U.S. Trade Representative has announced that 14 products imported from China will continue to be excluded from the Section 301 additional 25 percent tariff through the end of the year. Dozens of other products, however, will see their tariff exclusions expire as of July 31.

For more information on Section 301 tariffs, including assistance or guidance with exclusions, please contact Nicole Bivens CollinsonMarilyn-Joy Cerny, or Kristen Smith.

Exclusions Extended

USTR is extending the exclusion of the following products from the additional tariff on List 2 goods from China.

– polytetrafluoroethylene having a particle size of 5 to 500 microns and a melting point of 315 to 329 degrees Celsius (described in HTSUS 3904.61.0090)

– polyethylene film coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not printed, in rolls (described in HTSUS 3919.90.5060)

– rectangular sheets of high-density or low-density polyethylene with a sticker attached to mark the center of each sheet, of a kind used in hospital or surgery center operating rooms (described in HTSUS 3920.10.0000)

– gasoline or liquid propane engines each having a displacement of more than two liters but not more than 2.5 liters (described in HTSUS 8407.90.9010)

– dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump (described in HTSUS 8424.89.9000)

– walk-behind rotary tillers, electric powered (described in HTSUS 8432.29.0060)

– AC motors with attached actuators, crankshafts, or gears (described HTSUS 8501.10.6020)

– position or speed sensors for motor vehicle transmission systems (described in HTSUS 8543.70.4500)

– wheel speed sensors for anti-lock motor vehicle braking systems (described in HTSUS 8543.70.4500)

– apparatus using passive infrared detection sensors designed for turning lights on and off (described in HTSUS 8543.70.9960)

– liquid leak detectors (described in HTSUS 8543.70.9960)

– robots, programmable, incorporating an LCD display, camera, and microphone but without “hands” (described in HTSUS 8543.70.9960)

– motorcycles (including mopeds) with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc (described in HTSUS 8711.10.0000)

– digital clinical thermometers (described in HTSUS 9025.19.8010 or 9025.19.8020)

These exclusions, which must be claimed using new HTSUS 9903.88.54, are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request. The scope of each exclusion is governed by the scope of the specified product descriptions and not by the product descriptions in any particular request.

However, this extension of these exclusions is only valid through Dec. 31. USTR states that this shortened extension is due to “the cumulative effect of current and possible future exclusions or extensions of exclusions on the effectiveness of” the Section 301 tariffs. USTR explains that it has granted more than 6,700 exclusion requests to date, has extended some of these exclusions, and may consider further extensions. USTR states that it will take account of the cumulative effect of exclusions in considering the possible further extension of these and other exclusions.

Exclusions Expiring

The tariff exclusions granted in July 2019 for the following items are not being extended and will therefore expire July 31, at which point the 25 percent additional tariff will again be imposed on these goods.

– chlorinated polyethylene elastomer, in white or pale yellow powder form, containing 28 to 44 percent by weight of chlorine (described in HTSUS 3901.90.1000)

– expandable plastic beads consisting of copolymers of methylmethacrylate and styrene (described in HTSUS 3906.90.2000)

– polyol blends containing 92 percent or more by weight of polyether polyol and 2.5 percent or more by weight of N,N-dimethylcyclohexamine (described in HTSUS 3907.20.0000)

– hot melt flat shapes of biaxially oriented polypropylene film with an acrylic emulsion (described in HTSUS 3919.90.5060)

– polyvinyl chloride film coated on one side with pressure-sensitive solvent-acrylic adhesive that allows for easy removal from a flat glass or flat, rigid, clear plastics surface, with regular perforations covering 30, 40, or 50 percent of the surface area (described in HTSUS 3919.90.5060)

– printed rectangular polyethylene sheets depicting images on one side, with self-adhesive edges protected with peel-off liners on the other side (described in HTSUS 3919.90.5060)

– self-adhesive colored or printed polyvinyl chloride film with a peelable liner, in rolls, of a kind used for lining shelves or drawers (described in HTSUS 3919.90.5060)

– printed, nonpermeable plastic film of ethylene designed for use in packaging personal care products such as baby wipes, adult wipes, and similar wet stack products (provided for in HTSUS 3920.10.0000)

– polyethylene film of a kind used for wrapping perishable foods, with a starter edge tab, put up in retail packages incorporating a built-in slide cutter and grip strip for holding the film in place until subsequent use (described in HTSUS 3920.10.0000)

– spark-ignition rotary or reciprocating internal combustion piston engines to be installed in agricultural or horticultural machinery or equipment (described in HTSUS 8407.90.1020)

– spark-ignition internal combustion piston engines, not elsewhere specified or included (described in HTSUS 8407.90.9040)

– heat guns (described in HTSUS 8419.89.9585)

– heated tissue preparation microscope slide flattening tables (described in HTSUS 8419.89.9585)

– tissue sample paraffin floatation baths (described in HTSUS 8419.89.9585)

– air amplifiers powered solely by an external source of compressed air (described in HTSUS 8424.89.9000)

– apparatus capable of generating and projecting liquid particles of a size that simulates haze, fog, or snow, whether or not incorporating laser or other lighting apparatus (described in HTSUS 8424.89.9000)

– apparatus capable of mechanically generating and projecting bubbles from a liquid source (described in HTSUS 8424.89.9000)

– aroma-spraying sets, each of which includes a battery-powered aerosol apparatus and a glass bottle containing not more than 25 ml of essential oil solution (described in HTSUS 8424.89.9000)

– collars of a size suitable for dogs or cats, fitted with a means to provide a stimulus to the animal by means of a sprayer, whether or not combined with a static electric discharge device or sound emitter; such collars capable of being controlled by an external transmission device (described in HTSUS 8424.89.9000)

– oral irrigators (dental water-jet machines) (described in HTSUS 8424.89.9000)

– parts washers, each consisting of a steel basin, steel drain plug, support legs and a shelf, a recirculating centrifugal pump assembly, a power cord incorporating an electrical fusible link, a gooseneck spigot assembly, with a steel lid held by a “piano-type” hinge and by a lid support bracket incorporating a mechanical fusible link (described in HTSUS 8424.89.9000)

– rotary surface washers, consisting of a tube, at one end of which is a fitting suitable for connection to an external power washer and a handle for controlling the position of the apparatus, and at the other end of which is an assembly of one or more rotating brushes that receive the output of the external power washer (described in HTSUS 8424.89.9000)

– wet- and dry-diffusion apparatus fitted for incorporation into scent-releasing machines (described in HTSUS 8424.89.9000)

– fertilizer distributors with a capacity not exceeding 40 kg (described in HTSUS 8432.42.0000)

– benchtop drill presses (described in HTSUS 8465.95.0055)

– bearing housings each valued over $2000 (described in HTSUS 8483.30.8020)

– C-frame 2-pole AC electric motors (described in HTSUS 8501.10.6020)

– electric motors (described in HTSUS 8501.10.6080)

– amorphous silicon solar chargers with a power output of 100 W or less (described in HTSUS 8501.31.8010)

– electric motors (described in HTSUS 8501.52.4000)

– armature shafts for electric motors of heading 8501 (described in HTSUS 8503.00.9520)

– windshield wiper motor covers and shafts (described in HTSUS 8503.00.9520)

– leakage current detection and interruption cords (described in HTSUS 8536.30.8000)

– control boards for stoves, ranges, and ovens of heading 8516 (described in HTSUS 8537.10.3000)

– Zener diodes (described in HTSUS 8541.10.0050)

– antenna amplifiers (described in HTSUS 8543.70.9960)

– antenna noise suppressors (described in HTSUS 8543.70.9960)

– audio controllers (described in HTSUS 8543.70.9960)

– audio mixers (described in HTSUS 8543.70.9960)

– devices incorporating sensors and monitors for identifying encoded television and radio signal information of survey participants (described in HTSUS 8543.70.9960)

– electrically powered cat noise control devices (described in HTSUS 8543.70.9960)

– electrically powered combs of a kind used on pets (described in HTSUS 8543.70.9960)

– electrically powered dog training, controlling, repelling, or locating apparatus, including dog collars fitted with GPS or other transmitting or receiving devices and electrical barrier transmitter devices (described in HTSUS 8543.70.9960)

– electrically powered insect control apparatus (described in HTSUS 8543.70.9960)

– electrically powered static-emitting plastic strips designed for use in training or controlling pets (described in HTSUS 8543.70.9960)

– LED lamps for flash curing nail polish (described in HTSUS 8543.70.9960)

– multiple device remote controls other than radio remote control (described in HTSUS 8543.70.9960)

– couplers, knuckles, and yokes and parts thereof for vehicles of heading 8605 or 8606 (described in HTSUS 8607.30.1000)

– polarizing film of triacetate with a pressure-sensitive adhesive backing (described in HTSUS 9001.20.0000)

– cooking thermometers, including candy and deep-fry thermometers (described in HTSUS 9025.19.8080)

– infrared thermometers (described in HTSUS 9025.19.8080)

– combined thermometer and hygrometer devices (described in HTSUS 9025.80.1000)

– pulse output gas meters of a kind that can be read remotely (described in HTSUS 9028.10.0000)

– pulse output water meters of cast stainless steel (described in HTSUS 9028.20.0000)

– fingertip pulse oximeters (described in HTSUS 9029.20.4080)