On Wednesday, February 5, 2020, the United States Trade Representative (USTR) office released a new list of product exclusions to the Section 301 List 3 products currently subject to a 25% tariff in the Federal Register Notice 85 FR 6674.
This notice includes 2 complete 10-digit subheadings and 117 specific product descriptions. Companies are encouraged to refer to the Annex in the notice to determine if any of their products are included in the specifically identified exclusions. The scope of each exclusion is governed by the 10-digit level Harmonized Tariff Schedule (HTS) numbers and the descriptions identified in the notice. It is important to note that these exclusions are available for any product that meets the description in the official notice, regardless of whether the importer filed an exclusion request. If you import products that are consistent with these descriptions, you will be able to claim an exclusion using HTS 9903.88.38.
Retroactive refunds of the Section 301 tariffs will not be automatic. Importers must submit a post-summary correction (PSC) for eligible entries made subsequent to September 24, 2018. If entries have already liquidated, importers may follow liquidation protest rules.