For only the fourth time, the Office of the U.S. Trade Representative (USTR) has published a Federal Register notice announcing Section 301 tariff exclusions for certain imported Chinese products appearing on List 2. These products have been subject to Section 301 tariffs since August 23, 2018, when President Donald Trump announced additional import duties on Chinese goods with an annual trade value of approximately $16 billion.
This notice provides an exclusion for one product: skateboards with electric power for propulsion, of a power not exceeding 250 W (described in statistical reporting number 8711.60.0050). It also offers a technical amendment converting a previously granted exclusion of a specially prepared product description to an exclusion of a 10-digit Harmonized Tariff Schedule of the United States (HTS) subheading. Products under HTS subheading 3910.00.0000, described as “Silicones in primary forms,” are now fully excluded.
The one product-specific exclusion will be retroactive to August 23, 2018, and remain in effect until October 1, 2020. The technical amendment will apply to the original date of the granted exclusion, October 2, 2019, until October 1, 2020. These exclusions apply to any product that satisfies the description in the annex of the Federal Register notice, regardless of whether the company using the exclusion filed the request. Each exclusion is governed by the scope of the HTS heading and the product description appearing in the annex of the exclusion notice; it is not governed by the product description set out in any particular exclusion request. U.S. Customs and Border Protection will soon issue instructions on entry guidance and implementation. The USTR will continue to issue determinations on pending requests on a periodic basis.