The Office of the U.S. Trade Representative (USTR) has released notice of its fifth batch of China Section 301 product exclusion approvals that will relieve impacted U.S. importers from the 25 percent tariff implemented on certain imports from China July 6, 2018. These approved exclusions cover 464 exclusion requests and are established in two different formats:
- as a full exclusion for one existing 10-digit Harmonized Tariff Schedule of the United States (HTSUS) subheading, 8537.10.8000 (touch-sensitive data input devices (so-called “touch screens”) without display capabilities, for incorporation into apparatus having a display, which function by detecting the presence and location of a touch within the display area (such sensing may be obtained by means of resistance, electrostatic capacity, acoustic pulse recognition, infra-red lights or other touch-sensitive technology)); and
- as a partial exclusion under an HTSUS subheading and further defined in 88 specially prepared product descriptions. These partial HTS exclusions include but are not limited to: parts of non-aircraft gas turbines; oil well and oil field crank-balanced, long-stroke and beam pumps; certain radial piston hydraulic fluid pumps; numerous types of centrifugal and submersible pumps; stand-alone ice-making machines; assemblies of thermo-electric modules, whether or not presented with attached heat exchangers, fans, shrouds, temperature sensors or controllers; solar water heaters; certain self-propelled fork-lift and platform trucks; garage door opener/closers; new, track-mounted hydraulic backhoes or hydraulic shovels; pile drivers; certain AC multi-phase motors; certain speed drive controllers for electric motors; certain printed circuit assemblies of the goods of subheading 8504.40 or 8504.50; certain push-button switches, rated at over 5 A; and machines for testing the hardness of metals. The list of these 88 partial exclusions and the scope of their product description is provided in the annex of USTR’s notice. The scope of each exclusion is governed by the scope of the product descriptions in the annex, and not by the product descriptions set out in any particular individual request for exclusion.
These product exclusions will apply as of the July 6, 2018, effective date of the $34 billion Section 301 trade action, which assessed a 25 percent tariff on these items, and will extend for one year after the publication of this notice. U.S. Customs and Border Protection will shortly issue instructions on entry guidance, implementation of these exclusions and refund procedures.