Updated Section 301 Granted Exclusions for Chinese Goods Including Medical Goods and Equipment — Trade Compliance

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The Office of the U.S. Trade Representative (USTR) recently published several Federal Register Notices (March 10, 16, and 17, 2020) announcing new granted exclusions for List 3 goods (currently 25 percent) and List 4A goods (currently 7.5 percent). In September 2018, the USTR imposed additional duties on Chinese-origin goods (List 3) with an annual trade value of approximately $200 billion as part of the action in the USTR Section 301 investigation of China's acts, policies, and practices related to technology transfer, intellectual property, and innovation. In September 2019, the USTR imposed additional duties on Chinese-origin goods (List 4A) with an annual trade value of approximately $300 billion. The new tariff exclusions include certain medical goods and equipment.

The List 3 tariff exclusions include seamless disposable gloves, plastic sacks and bags, and nonwovens of manmade filaments. These exclusions will be retroactive to Sept. 24, 2018, and remain in place until Aug. 7, 2020.

The List 4A tariff exclusions include soap, medical gloves, surgical drapes, bedsheets, face and medical masks, steel electromechanical shoe cover dispensers, and protective articles. These exclusions will be retroactive to Sept. 1, 2019, and remain in place until Sept. 1, 2020. The tariff exclusions are available for any product that meets the description, regardless of whether the importer filed an exclusion request. The Polsinelli International Trade and Customs Group is assisting importers in requesting retroactive refunds for granted exclusions. Please review our updated Section 301 Granted Exclusions tool in our Resource Library page.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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