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More Section 301 Exclusions Announced & Retroactive Refunds Available

Updated: Mar 2, 2020


More Section 301 Exclusions Announced & Retroactive Refunds Available
More Section 301 Exclusions Announced & Retroactive Refunds Available

In September 2019, The United State Trade Representative (USTR) announced additional product exclusions to the Section 301 China List 1-3. Combined, the exclusions for the three lists include 437 specific product descriptions.


We highly recommend that importers review the exclusion lists linked below to confirm if their goods are eligible for the exclusions and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective dates.



The exclusions will be effective as follows:

  • List 1: excluded from July 6, 2018 through September 20, 2020. Must be claimed using new HTS#: 9903.88.14

  • List 2: excluded from August 23, 2018 through September 20, 2020. Must be claimed using new HTS#: 9903.88.17

  • List 3: excluded from September 24, 2018 through August 7, 2020. Must be claimed using new HTS#: 9903.88.18

Update (10/25/19):


The Office of the U.S. Trade Representative (USTR) has completed processing exclusion requests for Section 301 List 1 and List 2 goods. USTR is continuing to review exclusion requests for List 3 goods and has recently announced a process for submitting exclusion requests for List 4A goods.


Importers should be aware that approved exclusions are available for any product that meets the specific product description, regardless of whether the importer filed an exclusion request.


Source: Sandler, Travis & Rosenberg, P.A. (ST&R)



Update (10/28/2019)


The Office of the U.S. Trade Representative (USTR) has announced additional product exclusions on Section 301 List 3 goods. These exclusions must be claimed using new HTSUS subheading 9903.88.33. The exclusions are retroactive to September 24, 2018 and will remain in place through August 7, 2020.


Importers should confirm if their goods are eligible for the exclusions and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective dates.




Update (11/11/2019)


Additional Section 301 List 3 Exclusions


The United State Trade Representative (USTR) has announced additional product exclusions to the Section 301 China List 3. The affected products include textiles, flooring, pet leashes, tools, and more.


For a complete list of affected goods, view the USTR’s list here:


We highly recommend that importers review the exclusion lists linked above to confirm if their goods are eligible for the exclusions and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective dates.

Exclusions details:


List 3 Details:

  • Exclusions are retrotractive from September 24, 2018 through August 7, 2020

  • Exclusions must be claimed new HTSUS subheading 9903.88.34

  • These exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request



Update 11/27/2019


Additional Section 301 List 3 Product Exclusions


The United State Trade Representative (USTR) has announced additional product exclusions to the Section 301 China List 3. The affected products include textiles, flooring, pet leashes, tools, and more. For a complete list of affected goods, view the USTR’s list here.


We highly recommend that importers review the exclusion lists linked above to confirm if their goods are eligible for the exclusions and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective dates.


Exclusions details:

  • List 3: excluded from September 24, 2018 through August 7, 2020

  • Exclusions must be claimed new HTSUS subheading 9903.88.35

  • These exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request


Update (12/17/2019)


44 Additional Section 301 List 3 Product Exclusions Announced


On December 12, 2019, the Office of United States Trade Representative (USTR) announced 44 additional HTS product descriptions to be excluded from the additional tariffs of Section 301 List 3.


For a complete list of affected goods, view the USTR’s list here:



Update (1/3/2020)


Additional Section 301 List 3 Product Exclusions Announced


The United State Trade Representative (USTR) has announced additional product exclusions to the Section 301 China List 3. The affected products include fabrics, aluminum items, tools, auto parts, and electronic devices. For a complete list of affected goods, view the USTR’s list here.


We highly recommend that importers review the exclusion lists linked above to confirm if their goods are eligible for the exclusions and apply for refunds of any tariffs paid on such goods since the applicable retroactive effective dates.


Exclusions details:

  • List 3: excluded from September 24, 2018 through August 7, 2020

  • Exclusions must be claimed new HTSUS subheading 9903.88.37

  • These exclusions are available for any product that meets the specified product description, regardless of whether the importer filed an exclusion request

Update: 2/20/2020


New Product Exclusions from Section 301 List 3 Goods from China


Today, the Federal Register published a new list of product exclusions from Section 301 List 3 Goods from China.


Affected products include:

  • titanium dioxide

  • leather mobile

  • device covers

  • wood flooring

  • various fabrics

  • portable outdoor cookers

  • aluminum shovels

  • fuel filters

  • wooden toddler beds

  • office furniture parts


These exclusions must be claimed using new HTSUS subheading 9903.88.40 and will be retroactive to September 24, 2018, and remain in place to Aug. 7, 2020.


For more information, click here.


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