NEW CHINA TARIFF EXCLUSIONS FOR SOME PRODUCTS, INCLUDING OFF-ROAD BICYCLE HELMETS AND FOLDING HELMETS FOR BIKES AND SCOOTERS. IS YOURS ON THE LIST?

July 27, 2020

The Office of the U.S. Trade Representative (USTR) recently announced that it had approved a new group of exclusions for products hit by List 4a of the China 301 tariffs, including certain off-road bicycle helmets and folding helmets. As a result, any company can gain tariff relief on items that match the product description approved by the USTR. We are writing to provide you with the details on these exclusions to ensure that OIA members are able to take advantage of this opportunity to reduce their tariff costs.

This group of products covering List 4a is retroactive to Sept. 1, 2019, and will be valid through Sept. 1, 2020. In order to claim this exclusion, your product must match the product description, and you should use Harmonized Tariff Schedule (HTS) code 9903.88.53 when importing your product.

Again, any importer can benefit from a granted exclusion if the product matches both the 10-digit HTS subheading and the exact specifications of the granted product description. If your product matches the written description but is not currently classified under the provided HTS, we recommend that you check with your customs broker or counsel to review its applicable classification.

To claim duty refunds using a product exclusion, importers can either submit a post-summary correction (PSC) or file a protest. For future imports, the Chapter 99 number assigned to that product exclusion must be used on entries and entry summaries. Guidance on this process issued by Customs and Border Protection (CBP) can be found here.

You can find a comprehensive list of all outdoor product exclusions here.

Extension of List 4a Product Exclusions

USTR also announced that it is accepting comments on extending List 4a product exclusions that are set to expire on Sept. 1, 2020. Companies may file comments herethrough Aug. 14, 2020. If you are utilizing one of the exclusions set to expire, we encourage you to file a comment, even if you did not submit the original petition requesting an exclusion.

The comment period covers the exclusions noted above and those announced on July 7, 2020.

To learn more about the exclusion process and how to take advantage of it to reduce your tariff costs, check out the webinar OIA recently put together with our outside trade counsel from Sorini, Samet & Associates.

We will keep you updated on any future developments on China 301 product exclusions.

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