Customs Expert Archives - Customs & International Trade Law Firm

High Tariffs, High Stakes: The Rise in Customs Fraud and Enforcement Risk

Jennifer Diaz — Fri, 11 Jul 2025 12:25:17 +0000

As tariffs climb and global trade grows more complex, a growing number of importers are testing the limits, or outright breaking the law, to reduce or avoid duty payments. U.S. enforcement agencies, including Customs and Border Protection (CBP) and the Department of Justice (DOJ), have made it clear that customs fraud will not be tolerated and is a top enforcement priority.

High Tariffs = High Incentive to Cheat

High tariffs create an incentive to cheat. Whether it’s through misclassifying goods, undervaluing imports, or using deceptive transshipment routes, some companies are turning to creative or outright illegal strategies to reduce their tariff liability.

This is not theoretical, we’ve seen it before. During the U.S.–China trade war of 2018–2019, there was a surge in country-of-origin fraud, particularly Chinese goods re-labeled as “Made in Vietnam.” Known as a “country of origin wash,” this practice misleads CBP and avoids duties tied to China.

These incentives have contributed to the emergence of a cottage industry of “tariff reduction” companies that advertise ways to cut import costs. However, many of these so-called strategies amount to evasion, putting importers at serious legal risk.

DOJ Prioritizes Customs Fraud

The Department of Justice is watching closely. In a May 2025 memo, Matthew Galeotti, head of the DOJ’s Criminal Division, named trade and customs fraud as one of the top enforcement priorities in white-collar crime.

The DOJ also expanded its Corporate Whistleblower Awards Pilot Program to include customs fraud.

Even before the latest memo, the DOJ has demonstrated a willingness to criminally charge bad actors with customs fraud. For example, in 2024, a Florida couple was sentenced to nearly five years in prison for evading over $42 million in duties.

CBP’s Position: Zero Tolerance

While CBP hasn’t issued a formal enforcement priorities memo like DOJ, its recent public messaging leaves no room for doubt. In May 2025, the agency warned the pharmaceutical industry that undervaluing goods amounts to trade evasion. Additionally, a LinkedIn post from the agency stated: “CBP targets and combats duty evasion at every level. Make no mistake – bad actors violating U.S. trade law will be identified, investigated, and punished to the fullest extent of the law.”

Common Criminal Charges in Customs Cases

The DOJ has several available statutory options in pursuing criminal cases against companies and individuals who violate customs laws. Commonly used federal criminal statutes that could apply to customs fraud cases include:

False Classification (18 U.S.C. § 541)
Underpayment of Duties (18 U.S.C. § 543)
Smuggling (18 U.S.C. § 545)
False Claims (18 U.S.C. § 287)
False Statements (18 U.S.C. §§ 1001 & 542)
Wire Fraud (18 U.S.C. §§ 1343 & 1349)
International Emergency Economic Powers Act (IEEPA) Violations (50 U.S.C. § 1701)
Conspiracy (18 U.S.C. § 371)

Penalties can include fines, imprisonment, and forfeiture.

The False Claims Act: Growing Risk & Big Payouts

The False Claims Act (FCA) has long been used to prosecute fraud against the government, but it is increasingly being used to pursue importers who misstate information to avoid paying import duties. Misrepresenting a product’s origin or value to underpay is known as a “reverse” false claim – essentially, a fraud to avoid paying money owed to the government (as opposed to fraud related to the amount paid by the government).

FCA penalties are steep; violators can be made to pay up to triple the amount of the underpaid duties, plus additional fines for each violation. These fines add up fast when every customs entry can count as a separate false statement.

Additionally, the FCA provides big incentives for whistleblowers. The law allows private individuals (known as “relators”) to file qui tam lawsuits on behalf of the government if they know of a company dodging its duties. Whistleblowers are often a company’s own employee or a company’s competitor.. These whistleblowers can collect 15–30% of any recovery, which, given the treble damages, can be huge. In one case in 2024, a Wisconsin-based whistleblower received a $1.4M payout.

What Importers Should Do

Now more than ever, it is critical for importers to examine their import compliance programs and ensure that adequate procedures are in place to correctly enter goods into the United States. Importers should proactively conduct extensive due diligence in their supply chains to ensure they can detect, report, and remedy any noncompliance with customs requirements. In addition, if an importer becomes aware of the fraudulent conduct of a competitor, they should contact counsel to discuss options for reporting it to the government.

Diaz Trade Law can assist importers in developing compliance plans and guide importers in the event of a customs investigation. Contact us at 305-456-3830 or info@diaztradelaw.com.

Learn more:

DOJ Targets Trade Fraud: Importers Now on Notice as Criminal Division Ramps Up Enforcement
Bloomberg Law: What is an Importer’s Reasonable Care Standard?
Bloomberg Law: Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ
Bloomberg Law: Submitting a Prior Disclosure to CBP
Webinar: The False Claims Act
Webinar: Importing 101: A Crash Course in CBP Compliance and Best Practices
Webinar: Basics on Tariff Classification
Webinar: Building and Maintaining an Effective Import Compliance Plan

Customs Bulletin Update – Vol. 56, October 19, 2022, No. 41

Jennifer Diaz — Mon, 24 Oct 2022 12:45:57 +0000

Below is a recap for last week’s Custom’s Bulletin.

Revocation of three ruling letters, modification of one ruling letter, and revocation of treatment relating to the tariff classification of certain step stools
- Pursuant to 19 U.S.C. § 1625(c)(1), CBP is revoking NY N294603, dated March 2, 2018, NY N196451, dated December 27, 2011, NY M84487, dated June 27, 2006, and modifying NY N235681, dated December 5, 2012, and revoking or modifying any other ruling not specifically identified to reflect the analysis contained in HQ H305377, set forth as an Attachment to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is revoking any treatment previously accorded by CBP to substantially identical transactions.
- It is now CBP’s position that a one-step step stool is classified according to its constituent material in heading 3924, if made of plastics or in heading 4421, if made of wood. Accordingly, pursuant to GRI’s 1 and 6, the plastic one-step step stools in NY N294603 and NY N196451 are classified in subheading 3924.90.56, which provides for “Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics: Other: Other”. The one-step step stool made of MDF in NY N235681 and the wooden step stool in NY M84487 are classified in subheading 4421.99.97, which provides for “Other articles of wood: Other: Other: Other: Other
Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of paper face masks
- Pursuant to 19 U.S.C. § 1625(c)(1), CBP is proposing to modify HQ 088173 and to revoke or modify any other ruling not specifically identified to reflect the analysis contained in the proposed HQ H311239, set forth as Attachment B to this notice. Additionally, pursuant to 19 U.S.C. § 1625(c)(2), CBP is proposing to revoke any treatment previously accorded by CBP to substantially identical transactions.
- It is now CBP’s position that if imported separately, paper face masks are properly classified in heading 4818, HTSUS, specifically in subheading 4818.90.00, HTSUS, which provides for “Toilet paper and similar paper, cellulose wadding or webs of cellulose fibers, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibers: Other”
Ship’s Store Declaration
- CBP Form 1303, Ship’s Stores Declaration, is used by the carriers to declare articles to be retained on board the vessel, such as sea stores, ship’s stores (e.g., alcohol and tobacco products), controlled narcotic drugs or bunker fuel in a format that can be readily audited and checked by CBP
- Proposed Change: This form is anticipated to be submitted electronically as part of the maritime forms automation project through the Vessel Entrance and Clearance System (VECS), which will eliminate the need for any paper submission of any vessel entrance or clearance requirements under the above referenced statutes and regulations. VECS will still collect and maintain the same data but will automate the capture of data to reduce or eliminate redundancy with other data collected by CBP.
- CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 33179) on June 1, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
Importers of Merchandise Subject to Actual Use Provisions
- In accordance with 19 CFR 10.137, importers of goods subject to the actual use provisions of the Harmonized Tariff Schedule of the United States (HTSUS) are required to maintain detailed records to establish that these goods were actually used as contemplated by the law, and to support the importer’s claim for a free or reduced rate of duty. The importer shall maintain records of use or disposition for a period of three years from the date of liquidation of the entry, and the records shall be available at all times for examination and inspection by CBP
- CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 29757) on May 16, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments
Customs-Trade Partnership Against Terrorism (CTPAT) and CTPAT Trade Compliance Program
- CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This proposed information collection was previously published in the Federal Register (87 FR 12473) on March 04, 2022, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments.
- Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
  - (1) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
  - (2) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
  - (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and
  - (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval.
- All comments will become a matter of public record.
Copyright, Trademark, and Trade Name Recordations
- The following copyrights, trademarks, and trade names were recorded with U.S. Customs and Border Protection in Septem[1]ber 2022. A total of 168 recordation applications were approved, consisting of 3 copyrights and 165 trademarks
- Recordations can be viewed on pages 35-42 of the bulletin
RKW Klerks v. United States
- In a case that involved the classification of two types of net wrap, both of which were synthetic fabrics used to wrap round bales of harvested crops, the U.S. Customs and Border Protection properly classified the net wraps under HRSUS subheading 6005.39.00;
- The wraps were not “parts” of harvesting or agricultural machinery classifiable under HTSUS subheadings 8433.90.50 or 8436.99.00 because they were not integral to the functioning of round hay balers and were a disposable input and not a part of round baling machines.
- Plaintiff’s motion for summary judgment denied and defendant’s cross-motion for summary judgment granted.

Customs and Trade Law Weekly Snapshot

Jennifer Diaz — Fri, 09 Sep 2022 12:45:26 +0000

Here is a recap of the latest customs and international trade law news:

Customs and Border Protection (CBP)

On September 7, 2022, U.S. Customs and Border Protection (CBP) modified the Withhold Release Order (WRO) against Natchi Apparel (P) Ltd. garment imports, which was originally issued due to concerns about forced labor compliance. Effective immediately, Natchi Apparel (P) Ltd. shipments will be allowed to enter U.S. commerce. Shipments that have previously been detained will also be released.
CBP released a Cargo Systems Messaging Service stating that on September 13, 2022, there will be a Quota Opening on QB 23-502 2023 Tobacco with a commodity on Tobacco, Chapter 24, Additional U.S. Note 5 through September 12, 2023.
On September 8, 2022, CBP issued a final determination concerning the country of origin of certain SCORE®7T tablets. Based upon the facts presented, CBP has concluded that the country of origin of the SCORE®7T tablets in question is Taiwan for purposes of U.S. Government procurement.

Office of the United States Trade Representative (USTR)

On August 31, 2022, according to the Office of the United States Trade Representative (USTR), the parties to the United States-Mexico-Canada Agreement (USMCA) intend to hold the second meeting of the Environment Committee (Committee) on September 23, 2022. Following the government-to- government Committee meeting, the Committee will hold a virtual public session. The USTR will accept comments on suggestions for topics to be discussed during the Committee meeting, and questions for the public session.
On September 2, 2022, the USTR issues a press release confirming that the 301 tariffs on Lists 1 and 2 would continue. This occurred after representatives of the domestic industries benefiting from the tariff actions requested continuation of the tariffs. The same can be expected when it comes t o Lists 3 and 4A, but their review period has not yet ripened.
In accordance with the U.S.-Australia Free Trade Agreement entered into by the United States and the Commonwealth of Australia and the Harmonized Tariff Schedule of the United States (HTSUS), USTR provided a notice of tariff-rate quota quantity limitations of certain tariff subheadings.
In a notice published on May 5, 2022, USTR announced the first step in the statutory four-year review process of the two actions, as modified, taken under Section 301 in the investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation.

United States Department of the Treasury’s Office of Foreign Assets Control (OFAC)

The Office of Foreign Assets Control (OFAC) is amending, and reissuing in their entirety, the Cyber-Related Sanctions Regulations, 31 C.F.R. part 578. This administrative action replaces the regulations that were published in abbreviated form on December 31, 2015, with a more comprehensive set of regulations that includes additional interpretive and definitional guidance, general licenses, and other regulatory provisions that will provide further guidance to the public.
On September 2, 2022, according to OFAC, G7 Finance Ministers issued a statement confirming their joint intention to implement a price cap with respect to Russian-origin crude oil and petroleum products.
OFAC is publishing two general licenses (GLs) issued in the Russian Harmful Foreign Activities Sanctions Regulations: GLs 38A and 50, each of which was previously made available on OFAC’s website.
OFAC is publishing five general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 40A, 43A, 47, 48, and 49, each of which was previously made available on OFAC’s website.
OFAC is publishing three general licenses (GLs) issued in the Russian Harmful Foreign Activities Sanctions Regulations: GLs 40B, 47A, and 48A, each of which was previously made available on OFAC’s website.
OFAC is publishing four general licenses (GLs) issued in the Russian Harmful Foreign Activities Sanctions program: GLs 8, 8A, and 8B, which were previously issued on OFAC’s website and are now expired, and GL 8C, which was also issued on OFAC’s website and expires December 5, 2022.

United States Department of Commerce (DOC)

The U.S. Department of Commerce (DOC) preliminarily determines that vertical shaft engines with displacements between 60cc and up to 99cc produced in the People’s Republic of China (China) and exported to the United States, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from China.
In accordance with the Federal Advisory Committee Act (FACA), DOC, this notice announces, the United States Investment Advisory Council (IAC) will hold a public meeting on September 29, 2022.
DOC’s Bureau of Economic Analysis (BEA) has made a final ruling amending regulations requiring a renewal of reporting for the BE-120 Benchmark Survey of Transactions in the Selected Services and Intellectual Property with Foreign Persons.
DOC has completed its administrative review of the antidumping duty order on certain cased pencils (cased pencils) from the People’s Republic of China (China) for the period of review (POR) December 1, 2020, through November 30, 2021.
DOC preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) during the period of review (POR), January 1, 2020, through December 31, 2020.
DOC preliminarily finds that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People’s Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR), August 1, 2020, through July 31, 2021.
DOC determines that certain companies under review sold common alloy aluminum sheet (aluminum sheet) from the People’s Republic of China (China) at less than normal value during the period of review (POR) February 1, 2020, through January 31, 2021.
DOC preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021.
DOC preliminarily determines that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG) received countervailable subsidies during the period of review (POR), January 1, 2020, through December 31, 2020.
DOC preliminarily determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made sales of light-walled rectangular pipe and tube from Mexico at less than normal value during the period of review August 1, 2020, through July 31, 2021.
DOC determines that exporters/producers of stainless steel bar (SS Bar) from India made sales at prices below normal value during the period of review (POR) of February 1, 2020, through January 31, 2021.
Pursuant to provisions of the Federal Advisory Committee Act, the DOC announces the renewal of the Civil Nuclear Trade Advisory Committee (CINTAC or “Committee”) and requests nominations for membership.
On August 22, 2022, the DOC published notice in the Federal Register of a negative final determination of subsidies in connection with the subject investigation concerning Thailand (87 FR 51343).

United States International Trade Commission (USITC)

The United States International Trade Commission (USITC) hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701-TA-678 and 731-TA-1584 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of barium chloride from India, provided for in subheading 2827.39.45 of the Harmonized Tariff Schedule of the United States.
On the basis of the record ^[1] developed in the subject five-year review, the USITC determines, pursuant to the Tariff Act of 1930 (“the Act”), that revocation of the antidumping duty order on wooden bedroom furniture from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.

Bureau of Industry and Security (BIS)

On November 17, 2020, according to the Bureau of Industry and Security (BIS), in the U.S. District Court for the District of Arizona, Wei Sun (“Sun”) was convicted of knowingly and willfully exporting from the United States to China, technical data, specifically, two files of computer data contained in an HP Elitebook 840 computer possessed by Sun, controlled under the International Traffic in Arms Regulations and the United State Munitions List without having first obtained from the Department of State a license for such export or written authorization for such export.

White House

According to the Biden administration, the United States tech companies that receive federal funding will be barred from building “advanced technology” facilities in China for 10 years, the Biden administration has said.
According to a statement from White House, while America invented the semiconductor, we currently only produce about 10 percent of the world’s supply. All of this has led to the passage of the CHIPS and Science Act of 2022, designed to tackle the chip shortage with a new approach to bringing chip technology, manufacturing, and innovation to the United States.

United States Court of International Trade (CIT)

On August 25, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Saha Steel Pipe Public Company, Ltd v. United States, Court No. 20-00133, Slip Op. 22-99 ( Saha Steel), sustaining the Department of Commerce (DOC)’s final results of redetermination pertaining to the scope ruling for the antidumping duty (AD) order on circular welded carbon steel pipes and tubes (CWP) from Thailand.

If you have questions about these updates, contact our Diaz Trade Law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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UFLPA DHS Forced Labor Guidance – What Importers Need to Know

Jennifer Diaz — Tue, 28 Jun 2022 16:24:11 +0000

On June 17, 2022, DHS published its long-awaited strategy guidance document which shed light on how UFLPA will be implemented, and what evidence may be provided to rebut the presumption that the goods were made with forced labor. This article provides an overview of the type of evidence importers should have readily available when importing goods into the United States. For general guidance on preventing the importation of goods produced with forced labor and how importers should audit their supply chain to ensure non-use of forced labor, please refer to our Bloomberg Law article, “U.S. Customs Targets Use of Forced Labor”.

UFLPA

The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Province of China or by an entity on the UFLPA Entity List are prohibited from importation into the United States under 19 U.S.C. § 1307. However, if an Importer of Record can demonstrate by clear and convincing evidence that the goods in question were not produced wholly or in part by forced labor, fully respond to all CBP requests for information about goods under CBP review and demonstrate that it has fully complied with the guidance outlined in this strategy, the Commissioner of CBP may grant an exception to the presumption.

Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, and generally means that a claim or contention is highly probable. See e.g., Colorado v. New Mexico, 467 U.S. 310 (1984) (a forced labor case holding that complainant did not meet “clear and convincing” burden of proof because it failed to show that the evidence is highly and substantially more likely to be true than untrue; rather, the fact finder must be convinced that the contention is highly probable).

CBP will employ a risk-based approach, dynamic in nature, that prioritizes the highest-risk goods based on current data and intelligence. Currently the highest-risk goods include those imported directly from Xinjiang into the United States and from entities on the UFLPA Entity List. CBP will also prioritize illegally transshipped goods with inputs from Xinjiang, as well as goods imported into the United States by entities that, although not located in Xinjiang, are related to an entity in Xinjiang (whether as a parent, subsidiary, or affiliate) and likely to contain inputs from that region.

Below is a list of high-priority sectors for enforcement:

Apparel
Cotton and Cotton products
Silica-Based Products (including polysilicon)

Silica is a raw material that is used to make aluminum alloys, silicon, and polysilicon, which is then used in buildings, automobiles, petroleum, concrete, glass, ceramics, sealants, electronics, solar panels, and other goods.

Tomatoes and downstream products

In addition for general guidance on how CBP will be implementing the UFLPA, please refer to our prior article “Uyghur Forced Labor Prevention Act (UFLPA): What You Need To Know.”

DHS Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the PRC.

On June 17, 2022, per statutory requirement , the U.S. Department of Homeland Security (DHS) published the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People’s Republic of China. The purpose of this publication is to provide guidance as to how the UFLPA will be implemented, and how it plans to prevent the importation of goods made with forced labor to enter into the United States. Below is a summarized guidance for importers with recommendations and guidance as to what evidence importers may provide to rebut the presumption that the goods were made with forced labor under the UFLPA as mentioned by DHS’ June 17, 2022 and earlier guidance published on June, 13, 2022 by CBP of evidence required. The guidance for importers provided information on three topics:

1) Due Diligence,

2) Supply Chain Tracing, and

3) Supply Chain Management

What does due diligence mean?

DHS stated that for purposes of the guidance, due diligence includes assessing, preventing, and mitigating forced labor risk in the production of goods imported into the United States. An example of effective due diligence, may include the following elements:

Engage stakeholders and partners
Conduct a Forced Labor Risk Assessment
Develop a written code of conduct

To perform a forced labor risk assessment, importers map their supply chains to identify any steps within the chain at risk of using Forced Labor. Such factors used to determine whether a risk exists are, but not limited to:

Origin of imported goods or any raw materials or components in the imported good.
Transactions among entities along the supply chain tied to the specific imported goods.
Locations and identities of entities in the supply chain.

A written code of conduct should provide a framework on how you address the risk of forced labor in you supply chain. In addition, DHS recommends the written code of conduct be incorporated into supplier contracts. We separately recommend that you include your conditions on your purchase order as well.

Importantly, DHS noted that for supply chains that touch the Xinjiang or involve entities that use labor transferred from Xinjiang, the code of conduct MUST explicitly forbid the use of forced labor. Furthermore, as mentioned in our prior DTL post “U.S. Customs Targets Use of Forced Labor ,” importers should review the DOL’s Comply Chain principles and create a compliance system as a business practice.

What Does it Mean to have an Effective Supply Chain Tracing System?

DHS has defined supply chain tracing, as the ability to demonstrate chain of custody of goods and materials from the beginning of the supply chain to the buyer of the finished product. An effective Supply Chain Tracing system is one that identifies who their suppliers are and labor sources at all levels of the supply chain system. Generally, there are three common practices importers may engage in for effective supply chain tracing:

Mapping: Importers should be able to map out their entire supply chain, including suppliers of raw materials used in the production of the imported good or material. Mapping allows the importers to identify who is doing the work at each step in the process of the supply chain and under which conditions the work is being done.
Identity preservation: This requires importers to preserve each product input to be packaged, processed, and traced separately from other product inputs or modifications throughout the supply chain. However, under this method product inputs are not allowed to be commingled at any point in the supply chain.
Segregation: This approach allows importers to commingle inputs, as long as each input to be commingled is fully traced and documented. It is essential to demonstrate that the inputs are free of forced labor prior to commingling. As an example, importers should have readily available evidence that indicates the source of each component of the good and documents showing how the imported goods was made from raw materials to finished good, by what entity, and where.

Supply Chain Management Measures

Importers should also have Supply Chain Management Measures in place, that reflects the measures taken to prevent and mitigate identified risks of forced labor. DHS identified that effective measures include:

Having a process to vet potential suppliers for forced labor prior to entering a contract with them; requiring that supplier contracts necessitate corrective action by the supplier if forced labor is identified in the supply chain; and
Outlining the consequences if corrective action is not taken, such as termination of the contractual relationship.
Having access to documentation, personnel, and workers for verification of the absence of forced labor indicators, including at the recruitment stage.

DHS noted as well that, under 18 U.S.C. Section 1589 (b), failure to take appropriate remedial action could expose an importer to potential criminal liability if the importer continues to benefit, financially or by receiving anything of value, from participating in a venture engaged in forced labor, while knowing of or recklessly disregarding the forced labor.

For additional guidance as to the type and nature of evidence that CBP will require if the goods are subject to the UFLPA, please refer to the following:

Contact Us

Diaz Trade Law has significant experience in a broad range of import compliance matters including forced labor issues. For assistance with importer due diligence in relation to forced labor requirements; or for assistance in submitting documents to dispute the use of forced labor, contact our Customs and International trade law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

Big News! 352 of 549 Proposed China Tariff Exclusions Reinstated

Jennifer Diaz — Wed, 23 Mar 2022 23:27:21 +0000

On March 23, 2022, the U.S. Trade Representative (“USTR”) announced that 352 of the 549 proposed exclusions have been reinstated. The reinstated product exclusions will apply as of October 12, 2021, and extend through December 31, 2022. For a full list of reinstated exclusions, please see this Federal Register announcement.

On October 8, 2021, USTR invited comments on whether to reinstate 549 previously granted and extended exclusions. This recent determination was a result of USTR’s review of public comments regarding whether and which of the proposed exclusions should be reinstated.

Diaz Trade Law filed comments on behalf of several clients who have had their exclusions reinstated. Are your products on the list of exclusions that were reinstated? Do you have questions about navigating Section 301 China tariffs? We are here for you! Diaz Trade Law has significant experience working on Section 301 exclusions. Contact us today at info@diaztradelaw.com.

A list of all the exclusions can be found below:

A. Effective with respect to good entered for consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight time on October 12, 2021, and before
11:59 p.m. eastern daylight time on December 31, 2022, subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States (HTSUS) is modified:
1. by inserting the following new heading 9903.88.67 in numerical sequence, with the
material in the new heading inserted in the columns of the HTSUS labeled
“Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”,
respectively:
Heading/Subheading: 9903.88.67

Article Description: Effective with respect to entries on or after
October 12, 2021 and through December 31,
2022, articles the product of China, as
provided for in U.S. note 20(ttt) to this
subchapter, each covered by an exclusion
granted by the U.S. Trade Representative………………..

Rates of Duty:
1 General: The duty provided in the applicable subheading”

2. by inserting the following new U.S. note 20(ttt) to subchapter III of chapter 99 in
numerical sequence:
“(ttt)(i) The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) to
this subchapter could be excluded from the additional duties imposed by heading 9903.88.01.
See 83 Fed. Reg. 40823 (August 16, 2018) and 83 Fed. Reg. 47326 (September 18, 2018).
Pursuant to the product exclusion process, the U.S. Trade Representative has determined that,
as provided in heading 9903.88.67, the additional duties provided for in heading 9903.88.01
shall not apply to the following particular products, which are provided for in the enumerated
statistical reporting numbers

8412.21.0045
8481.10.0090
8483.50.9040
8525.60.1010
8607.21.1000
9030.90.4600
Direct acting and spring return pneumatic actuators, each rated at a maximum pressure of 10 bar and valued over $68 but not over $72 per unit (described in statistical reporting number 8412.39.0080)
Centrifugal pumps, submersible, other than for use with machines for making cellulosic pulp, paper or paperboard; the foregoing pumps rated not over 1.5 KW (described in statistical reporting number 8413.70.2004)
Breast pumps, whether or not with accessories or batteries (described in statistical reporting number 8413.81.0040)
Housings for water pumps of subheading 8413.30.90 (as described in subheading 8413.91.9010)
Pump casings and bodies (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump covers (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Pump parts, of plastics, each valued not over $3 (described in statistical reporting number 8413.91.9080 prior to January 1, 2019; described in statistical reporting number 8413.91.9095 effective January 1, 2019 through December 31, 2019; described in statistical reporting number 8413.91.9085 or 8413.91.9096 effective January 1, 2020)
Compressors, other than screw type, used in air conditioning equipment in motor vehicles, each valued over $88 but not over $92 per unit (described in statistical reporting number 8414.30.8030)
Rotary compressors, each exceeding 746 W but not exceeding 2,238 W, with a cooling capacity ranging from 2.3 kW to 5.5 kW (described in statistical reporting number 8414.30.8060)
Solar water heaters incorporating glass tube heat collectors and including glass tubes and stands with tanks (described in statistical reporting number 8419.19.0040 prior to January 27, 2022; described in statistical reporting number 8419.12.0000 effective January 27, 2022)
Heat exchanger plates, cores, finned tubes, cones, shells, bonnets, flanges and baffles (described in statistical reporting number 8419.90.3000)
Thermal roll laminators, each valued not over $450 (described in statistical reporting number 8420.10.9040)
Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080)
Roller machines with dies for embossing paper, manually powered (described in statistical reporting number 8420.10.9080)
Chemically etched dies of steel, steel-rule cutting dies, movable magnetic dies, embossing folders and plastic embossing diffusers, of a kind used in manually-powered 7 roller machines for etching or stenciling a single sheet of cardstock, paper, leather, flexible magnet, plastics, metallic foil, vellum, felt or fabric, such sheets measuring not more than 50.8 cm in width or length (described in statistical reporting number 8420.99.9000)
Cutting pads, platforms, base plates, pads, shims, trays, which function as guides for hand-operated table-top calendering machines of a width not exceeding 51 cm (described in statistical reporting number 8420.99.9000)
Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000)
Hand-held ultraviolet water purifiers, powered by batteries (described in statistical reporting number 8421.21.0000)
Machinery for filtering water, submersible, powered by batteries, manually operated, such machinery designed for use in pools, basins, aquariums, spas or similar contained bodies of water (described in statistical reporting number 8421.21.0000)
Filters designed to remove sulfites from wine (described in statistical reporting number 8421.22.0000)
Air purification equipment, electrically powered, weighing less than 36 kg (described in statistical reporting number 8421.39.8015 prior to January 27, 2022; described in statistical reporting number 8421.39.0115 effective January 27, 2022)
Filter housings, covers, or couplings, the foregoing of steel and comprising parts of machinery or apparatus for filtering liquids (described in statistical reporting number 8421.99.0040 prior to January 27, 2022; described in statistical reporting number 8421.99.0140 effective January 27, 2022)
Parts of swimming pool vacuum cleaners (described in statistical reporting number 8421.99.0040 prior to January 27, 2022; described in statistical reporting number 8421.99.0140 effective January 27, 2022)
Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number 8425.39.0100)
Garage door opener/closers (described in statistical reporting number 8428.90.0290 prior to January 27, 2022; described in statistical reporting number 8428.90.0390 effective January 27, 2022)
Pile drivers, diesel powered (described in statistical reporting number 8430.10.0000)
Counterweight castings of iron or steel designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000)
Tines, carriages, and other goods handling apparatus and parts designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000)
Welded frames designed to support conveyor rollers (described in statistical reporting number 8431.39.0010)
Vulcanized rubber tracks, each incorporating cords and cleats of steel, designed for use on construction equipment (described in statistical reporting number 8431.49.9095)
Animal feeding machinery (described in statistical reporting number 8436.80.0090)
Parts of animal feeding machinery (described in statistical reporting number 8436.99.0090)
Automated data processing storage units (other than magnetic disk drive units), not assembled in cabinets for placing on a table or similar place, not presented with any other unit of a system (described in statistical reporting number 8471.70.6000)
Reject doors, pin protectors, liners, front walls, grates, hammers, rotor and end disc caps, and anvil and breaker bars, of iron or steel, the foregoing parts of metal shredders (described in statistical reporting number 8479.90.9496 prior to January 27, 2022; described in statistical reporting number 8479.90.9596 effective January 27, 2022)
Ball type angle cock valve bodies, of cast iron, for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)
Valve bodies, of aluminum, of valves for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)
Angle cock handle assemblies, of iron and steel, each measuring 11.43 cm by 21.59 cm by 5.08 cm and weighing 0.748 kg (described in statistical reporting number 8481.90.9040)
Armatures designed for use in hydraulic solenoid valves (described in statistical reporting number 8481.90.9040)
C-poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
Metering spools, of aluminum, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
Pipe brackets of aluminum, each with 4 ports, the foregoing measuring 27.9 cm x 20.3 cm x 17.8 cm and weighing 11.34 kg, designed for installation into air brake control valves (described in statistical reporting number 8481.90.9040)
Poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
Push pins, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
Retainers, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
Coupling covers, including center members, flanged hubs, sleeves and shoes (described in statistical reporting number 8483.90.8010)
Electric motors, AC, permanent split capacitor type, not exceeding 16 W (described in statistical reporting number 8501.10.4020)
DC electric motors, of an output of less than 18.65 W, other than brushless, measuring less than 38 mm in diameter (described in statistical reporting number 8501.10.4060)
DC motors, of an output exceeding 37.5 W but not exceeding 74.6 W, valued over $2 but not over $30 each (described in statistical reporting number 8501.31.2000)
DC motors, electronically commutated, three-phase, eight-pole of a kind used in HVAC systems, of an output of 750 W, valued not over $100 each (described in statistical reporting number 8501.31.6000)
AC motors, multi-phase, of rolled steel frame construction (described in statistical reporting number 8501.51.4040)
AC motors, multi-phase, of an output of 186.5 kW or more but not exceeding 373 kW, having a cast iron frame construction (described in statistical reporting number 8501.53.8040)
AC multi-phase motors, each of an output exceeding 300 kW but not exceeding 310 kW, fitted with pulleys and brakes to raise and lower passenger elevators (described in statistical reporting number 8501.53.8040)
Regenerative speed drive controllers for controlling speed of electric motors for elevators (described in statistical reporting number 8504.40.4000)
Speed drive controllers for electric motors, each such controller measuring 100 mm or more but not over 130 mm in length, 40 mm or more but not over 125 mm in width and 24 mm or more but not over 85 mm in height (described in statistical reporting number 8504.40.4000)
Dual layer printed circuit board assemblies, each valued over $30 but not over $35 (described in statistical reporting number 8504.90.7500)
Structural components for industrial furnaces (described in statistical reporting number 8514.90.8000)
Aluminum electrolytic capacitors, each valued not over $3.20 (described in statistical reporting number 8532.22.0085)
Rotary switches, rated at over 5 A, measuring not more than 5.5 cm by 5.0 cm by 3.4 cm, each with 2 to 8 spade terminals and an actuator shaft with D-shaped cross section (described in statistical reporting number 8536.50.9025)
Rotary switches, single pole, single throw (SPST), rated at over 5 A, each measuring not more than 14.6 cm by 8.9 cm by 14.1 cm (described in statistical reporting number 8536.50.9025)
Modular light switches, for a voltage not exceeding 1,000 V, presented in polyethylene terephthalate (PET) housings, designed for use with a backplate (described in statistical reporting number 8536.50.9065)
Switches designed for use in motor vehicles, driver or passenger activated (described in statistical reporting number 8536.50.9065)
Coaxial connectors, for a voltage not exceeding 1,000 V, valued over $0.20 but not over $0.30 each (described in statistical reporting number 8536.69.4010)
Butt splice connectors, for a voltage not exceeding 1,000 V, each valued not over $3 (described in statistical reporting number 8536.90.4000)
Ring terminals, for a voltage not exceeding 1,000 V (described in statistical reporting number 8536.90.4000)
Twist-on wire connectors, for a voltage not exceeding 1,000 V, each valued not over $0.03 (described in statistical reporting number 8536.90.4000)
Zinc anodes for use with machines and apparatus for electroplating, electrolysis or electrophoresis (described in statistical reporting number 8543.30.9080)
Stereoscopic microscopes, not provided with a means for photographing the image, valued not over $500 per unit (described in statistical reporting number 9011.10.8000)
Adapter rings, tubes and extension sleeves, stands and arm assemblies, stages and gliding tables, eyeguards and focusing racks, all the foregoing designed for use with compound optical microscopes (described in statistical reporting number 9011.90.0000)
Depth-sounding apparatus, each valued not over $50 (described in statistical reporting number 9014.80.2000)
Weather station sets, each consisting of a monitoring display and outdoor weather sensors, having a transmission range of not over 140 m and valued not over $50 per set (described in statistical reporting number 9015.80.8080)
Bismuth germanate crystals with set dimensional and surface finish requirements and used as a detection element in Positron Emission Tomography (PET) detectors (described in statistical reporting number 9018.19.9560)
Parts and accessories of capnography monitors (described in statistical reporting number 9018.19.9560)
Electrosurgical cautery pencils with electrical connectors (described in statistical reporting number 9018.90.6000)
Combined positron emission tomography/computed tomography (PET/CT) scanners which utilize multiple PET gantries (frames) on a common base (described in statistical reporting number 9022.12.0000)
Radiation therapy systems, each encased by steel-based structural shell with gantry cover comprising three pairs of plastics-based panels (described in statistical reporting number 9022.14.0000)
X-ray tables (described in statistical reporting number 9022.90.2500)
X-ray tube housings and parts thereof (described in statistical reporting number 9022.90.4000)
Multi-leaf collimators of radiotherapy systems based on the use of X-ray (described in statistical reporting number 9022.90.6000)
Printed circuit board assemblies, of a kind designed for use in X-ray apparatus (described in statistical reporting number 9022.90.6000)
Vertical stands specially designed to support, contain or adjust the movement of X-ray digital detectors, or the X-ray tube and collimator in complete X-ray diagnostic systems (described in statistical reporting number 9022.90.6000)
Inoculator sets of plastics, each consisting of a plate with multiple wells, a display tray, and a lid; when assembled, the set measuring 105 mm or more but not exceeding 108 mm in width, 138 mm or more but not exceeding 140 mm in depth, and 6.5 mm or less in thickness (described in statistical reporting number 9027.90.5650)
Thermostats designed for air conditioning or heating systems, not designed to connect to the internet, the foregoing designed for wall mounting (described in statistical reporting number 9032.10.0030)
Battery balancers designed for regulating voltage across batteries, other than for 6, 12 or 24 volt systems (described in statistical reporting number 9032.89.4000)

(ii) The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.02 and provided for in U.S. notes 20(c) and 20(d) to
this subchapter could be excluded from the additional duties imposed by heading 9903.88.02.
See 83 Fed. Reg. 40823 (August 16, 2018) and 83 Fed. Reg. 47326 (September 18, 2018).
Pursuant to the product exclusion process, the U.S. Trade Representative has determined that,
as provided in heading 9903.88.67, the additional duties provided for in heading 9903.88.02
shall not apply to the following particular products, which are provided for in the enumerated
statistical reporting numbers:

Acrylic acid-2-acrylamido-2-methylpropanesulfonic acid-acrylic ester
(AA/AMPS/HPA) terpolymers, presented in dry form (described in statistical reporting
number 3906.90.5000)
Electrical tape of polyvinyl chloride, in rolls, measuring not more than 2 cm in width, not more than 20.2 m in length, and not more than 0.18 mm in thickness (described in statistical reporting number 3919.10.2020)
Transparent tape of plastics with an acrylic emulsion adhesive, in rolls measuring not over 4.8 cm in width, valued not over $.25 per square meter (described in statistical reporting number 3919.10.2030)
Rolls of polyethylene film coated with a solvent acrylic adhesive (described in statistical reporting number 3919.10.2055)
Polyethylene film, 20.32 to 198.12 cm in width, and 30.5 to 2000.5 m in length, coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not printed, in rolls (described in statistical reporting number 3919.90.5040 or 3919.90.5060)
Rolls of polyvinyl chloride, measuring 2.5 cm or more but not exceeding 5.1 cm in width and 182.9 m in length (described in statistical reporting number 3920.43.5000)
Films coated on one or both sides with polyvinylidene chloride (PVdC) or polyvinyl alcohol (PVOH), whether or not having a primer layer between the base and coating; any of the foregoing having a total thickness greater than 0.01 mm but not greater than 0.03 mm (described in statistical reporting number 3920.62.0090)
Printed film of polyvinyl chloride, laminated with foamed-polyvinyl chloride-coated polyester scrim, in rolls, of a kind used for lining shelves or drawers (described in statistical reporting number 3921.12.1100)
Sheets and strips consisting of both cross-linked polyethylene and ethylene vinyl acetate, of a width greater than 1 m but not greater than 1.5 m, and a length greater than 1.75 m but not greater than 2.6 m (described in statistical reporting number 3921.19.0000)
Gas (natural or liquid propane (LP)) engines each having a displacement of more than 2 liters but not more than 2.5 liters (described in statistical reporting number 8407.90.9010)
Dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump, each article weighing not more than 3 kg (described in statistical reporting number 8424.89.9000)
Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060)
AC motors, of 18.65 W or more but not exceeding 37.5 W, each with attached actuators, crankshafts or gears (described in statistical reporting number 8501.10.6020)
Electric motors, with an output of 18.65 W or more but not exceeding 37.5 W, with attached cables, designed for use in adjusting motor vehicle seats (described in statistical reporting number 8501.10.6080)
DC electric motors, 12 V, with an output exceeding 74.6 W but not exceeding 735 W, with lead wires and electrical connector, measuring not over 75 mm outside diameter, with a housing not over 100 mm in length and a shaft not over 60 mm in length (described in statistical reporting number 8501.31.4000)
DC electric motors, 230 V, with an output not exceeding 140 W, measuring not more than 45 mm in diameter and not over 100 mm in length (described in statistical reporting number 8501.31.4000)
DC electric motors, 24 V, with an output not exceeding 515 W, measuring not over 95 mm in outside diameter, not over 155 mm in length and with a shaft not over 30 mm in length (described in statistical reporting number 8501.31.4000)
DC electric motors, with an output exceeding 74.6 W but not exceeding 735 W, containing lead wires and an electrical connector (described in statistical reporting number 8501.31.4000)
DC motors with a power output exceeding 74.6 W but not exceeding 230 W, measuring less than 105 mm in diameter and 50 mm or more but not over 100 mm in length (described in statistical reporting number 8501.31.4000)
DC motors, of an output exceeding 74.6 W but not exceeding 735 W, each valued not over $18 (described in statistical reporting number 8501.31.4000)
Ground Fault Circuit Interrupters (GFCIs), Appliance Leakage Current Interrupters (ALCIs), Leakage Current Detection Interrupters (LCDIs), and Arc Fault Circuit Interrupters (AFCIs) (described in statistical reporting number 8536.30.8000)
Electronic AC passive infrared (PIR) motion sensing switches (described in statistical reporting number 8536.50.7000)
Position or speed sensors for motor vehicle transmission systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
Wheel speed sensors for anti-lock motor vehicle braking systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
Apparatus using passive infrared detection sensors designed for turning lights on and off (described in statistical reporting number 8543.70.9960 prior to January 27, 2022; described in statistical reporting number 8543.70.9860 effective January 27, 2022)
Liquid leak detectors (described in statistical reporting number 8543.70.9960 prior to January 27, 2022; described in statistical reporting number 8543.70.9860 effective January 27, 2022)
Robots, programmable, measuring not more than 40 cm high by 22 cm wide by 27 cm deep, incorporating an LCD display, camera and microphone but without “hands” (described in statistical reporting number 8543.70.9960 prior to January 27, 2022; described in statistical reporting number 8543.70.9860 effective January 27, 2022)
Monopolar conductors for a voltage exceeding 1,000 V, other than of copper and not fitted with connectors (described in statistical reporting number 8544.60.6000)
Follower block plates, designed for use with buffering/cushioning systems of freight railcars of heading 8606 (described in statistical reporting number 8607.30.1000)
Motorcycles (including mopeds), with reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc, valued not over $500 each (described in statistical reporting number 8711.10.0000)
Motorcycles with electric power for propulsion, each of a power not exceeding 1,000 W (described in statistical reporting numbers 8711.60.0050 or 8711.60.0090, effective July 1, 2019; described in statistical reporting number 8711.60.0000, effective prior to July 1, 2019)
Digital clinical thermometers (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 effective July 1, 2020)
Digital clinical thermometers, valued not over $11 each (described in statistical reporting number 9025.19.8040 prior to July 1, 2020; described in statistical reporting number 9025.19.8010 or 9025.19.8020 effective July 1, 2020)
Portable, wireless enabled, electrical gas monitors (described in statistical reporting number 9027.10.2000)

(iii) The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.03 and provided for in U.S. notes 20(e) and 20(f) to
this subchapter could be excluded from the additional duties imposed by heading 9903.88.03,
and by which particular products classified in heading 9903.88.04 and provided for in U.S.
note 20(g) to this subchapter could be excluded from the additional duties imposed by
heading 9903.88.04. See 83 Fed. Reg. 47974 (September 21, 2018) and 84 Fed. Reg. 29576
(June 24, 2019). Pursuant to the product exclusion process, the U.S. Trade Representative has
determined that, as provided in heading 9903.88.67, the additional duties provided for in
heading 9903.88.03 or in heading 9903.88.04 shall not apply to the following particular
products, which are provided for in the enumerated statistical reporting numbers:

0304.72.5000
0304.83.1015
0304.83.1020
0304.83.5015
0304.83.5020
0304.83.5090
3923.21.0095
3926.20.9050
5603.12.0090
5603.14.9090
5603.92.0090
5603.93.0090
6505.00.8015
8424.90.9080
8425.31.0100
8708.50.8500
8712.00.1510
8712.00.1520
8712.00.1550
Alaskan sole (yellowfin, rock or flathead), frozen in blocks, in cases with net weight of more than 4.5 kg (described in statistical reporting number 0304.83.5015)
King crab meat, frozen in blocks each weighing at least 1 kg but not more than 1.2 kg, in airtight containers (described in statistical reporting number 1605.10.2010)
Snow crab meat (C. opilio), frozen in blocks, in airtight containers each with net weight of not more than 1.2 kg (described in statistical reporting number 1605.10.2022)
Dungeness crab meat, frozen in blocks, in airtight containers with net weight of not more than 1.2 kg (described in statistical reporting number 1605.10.2030)
Crab meat (other than King crab, Snow crab, Dungeness or swimming crabs), frozen in blocks, in airtight containers with net weight of not more than 1.5 kg (described in statistical reporting number 1605.10.2090)
Sodium adipate (1,4-butanedicarboxylic acid, disodium salt) (IUPAC name: disodium hexanedioate) (CAS No. 7486-38-6) (described in statistical reporting number 2917.12.5000)
1-Cyanoguanidine (Dicyandiamide) (CAS No. 461-58-5) (described in statistical reporting number 2926.20.0000)
N-(n-Butyl)thiophosphoric triamide (IUPAC name: N-Diaminophosphinothioylbutan1-amine) (CAS No. 94317-64-3) (described in statistical reporting number 2929.90.5090)
Artificial graphite, in powder form (described in statistical reporting number 3801.10.5000)
Artificial graphite, in powder or flake form, for manufacturing into the lithium-ion anode component of batteries (described in statistical reporting number 3801.10.5000)
Natural graphite, in powder form (described in statistical reporting number 3801.90.0000)
Herbicide consisting of 1,1′-dimethyl-4,4′-bipyridinium dichloride (CAS No. 1910-42- 5) (Paraquat concentrate in liquid form) up to 45 percent concentration with application adjuvants (described in statistical reporting number 3808.93.1500)
Supported nickel-based catalysts, of a kind used for methanation, desulfurization, hydrogenation, pre-reforming or reforming of organic chemicals or for protection of hydrotreating catalysts from arsine poisoning (described in statistical reporting number 3815.11.0000)
Plate-type supported catalysts (reaction accelerators) for reduction of nitrous oxides (NOx) with enhanced mercury oxidation, with oxides of base metals being the active substances, applied to a stainless steel mesh (described in statistical reporting number 3815.19.0000)
Plate-type supported catalysts (reaction accelerators) for reduction of nitrous oxides (NOx), with base metals being the active substances, applied on a titanium dioxide based ceramic material to a stainless steel mesh (described in statistical reporting number 3815.19.0000)
Supported catalysts for polymerization (described in statistical reporting number 3815.19.0000)
Supported catalysts of cuprous oxide and zinc oxide as the active ingredients for arsine removal (described in statistical reporting number 3815.19.0000)
Supported catalysts with copper carbonate or zinc carbonate as the active ingredients for low temperature desulfurization (described in statistical reporting number 3815.19.0000)
Supported catalysts with metal sulfide as the active substance for mercury removal (described in statistical reporting number 3815.19.0000)
Supported catalysts with molybdenum compounds as the active substance for hydrogenation (described in statistical reporting number 3815.19.0000)
Supported catalysts with zinc oxide absorbent as the active substance (described in statistical reporting number 3815.19.0000)
Mixtures containing N,Ndimethyldodecan-1-amine (CAS No. 112-18-5) and N,Ndimethyltetradecan-1-amine (CAS No. 112-75-4) (described in statistical reporting number 3824.99.9297 prior to January 27, 2022; described in 3824.99.9397 effective January 27, 2022)
Mixtures of hydrofluorocarbons, containing 40 to 44 percent by weight of 1,1,1,2- tetrafluoroethane (CAS No. 811-97-2), 56 to 60 percent by weight of pentafluoroethane (CAS No. 354-33-6) and up to 2 percent by weight of lubricating oil (described in statistical reporting number 3824.78.0020 prior to January 27, 2022; described in statistical reporting number 3827.62.0000 effective January 27, 2022)
Refrigerant gas R-421B, comprising mixtures containing at least 83 percent but not more than 87 percent by weight of pentafluoroethane, at least 13 percent but not more than 17 percent by weight of 1,1,2,2-tetrafluoroethane, and at least 0.5 percent but not more than 2 percent by weight of lubricant (described in statistical reporting number 3824.78.0020 prior to January 27, 2022; described in statistical reporting number 3827.62.0000 effective January 27, 2022)
Injection molded polypropylene plastic caps or lids each weighing not over 24 grams designed for dispensing wet wipes (described in statistical reporting number 3923.50.0000)
One-piece stoppers, of polypropiolactone (“PPL”) or polylactic acid (“PLA”) polymers, each comprising a disc-shaped top attached to a rounded, tapered plug with a protruding stirrer, measuring at least 55 mm but not more than 120.7 mm in overall length, and weighing at least 0.6 g but not more than 1.1 g each, of a kind used with lids for beverage containers (described in statistical reporting number 3923.50.0000)
Endless synchronous belts of vulcanized rubber, molded polyurethane, neoprene, or welded urethane, each of an outside circumference of 60 cm or more but not more than 77 cm and a width of 2.5 cm or more but not exceeding 4 cm, weighing 0.18 kg or more but not exceeding 0.45 kg (described in statistical reporting number 4010.35.9000)
Messenger bags of polyester, each measuring not more than 50 cm by 38 cm by 11 cm, weighing not more than 2.5 kg (described in statistical reporting number 4202.12.8130)
Backpacks with hydration system, each measuring not more than 51 cm by 28 cm by 9 cm, weighing not more than 1 kg (described in statistical reporting number 4202.92.0400)
Backpacks with outer surface of textile materials of man-made fibers, each measuring at least 35 cm but not more than 75 cm in height, at least 19 cm but not more than 34 cm in width, and at least 5 cm but not more than 26 cm in depth (described in statistical reporting number 4202.92.3120)
Duffel bags made predominantly of man-made fibers, each measuring not more than 98 cm by 52 cm by 17 cm, weighing not more than 7 kg, with wheels (described in statistical reporting number 4202.92.3131)
Duffel bags of polyester, each measuring not more than 81 cm by 39 cm by 11 cm, weighing not more than 7 kg (described in statistical reporting number 4202.92.3131)
Covers, of leather, designed for use with telecommunication devices (described in statistical reporting number 4205.00.8000)
Plates, bowls or cups of molded or pressed bamboo pulp, each weighing at least 3 g but not more than 92 g (described in statistical reporting number 4823.70.0020)
Clamshell containers, pizza pans, lids, compartmentalized and other trays of molded or pressed bamboo pulp, each weighing at least 3 g but not more than 95 g (described in statistical reporting number 4823.70.0040)
Silk fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, the foregoing not printed, not jacquard woven, measuring over 127 cm in width (described in statistical reporting number 5007.20.0065)
Silk fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, the foregoing not printed, not jacquard woven, measuring 107 cm or more but not over 127 cm in width (described in statistical reporting number 5007.20.0085)
Yarn of cashmere or camel hair, carded but not combed, not put up for retail sale (described in statistical reporting number 5108.10.8000)
Woven dyed fabrics of 100 percent textured polyester filament yarn, measuring 332.7 cm in width, weighing more than 170 g/m² (described in statistical reporting number 5407.52.2060)
Woven fabric of 100 percent textured polyester filaments, dyed, weighing more than 170 g/m², measuring not more than 310 cm in width (described in statistical reporting number 5407.52.2060)
Woven fabric of synthetic filament yarn containing 85 percent or more by weight of textured polyester filaments, dyed, measuring 249 cm in width, weighing more than 170 g/m² (described in statistical reporting number 5407.52.2060)
Woven dupioni fabric wholly of non-textured dyed polyester filaments, weighing not more than 170 g/m², measuring not more than 310 cm in width (described in statistical reporting number 5407.61.9930)
Woven fabric wholly of polyester, dyed, not flat, containing non-textured polyester filaments, weighing not more than 170 g/m², measuring not over 310 cm in width (described in statistical reporting number 5407.61.9930)
Woven fabric wholly of polyester, dyed, containing non-textured polyester filaments, weighing more than 170 g/m², measuring not over 310 cm in width (described in statistical reporting number 5407.61.9935)
Woven fabric containing by weight 47 percent of nylon and 53 percent of polyester, dyed, containing textured filaments, weighing not more than 170 g/m², measuring greater than 274 cm in width (described in statistical reporting number 5407.72.0015)
Polyester filament tow, measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.20.0000)
Polypropylene fiber tow, measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.40.0000)
Woven dyed fabrics wholly of spun polyester, weighing more than 240 g/m² and measuring not more than 310 cm in width (described in statistical reporting number 5512.19.0090)
Non-woven fabrics of polyethylene terephthalate (PET), in sheets measuring not more than 160 cm by 250 cm, weighing more than 1,800 g/m² but not more than 3,000 g/m² (described in statistical reporting number 5603.94.9090)
Rugs of hand-knotted pile, of nylon and polypropylene, measuring at least 1.2 m2 (described in statistical reporting number 5701.90.1010)
Woven dyed embroidery fabrics containing by weight 55 percent of polyester and 45 percent of nylon, weighing less than 115 g/m² and measuring 289 cm in width (described in statistical reporting number 5810.92.9080)
Long pile knit fabrics, of acrylic pile on polyester ground, valued not over $16 per m2 (described in statistical reporting number 6001.10.2000)
Knitted or crocheted fabrics of artificial staple fibers derived from bamboo (described in statistical reporting number 6003.40.6000)
Sandstone known as brown wave, of a kind used in outdoor living spaces, containing one textured side and up to four chiseled edges with a density of 2,750 kg/m3 (described in statistical reporting number 6802.99.0060)
Sandstone with a flamed finish on one side and a length of 200 mm or more but not over 3,100 mm, a width of 100 mm or more but not over 1,380 mm and a thickness of 30 mm or more but not over 180 mm (described in statistical reporting number 6802.99.0060)
Grinding beads of yttria-stabilized zirconia (described in statistical reporting number 6909.11.2000)
Screen protectors of tempered safety glass, transparent, cut, and treated, with adhesive on one side, in rectangular sheets, each weighing at least 6 g but not more than 77 g, each measuring not less than 2.8 cm but not more than 28 cm in height, not less than 1.9 cm but not more than 21 cm in width, and not more than 0.1 cm in thickness (described in statistical reporting number 7007.19.0000)
Sheets of tempered safety glass, coated with silicone oxide, having a surface area of less than 2.5 m2, designed to be placed over solar cell panels for protection from external damage (described in statistical reporting number 7007.19.0000)
Rear-view mirrors of convex glass for motor vehicles, each measuring not less than 1.75 mm and not more than 2.4 mm in thickness, not less than 125 mm and not more than 210 mm in length, not less than 97 mm and not more than 180 mm in width, weighing not less than 74 g and not more than 188 g (described in statistical reporting number 7009.10.0000)
Rear-view mirrors of flat glass for motor vehicles, each measuring not less than 1.75 mm but not more than 2.4 mm in thickness, not less than 163 mm but not more than 210 mm in length, not less than 107 mm but not more than 167 mm in width and weighing not less than 80 g but not more than 188 g (described in statistical reporting number 7009.10.0000)
Tiles of non-recycled glass on a vinyl mesh backing, in a grid pattern of not less than 304 mm by 304 mm and not exceeding 305 mm by 305 mm, for mosaics or other decorative or construction purposes (described in statistical reporting number 7016.10.0000)
Equipment for scaffolding, comprising powder coated or galvanized welded tubular steel frames, braces, guard rail systems, components and accessories, the foregoing for assembly into frame and brace configurations measuring at least 10 cm but not more than 3.3 m in height and at least 4 cm but not more than 8.8 m in width, weighing not more than 91 kg, with a load capacity not more than 2,750 kg (described in statistical reporting number 7308.40.0000)
Portable outdoor cooker kits, consisting of at least a burner and stand made from steel and/or cast iron, with an adjustable pressure regulator/hose combination for connecting the burner to a source of natural gas or a portable container of liquefied propane (described in statistical reporting number 7321.11.1060)
Grills composed of steel wire, each measuring 49 cm by 47 cm (19.25 inches by 18.5 inches), weighing 0.36 kg (0.80 lbs.), designed as cooking surface of barbecue grill (described in statistical reporting number 7321.90.6090)
Cable hooks of steel, each weighing not less than 0.2 kg, measuring not less than 9 cm in length, not less than 5 cm in width and not less than 1 cm in height with spring loaded closure gate (described in statistical reporting number 7326.90.8688)
Nickel hydroxy carbonate (CAS No. 12607-70-4) (described in statistical reporting number 7501.20.0000)
Mounting boards of aluminum for guitar sound modifying (“effect”) devices, each consisting of an aluminum frame with above ground slots for the placement of devices and floor level slots for the on/off foot-operated pedal switches which control the modifying devices (described in statistical reporting number 7616.99.5190)
Kitchen and table implements of iron or steel, non-electric, including but not limited to peelers, graters and whisks (described in statistical reporting number 8205.51.3030)
Automotive polishing attachments specially designed for use with a hand-held drill,
each attachment including a 9.5 mm steel drive shaft, internal gear assembly, transverse hand brace and rotating disk components (described in statistical reporting number 8207.90.7585)
Bolt-on tips of carbon alloy steel of a kind used in tub or horizontal grinders (described in statistical reporting number 8207.90.7585)
Flat panel display mounting adapters of base metal (described in statistical reporting
number 8302.50.0000)
Stamped and formed brackets of steel (described in statistical reporting number 8302.50.0000)
Gun safes with digital keypads, of base metal, each weighing at least 148 kg but not more than 422 kg, measuring at least 141 cm but not more than 183 cm in height, at least 55 cm but not more than 107 cm in width and at least 40 cm but not more than 71 cm in depth (described in statistical reporting number 8303.00.0000)
Parts suitable for use solely or principally with spark-ignition internal combustion piston engines of heading 8407 for marine propulsion (other than cast-iron parts, not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues and risers or to permit location in finishing machinery or connecting rods) (described in statistical reporting number 8409.91.9290)
Hydraulic valve lifters of steel with rollers, suitable for use solely or principally with
spark-ignition internal combustion piston engines (other than for aircraft engines,
marine propulsion engines or for vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), each measuring 5 cm or more but not over 13 cm in length and 2.5 cm or more but not over 3.9 cm in diameter and weighing 135 g or more but not over 410 g (described in statistical reporting number 8409.91.9990)
Solid valve lifters of steel, suitable for use solely or principally with spark-ignition internal combustion piston engines (other than for aircraft engines, marine propulsion engines or for vehicles of subheading 8701.20, or headings 8702, 8703 or 8704), each measuring 19 mm or more but not over 114 mm in length and 6 mm or more but not over 26 mm in diameter and weighing 20 g or more but not over 250 g (described in statistical reporting number 8409.91.9990)
Wind turbine hubs (described in statistical reporting number 8412.90.9081)
Cooling medium pumps for internal combustion piston engines of the motor vehicles of headings 8703 or 8704 (described in statistical reporting number 8413.30.9090)
Vacuum pumps, each composed of a cast aluminum body and an unalloyed steel cover, measuring not more than 85 mm in length, not more than 75 mm in width and not more than 96 mm in height, with a pump volume not more than 200 cc, for use in automotive braking systems (described in statistical reporting number 8414.10.0000)
Hand- or foot-operated air pumps, each weighing 400 g or more but not over 3 kg, with a maximum pressure of 1.52 MPa, imported with adapters for valves for tires and inner tubes (described in statistical reporting number 8414.20.0000)
DC blowers for use in motor vehicle climate control systems, each measuring no less than 323 mm by 122 mm by 102 mm and no more than 357 mm by 214 mm by 167 mm (described in statistical reporting number 8414.59.6540)
DC centrifugal radial blowers, each measuring not less than 345 mm by 122 mm by 102 mm and not more than 355 mm by 173 mm by 145 mm, of an output of 100 W to 285 W, and weighing at least 1.80 kg but no more than 2.72 kg (described in statistical reporting number 8414.59.6560)
Electric display cases incorporating refrigerating equipment designed for commercial
use, each with a glass front to display the food or drink being stored (described in statistical reporting number 8418.50.0080)
Upright coolers incorporating refrigerating equipment, each measuring not more than 77 cm in width, not more than 78 cm in depth and not more than 200 cm in height, weighing not more than 127 kg, with one swing-type transparent glass door (described in statistical reporting number 8418.50.0080)
Compact portable shipping scales, of stainless steel, with a maximum weighing capacity of not more than 16 kg, with a digital display, weight below hook, and handles, measuring not less than 19 cm in width, not less than 21 cm in depth, not less than 3 cm in height but not more than 52 cm in width, not more than 41 cm in depth, not more than 13 cm in height (described in statistical reporting number 8423.81.0040)
Screw jacks and scissor jacks, each comprising a base, two lift arms and adjustable wheel pads, weighing at least 22 kg but not more than 42 kg, with a weight limit of not more than 342 kg (described in statistical reporting number 8425.49.0000)
Sewing machines, not of the household type, not specially designed to join footwear soles to uppers; each such machine weighing 45 kg or more but not over 140 kg, suitable for sewing leather (described in statistical reporting number 8452.29.9000)
Trackpad input units for automatic data processing (ADP) machines, each valued over $100 (described in statistical reporting number 8471.60.9050)
Printed circuit assemblies for rendering images onto computer screens (“graphics processing modules”) (described in statistical reporting number 8473.30.1180)
Printed circuit assemblies to enhance the graphics performance of automatic data processing (ADP) machines (“accelerator modules”) (described in statistical reporting number 8473.30.1180)
Printed circuit assemblies, constituting unfinished logic boards (described in statistical
reporting number 8473.30.1180)
Parts and accessories of machines of heading 8471, whether or not incorporating fan
hubs or LEDs but not incorporating other goods of heading 8541 or 8542 (described in
statistical reporting number 8473.30.5100)
Ratchet tie down straps, each consisting of straps of textiles measuring not less than 25 mm and not more than 105 mm in width and not more than 12.5 m in length, steel hooks at opposite ends of the straps and a gear and pawl mechanism for adjusting the length of the whole (described in statistical reporting number 8479.89.9499 prior to January 27, 2022; described in statistical reporting number 8479.89.9599 effective January 27, 2022)
Hand-operated valves of plastics, each comprising a bottle lid, drinking spout and flavor dispensing valve (described in statistical reporting number 8481.80.5090)
Single phase AC electric motors (other than gear motors), of an output of 56 W or more but not exceeding 69 W, each measuring no more than 9 cm in length and no more than 11.5 cm in diameter, weighing no more than 2 kg, in a housing of base metals, with a switch (described in statistical reporting number 8501.40.2040)
Electric gear motors, single phase AC, of an output of 74.6 W or more but not exceeding 228 W, each with a spring, a coupling, and a locking connector, the assembly measuring not more than 30 cm in length, not more than 11 cm in width, not more than 16 cm in height (described in statistical reporting number 8501.40.4020)
AC motors, single phase, each of an output exceeding 74.6 W but not exceeding 335
W, measuring not more than 13 cm in diameter and not more than 13 cm in height and
with a shaft measuring not more than 39 cm in length (described in statistical reporting
number 8501.40.4040)
Single-phase AC electric motors incorporating permanent split capacitors, each of an output range of 367 W or more but not exceeding 565 W, operating at not less than 115 V of alternating current (VAC) but not more than 230 VAC, capable of operating while submerged in water, each weighing at least 7 kg but not more than 11 kg, measuring not more than 10 cm in diameter and at least 22 cm but not exceeding 34 cm in length (described in statistical reporting number 8501.40.4040)
Single-phase AC electric motors, other than gear motors, whether or not incorporating permanent split capacitors, each of an output range of 746 W or more but not exceeding 1.13 kW, operating at not less than 115 V of alternating current (VAC) but not more than 250 VAC, capable of operating while submerged in water, each weighing at least 9 kg but not more than 12.5 kg, measuring not more than 10 cm in diameter and at least 25 cm but not exceeding 36 cm in length (described in statistical reporting number 8501.40.6040)
Power supplies for cable networks, that convert 120 V/60 Hz AC input to either 63 V AC or 87 V AC output, each measuring not more than 200 mm by 425 mm by 270 mm and weighing not more than 27.5 kg, containing printed circuit board assemblies, a transformer, and an oil filled capacitor (described in statistical reporting number 8504.40.8500)
Static converters of a kind used to charge telecommunication apparatus in cars or homes, valued not over $2 each (described in statistical reporting number 8504.40.8500)
Power adapters for a weather sensor or weather station display (described in statistical reporting number 8504.40.9580)
Robotic vacuum cleaners designed for residential use, each with a self-contained electric motor of a power not exceeding 50 W and dust bag/receptacle capacity not exceeding 1 L, whether or not shipped with accessories (described in statistical reporting number 8508.11.0000)
Vacuum cleaners, bagless, upright, each with self-contained electric motor of a power not exceeding 1,500 W and having a dust receptacle capacity not exceeding 1 liter (described in statistical reporting number 8508.11.0000)
Starter motors for internal combustion gasoline engines designed for use in the lawn, automotive, watercraft, motorcycle, industrial and garden industries (described in statistical reporting number 8511.40.0000)
Projectors (“trumpets”) of plastics for air horns (described in statistical reporting number 8512.90.2000)
Fan-forced portable electric heaters, each with a ceramic heating element (described in statistical reporting number 8516.29.0030)
Fan-forced, portable electric space heaters, each having a power consumption of not more than 1.5 kW and weighing more than 1.5 kg but not more than 17 kg, whether or not incorporating a humidifier or air filter (described in statistical reporting number 8516.29.0030)
Electric fireplace inserts and free-standing electric fireplace heaters, rated at 5,000 British thermal units (BTUs) (described in statistical reporting number 8516.29.0090)
Electric fireplaces, weighing not more than 55 kg (described in statistical reporting number 8516.29.0090)
Portable countertop air fryers of a kind used for domestic purposes (described in statistical reporting number 8516.60.4070)
Tubular electric heating resistors (described in statistical reporting number 8516.80.8000)
Closed-loop, digital, video security systems, each consisting of one 4-, 8- or 16-channel digital video recorder (DVR) that connects via cables to at least 2 but no more than 16 color television cameras in housings of plastics, cables and power adapters, put up for retail sale (described in statistical reporting number 8525.80.3010 prior to January 27, 2022; described in statistical reporting number 8525.83.0000 or 8525.89.3000 effective January 27, 2022)
Color video cameras for use with microscopes, each camera with C-mount lens mount, weighing not more than 87 g, measuring not more than 109 mm in length and 31 mm in diameter, presented with a cable measuring not more than 1.5 m in length (described in statistical reporting number 8525.80.3010 prior to January 27, 2022; described in statistical reporting number 8525.81.0000, 8525.82.0000, or 8525.89.3000 effective January 27, 2022)
Digital color video cameras for use with microscopes, each camera with 10 megapixel resolution, weighing not more than 175 g, measuring 63 mm by 37 mm in length, presented with USB cable, reduction lens, eyepiece adapters, software CD and calibration slide (described in statistical reporting number 8525.80.3010 prior to January 27, 2022; described in statistical reporting number 8525.81.0000, 8525.82.0000, or 8525.89.3000 effective January 27, 2022)
Digital color video cameras for use with microscopes, each camera with autofocus, Cmount lens mount, 1080p resolution, weighing not more than 450 g, measuring not more than 67 mm by 67 mm by 81 mm, presented with AC power adapter and power cable (described in statistical reporting number 8525.80.3010 prior to January 27, 2022; described in statistical reporting number 8525.81.0000, 8525.82.0000, or 8525.89.3000 effective January 27, 2022)
Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 4 layers of copper (described in statistical reporting number 8534.00.0020)
Printed circuit boards, with a base of glass reinforced epoxy laminate material that is compliant with NEMA grade FR-4 fire resistance, not flexible, with 10 layers, designed for use in a flow meter, and measuring not more than 6.35 cm by 6.35 cm by 0.1575 cm (described in statistical reporting number 8534.00.0020)
Printed circuit boards, each with a base wholly of plastics impregnated glass, not flexible, with 2 layers of copper (described in statistical reporting number 8534.00.0040)
Gas ignition safety controls, measuring 3.8 to 5.3 cm in height, 6.4 to 10.1 cm in width and 13.2 to 13.9 cm in depth; weighing 160 g to 380 g each; and valued not over $26 each; of a kind used in patio heaters, agricultural heaters or clothes dryers (described in statistical reporting number 8537.10.9170)
Digital sound processing apparatus capable of connecting to a wired or wireless network for the mixing of sound, each capable of mixing 16, 24, 32 or 64 channel, each measuring not more than 17 cm in height, not more than 60 cm in depth, and not more than 83 cm in width (described in statistical reporting number 8543.70.9100)
Insulated electric conductors for a voltage not exceeding 1,000 V, fitted with connectors of a kind used for telecommunications, each valued over $0.35 but not over $2 (described in statistical reporting number 8544.42.2000)
Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 9 m but not longer than 16 m in length, with National Electrical Manufacturers Association (NEMA) type 5-15P plug on one end and NEMA type 5-15R receptacle on the other (described in statistical reporting number 8544.42.9010)
Extension cords of copper wire with polyvinyl chloride (PVC) sheaths, for a voltage not exceeding 1,000 V, each measuring at least 4 m but not longer than 16 m in length, with National Electrical Manufacturers Association (NEMA) type TT-30P plug on one end and NEMA type TT-30R receptacle on the other or NEMA type 14-50P plug on one end and NEMA type 14-50R receptacle on the other, with handles on each end in the shape of loops (described in statistical reporting number 8544.42.9090)
Insulated conductors, not of a kind used for telecommunications, for a voltage not exceeding 1,000 V, each with polyvinyl chloride (PVC) covers and connectors at each end in bundles of 3, 5 or 6 for use in connecting patients to monitoring devices (described in statistical reporting number 8544.42.9090)
Junction box assemblies, of a kind used in solar panels, incorporating three bypass diodes and two insulated cables fitted with connectors, for a voltage not more than 1,000 V (described in statistical reporting number 8544.42.9090)
Electrical insulators (“wire nuts”) of plastics and steel (described in statistical reporting number 8546.90.0000)
Tire carrier attachments, roof racks, fender liners, side protective attachments, the foregoing of steel (described in statistical reporting number 8708.29.5060 prior to January 27, 2022; described in statistical reporting number 8708.29.5160 effective January 27, 2022)
Guide pins and guide bolts designed for use in brakes and servo-brakes of subheading 8708.30 (described in statistical reporting number 8708.30.5090)
Flange forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)
Hub forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)
Park gear blanks of Society of Automotive Engineers (“SAE”) 1520 carbon steel (described in statistical reporting number 8708.40.7570)
Stator shafts of Stahlwerk Annahutte ZF34C grade carbon steel (described in statistical reporting number 8708.40.7570)
Front output shafts of Society of Automotive Engineers (“SAE”) 1045 carbon steel suitable for use in automatic transmission systems for passenger motor vehicles (described in statistical reporting number 8708.99.6890)
Hitches receivers of steel, not suitable for towing applications, each receiver to be clamped onto the rear bumper of a recreational vehicle, such bumpers being square in section and measuring not more than 102 mm on a side (described in statistical reporting number 8708.99.8180)
Bicycles, not motorized, each having aluminum- or magnesium- alloy wheels both measuring more than 69 cm but not more than 71 cm in diameter, tires of crosssectional diameter of 3.5 cm, aluminum frame, a polyurethane/carbon fiber cord drive belt, 3-, 7- or 12-speed rear hub and twist shifter (described in statistical reporting number 8712.00.2500)
Single-speed bicycles having both wheels exceeding 63.5 cm in diameter, weighing less than 16.3 kg without accessories and not designed for use with tires having a crosssectional diameter exceeding 4.13 cm (described in statistical reporting number 8712.00.2500)
Bicycles, not motorized, having both wheels exceeding 63.5 cm in diameter, each having no more than three speeds and a coaster brake (described in statistical reporting number 8712.00.3500)
Bicycle frames, of carbon fiber, valued not over $600 each (described in statistical reporting number 8714.91.3000)
Wheeled trailers suitable for towing behind an adult bicycle, each comprising a frame of aluminum with a hitch mechanism, weighing not more than 17.5 kg, with a capacity of not more than 46 kg, with those trailers designated for carrying children meeting ASTM International standard F1975 (described in statistical reporting number 8716.40.0000)
Casters, with diameter (including, where appropriate, tires) of 20 cm or more but not
over 23 cm (described in statistical reporting number 8716.90.3000)
Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection), each with magnification of 40X or more but not exceeding 1,000X, weighing not more than 3 kg (described in statistical reporting number 9011.80.0000)
Compound optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or microprojection), each with magnification of 40X or more but not exceeding 400X, weighing not more than 15 kg (described in statistical reporting number 9011.80.0000)
Parts and accessories of meteorological instruments and appliances, each consisting of a wind vane made of plastics and base metal weighing no more than 25 g (described in statistical reporting number 9015.90.0190)
Parts and accessories of meteorological instruments and appliances, each consisting of an assembly comprising 3 rotating wind cups, bearings, an internal aspirating fan and one or more solar panels (described in statistical reporting number 9015.90.0190)
Parts and accessories of meteorological instruments and appliances, each consisting of an assembly made of plastic and metal comprising 3 wind cups weighing no more than 35 g (described in statistical reporting number 9015.90.0190)
Metal casings for, and metal parts of, thermometers of subheading 9025.11.40 designed
for use in heating, ventilation and air conditioning (“HVAC”) equipment (described in
statistical reporting number 9025.90.0600)
Hand-held card counters, each consisting of a plastic case containing a circuit board, rechargeable battery and controls, weighing less than 1 kg (described in statistical reporting number 9029.10.8000)
60-minute mechanical count-down kitchen timers (described in statistical reporting
number 9106.90.8500)
Upholstered seats with wooden frames other than chairs, not of cane, osier, bamboo or similar materials, each measuring at least 144 cm but no more than 214 cm in width, at least 81 cm but no more than 89 cm in height and at least 81 cm but not more than 163 cm in depth (described in statistical reporting number 9401.61.6011)
Stackable upholstered metal chairs for religious worship settings, capable of interlocking with each other, each with attached holders and racks (described in statistical reporting number 9401.71.0031)
Unassembled upholstered chairs with metal frames, other than household chairs, with seats and backs having a shell of plastics or wood and measuring at least 48 cm but not more than 61 cm in width (described in statistical reporting number 9401.71.0031)
Hunting stands of steel or aluminum (including ladder stands, pod stands, hang-on stands and climbing stands), each of which allows one or more hunters to ascend to a height and sit while waiting for game animals to appear (described in statistical reporting number 9401.79.0035)
Unassembled non-upholstered chairs with metal frames (other than household chairs) with seats and backs having a shell of plastics or wood and measuring at least 48 cm but not more than 61 cm in width (described in statistical reporting number 9401.79.0050)
Parts of chairs of unfinished plywood, including bodies, legs and arms (described in statistical reporting number 9401.90.4080 prior to January 27, 2022; described in statistical reporting number 9401.91.9090 effective January 27, 2022)
Bench frames of cast aluminum, each measuring at least 42 cm but not more than 79 cm in height, and at least 52 cm but not more than 62 cm in width (described in statistical reporting number 9401.90.5081 prior to January 27, 2022; described in statistical reporting number 9401.99.9081 effective January 27, 2022)
Chair frames of metal, each with integral bookshelf, capable of being stacked (described in statistical reporting number 9401.90.5081 prior to January 27, 2022; described in statistical reporting number 9401.99.9081 effective January 27, 2022)
Foot assemblies of base metal and rubber, designed for folding chairs (described in statistical reporting number 9401.90.5081 prior to January 27, 2022; described in statistical reporting number 9401.99.9081 effective January 27, 2022)
Household furniture of metal and high-pressure laminated bamboo (other than ironing boards, furniture for infants or children or bed frames) (described in statistical reporting number 9403.20.0050)
Adjustable wire shelving units of steel, other than for household use, comprising vertical poles, foot caps or casters, clips and shelves, each when fully assembled measuring at least 35 cm or more but not more than 183 m in width, at least 35 cm but not more than 77 cm in depth, and at least 137 cm but not more than 183 cm in height (described in statistical reporting number 9403.20.0081)
Display racks of powder coated steel, whether or not on casters, whether or not with LED lighting, each measuring at least 60 cm but not more than 125 cm in length, at least 60 cm but not more than 125 cm in width and at least 130 cm but not more than 225 cm in height, with slanted shelves with a lip at the front edge of each that measures 3 cm or more in height (described in statistical reporting number 9403.20.0080 prior to July 1, 2019; described in statistical reporting number 9403.20.0081 effective July 1, 2019)
Foldable tables with frames of steel and/or aluminum, each measuring 25 cm or more but not over 156 cm in length, 30 cm or more but not over 80 cm in width and 37 cm or more but not over 113 cm in height, with a tabletop surface of aluminum (described in statistical reporting number 9403.20.0090)
Household furniture of high-pressure laminated bamboo, other than babies’ or children’s furniture (described in statistical reporting number 9403.82.0015)
Baby crib liners, each composed of two pieces of multi-layer warp polyester knit mesh without any padding, one measuring no more than 29 cm by 283 cm and the other measuring no more than 29 cm by 210 cm (described in statistical reporting number 9403.90.6005 prior to January 27, 2022; described in statistical reporting number 9403.99.5005 effective January 27, 2022)
Flameless pillar candles with LED lamps powered by batteries, each measuring at least 7.6 cm but not more than 20 cm in diameter and having a wax exterior (described in statistical reporting number 9405.40.8440 prior to January 27, 2022; described in statistical reporting number 9405.42.8440 effective January 27, 2022)
Flexible strips, each having embedded light-emitting diodes electrically connected to a molded electrical end connector, each strip wound onto a reel measuring not more than 25 cm in diameter and not more than 1.5 cm in width (described in statistical reporting number 9405.40.8440 prior to January 27, 2022; described in statistical reporting number 9405.42.8440 effective January 27, 2022)
Garden, patio and table top wick burning torches for outdoor use (described in statistical reporting number 9405.50.4000)
Lamp shades of fabric over metal frame (described in statistical reporting number 9405.99.4090)

(iv) The U.S. Trade Representative determined to establish a process by which particular
products classified in heading 9903.88.15 and provided for in U.S. notes 20(r) and (s) to this
subchapter could be excluded from the additional duties imposed by heading 9903.88.15. See
84 Fed. Reg. 43304 (August 20, 2019), 84 Fed. Reg. 45821 (August 30, 2019), 84 Fed. Reg.
57144 (October 24, 2019) and 85 Fed. Reg. 3741 (January 22, 2020). Pursuant to the product
exclusion process, the U.S. Trade Representative has determined that, as provided in heading
9903.88.67, the additional duties provided for in heading 9903.88.15 shall not apply to the
following particular products, which are provided for in the following enumerated statistical
reporting numbers:

0505.10.0050
0505.10.0055
3401.19.0000
3926.90.9910
5210.11.4040
5210.11.6020
5504.10.0000
6506.10.6030
Sodium alginate resins (CAS No. 9005-38-3) (described in statistical reporting number 3913.10.0000)
Shower heads of plastics, designed to be fixed, hand-held, height-adjustable or combinations thereof, and parts of such shower heads (described in statistical reporting number 3924.90.5650)
Bowls of molded plastics, with clips for retaining guide wires during surgical procedures (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)
Disposable graduated medicine dispensing cups of plastics (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)
Sets of three polyvinyl chloride-coated foam pads, of plastics, of a kind used to assemble flotation work vests by passing adjustable straps with buckles through slots in the pads, each set comprising two irregularly shaped front/side pads and one rectangular back pad (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)
Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)
Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers (described in statistical reporting number 3926.90.9990 prior to July 1, 2020; described in statistical reporting number 3926.90.9985 effective July 1, 2020)
Wallpaper, other than described in subheading 4814.20.00, with floral, landscape, figure or abstract designs or solid backgrounds painted by hand, whether or not with applications of metal leaf (described in statistical reporting number 4814.90.0200)
Women’s knit robes in chief weight of cotton, with hook and loop tab closure (described in statistical reporting number 6108.91.0030)
Babies’ gowns of cotton knitted interlock fabric, each with sleeves, neck opening and elasticized bottom opening (described in statistical reporting number 6111.20.6070)
Babies’ sleep sacks of cotton interlock knitted fabric, sleeveless, each with neck opening and two-way zipper (described in statistical reporting number 6111.20.6070)
Babies’ sleep sacks, knitted, of cotton, each with neck opening and two-way zipper (described in statistical reporting number 6111.20.6070)
Babies’ swaddle sacks of cotton knitted interlock fabric, each with sleeves and mitten cuffs (described in statistical reporting number 6111.20.6070)
Babies’ blanket sleepers of polyester knitted fleece, sleeveless, each with two-way zipper (described in statistical reporting number 6111.30.5015)
Men’s and boys’ cotton terry bathrobes with muslin trim, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6207.91.1000)
Girls’ cotton terry bathrobes with muslin trim, each beltless but featuring a hook-andloop tab (described in statistical reporting number 6208.91.1020)
Girls’ fleece bathrobes, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6208.92.0020)
Blankets (other than electric blankets) of cotton, woven, each measuring at least 116 cm but not more than 118 cm on an edge (described in statistical reporting number 6301.30.0010)
Blankets (other than electric blankets) of cotton, other than woven, each measuring at least 116 cm but not more than 118 cm on an edge (described in statistical reporting number 6301.30.0020)
Dust covers of knitted polyester fabric, designed for bed mattresses and pillows (described in statistical reporting number 6302.10.0020)
Crib sheets of muslin cotton, fitted with elastic (described in statistical reporting number 6302.31.9020)
Protective covers of cotton for pillows, not knitted or crocheted, of cotton, not napped or printed, each with full encasement construction and zipper opening (described in statistical reporting number 6302.31.9040)
Laparotomy sponges of cotton (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Single-use stethoscope covers (described in statistical reporting number 6307.90.9889 prior to July 1, 2020; described in statistical reporting number 6307.90.9891 effective July 1, 2020)
Athletic, recreational and sporting headgear comprising shells of polyvinyl chloride, polycarbonate plastic or acrylonitrile butadiene styrene, each with an inner liner of expanded polypropylene or expanded polystyrene, designed for use with bicycles (described in statistical reporting number 6506.10.6045)
Sewing machines of the household type, each weighing not more than 22.5 kg, having a touch screen control, a sewing light, a presser foot lifter and an automatic needle threader (described in statistical reporting number 8452.10.0090)
Tracking devices, each device measuring not more than 86 mm on a side (if rectangular) or 28 mm in diameter (if circular) and not more than 7.5 mm in thickness, not weighing more than 15 g, designed to be attached to another article and to establish a Bluetooth connection with another device for the purposes of providing relative location information (described in statistical reporting number 8517.62.0090)
Wireless communication apparatus that can receive audio data to be distributed to wireless speakers (described in statistical reporting number 8518.22.0000)
Liquid crystal display (“LCD”) modules, not capable of receiving or processing a broadcast television signal, each with a video display diagonal measuring not more than 191 cm (described in statistical reporting number 9013.80.9000 prior to January 27, 2022, described in statistical reporting number 8524.11.9000 effective January 27, 2022)
Television liquid crystal display (“LCD”) main board assemblies, each consisting of a printed circuit board containing a television tuner and audio and video components (described in statistical reporting number 8529.90.1300)
Protective Articles (described in statistical reporting number 9004.90.0000 prior to January 1, 2021; described in statistical reporting number 9004.90.0010 or 9004.90.0090 effective January 1, 2021)
Prism binoculars, other than for use with infrared light, comprising a plastic, aluminum or magnesium alloy body with a rubber jacket, with magnification ranging from at least 4X but not more than 22X and aperture ranging from at least 21 mm but not more than 56 mm (described in statistical reporting number 9005.10.0040)
Parts of child safety seats (described in statistical reporting number 9401.90.1085 prior to January 27, 2022; described in statistical reporting number 9401.91.1500 or 9401.99.1085 effective January 27, 2022)
Pillow shells of cotton, each filled with goose or duck down (described in statistical reporting number 9404.90.1000)”.

3. by amending the last sentence of the first paragraph of U.S. note 20(a) to subchapter III
of chapter 99 by:

a. by deleting “or (14)” and by inserting “(14)” in lieu thereof; and
b. by inserting”; or (15) heading 9903.88.67 and U.S. note 20(ttt)(i) to subchapter III of chapter 99″ after the phrase “U.S. note 20(sss)(i) to subchapter III of chapter 99”, where it appears at the end of the sentence.

4. By amending U.S. note 20(b) to subchapter III of chapter 99 by:

5. by amending the last sentence of the first paragraph of U.S. note 20(c) to subchapter III
of chapter 99 by:

a. by deleting “or (8)” and by inserting “(8)” in lieu thereof; and
b. by inserting”; or (9) heading 9903.88.67 and U.S. note 20(ttt)(ii) to subchapter III of chapter 99″ after the phrase “U.S. note 20(sss)(ii) to subchapter III of chapter 99”, where it appears at the end of the sentence.

6. by amending U.S. note 20(d) to subchapter III of chapter 99 by:

7. by amending the last sentence of the first paragraph of U.S. note 20(e) to subchapter III
of chapter 99 by:

a. by deleting “or (17)” and by inserting “(17)” in lieu thereof; and
b. by inserting”; or (18) heading 9903.88.67 and U.S. note 20(ttt)(iii) to subchapter III of chapter 99″ after the phrase “U.S. note 20(sss)(iii) to subchapter III of chapter 99”, where it appears at the end of the sentence.

8. by amending U.S. note 20(f) to subchapter III of chapter 99 by:

9. by amending U.S. note 20(g) to subchapter III of chapter 99 by:

a. by deleting “or (9)” and by inserting “(9)” in lieu thereof; and
b. by inserting “or (10) heading 9903.88.67 and U.S. note 20(ttt)(iii) to subchapter III of chapter 99” after the phrase “U.S. note 20(qqq) to subchapter III of chapter 99”, where it appears at the end of the first sentence.

10. by amending the last sentence of the first paragraph of U.S. note 20(r) to subchapter III
of chapter 99:

a. by deleting “or (11)” and by inserting “(11)” in lieu thereof; and
b. by inserting”, or (12) heading 9903.88.67 and U.S. note 20(ttt)(iv) to subchapter III of chapter 99″ after “U.S. note 20(sss)(iv) to sub chapter III of chapter 99”.

11. by amending the article description of heading 9903.88.01:

a. by deleting “9903.88.62 or”;
b. by inserting in lieu thereof “9903.88.62,”; and
c. by inserting “or 9903.88.67,” after “9903.88.66,”

12. by amending the article description of heading 9903.88.02:

a. by deleting “9903.88.63 or”;
b. by inserting in lieu thereof “9903.88.63,”; and
c. by inserting “or 9903.88.67,” after “9903.88.66,”

13. by amending the article description of heading 9903.88.03:

a. by deleting “9903.88.64 or”;
b. by inserting in lieu thereof “9903.88.64,” and
c. by inserting “or 9903.88.67,” after 9903.88.66,”

14. by amending the article description of heading 9903.88.04:

a. by deleting “9903.88.64 or”;
b. by inserting in lieu thereof “9903.88.64,” and
c. by inserting “or 9903.88.67,” after 9903.88.66,”

15. by amending the article description of heading 9903.88.15:

a. by deleting “9903.88.65 or”;
b. by inserting in lieu thereof “9903.88.65,” and
c. by inserting “or 9903.88.67,” after 9903.88.66,”

9801.00.10: Updated Requirements for Returned Goods

Jennifer Diaz — Tue, 23 Nov 2021 13:45:30 +0000

Background on HTSUS Subheading 9801.00.10

Ever hear of U.S. goods returned and wondered what it really meant? The Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9801.00.10 is used for re-importing U.S. made products back into the United States, duty-free. Previously, this classification only covered merchandise originally made in the United States and now reentering the country (hence “US Goods Returned”). In order to qualify for classification under subheading 9801.00.10 and duty-free treatment, these products entering the United States had to be unimproved in condition or value. In other words, the products had to not be subject to further processing abroad. For example, subheading 9801.00.10 may be used when goods are being re-imported as returned product to the seller or for repair. Under subheading 9801.00.10, the importer has the burden to prove their claim for duty-free treatment.

CBP Issues Updated Guidance

On August 20, 2021, subheading 9801.00.10 was expanded to include products which originated from foreign countries. HTSUS subheading 9801.00.10 now states: “Products of the United States when returned after having been exported, or any other products when returned within 3 years after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad.” In other words, non-U.S. origin products that are returned to the United States will ALSO qualify for duty-free treatment under subheading 9801.00.10. However, the timing requirements for U.S.-origin and foreign-origin products are different. U.S.-origin products currently have no time limit to file a claim for duty-free treatment. However, claims for foreign-origin products must be filed within three years.

Duty-Free Treatment

To prove you are eligible to rightfully claim duty free treatment under subheading 9801 the foreign shipper/importer must declare that the products reentering the United States were not advanced in value or improved in condition by any manufacturing process or other means while abroad. However, if the customs broker obliges themselves as the importer, the customs broker will now have the legal responsibility to provide the required documents to substantiate the subheading 9801.00.10 claim (p.s. – if you are a broker, think 50 times, maybe 100, before taking on this responsibility).

Specifically, the changes resulted in:

For either U.S. manufactured goods or foreign origin goods:
- A declaration by Foreign Shipper should be included as it will indicate that the goods were not advanced in value or improved in condition while outside the United States.
- A certificate from the master of a vessel may be accepted with the Declaration by the Foreign Shipper if it states that the product have not been un-laden from the exporting vessel.
- Declaration by the owner, importer, consignee, or agent indicating that they have knowledge of the facts regarding the duty-free claim.
For goods reentering the U.S. after three years and are valued over $2500, CBP may request additional documentations if the name and address of the U.S. manufacturer are not clearly stated. An example of the documentation is a statement from the U.S. manufacturer verifying that the articles were made in the United States.
The documents which are sufficient to establish proof of export are Electronic Export Information (EEI)/the Automated Export System (AES) filing exemption, copy of the entry into the foreign country, or U.S. export invoice or bill of lading/airway bill.
For aircrafts, aircraft parts and equipments reentering the U.S, a CBP Form 3311 or its equivalent as stated in 19 CFR 10.1 may be used. The entrants which should be included are:
- The name of the importing vessel or conveyance
- The date of its arrival
- A description of the articles
- The value of the articles, and
- That the articles are intended for use by the aircraft owner or operator in his own aircraft operations
For U.S. origin goods reentering the U.S. that were originally exported under a Department of State license are required to be imported through formal entry and the value of the goods doesn’t matter.
For U.S. manufactured aircraft reentering the U.S which were sold t0 a foreign government under the Foreign Military Sales program, formal entry is required if any maintenance is being performed on the aircraft while in the United States. Also, at the time of export of the aircraft, the EEI has to be filed for the maintenance of the aircraft.
For U.S. manufactured aircraft reentering the U.S which were sold t0 a foreign government under the Foreign Military Sales program and modification or enhancement will occur, to be imported and exported formal entry is required and the EEI submission citing the Directorate of Defense Trade Controls export license (DSP-5) is required.

Below is your checklist of necessary documents when claiming 9801.00.100/duty-free treatment:

Declaration by Foreign Shipper,
Declaration by the Owner, importer, consignee or agent,
Proof of export documentation, and
A statement from the U.S. manufacturer verifying that the merchandise was made in the United States (for products valued over $2,500 USD).

What You Can Do

The HTSUS is the primary resource for determining tariff classifications and deciphering customs duties owed for goods imported into the United States. Experts use the HTS, in conjunction with explanatory notes, general notes, general rules of interpretation, and Customs Binding Rulings to help determine the correct HTS. Correct classification is a part of the importer of records “reasonable care” requirement. Penalties for non-compliance can be severe. 19 U.S.C. 1592 is the statute CBP references when issuing penalties for negligence, gross negligence or fraud – depending on the degree of culpability CBP believes you had at the time of your non-compliance.

Fortunately, there is a lot you can do to be proactive about your HTSUS classification:

CLASSIFICATION CHECKLIST

Obtain as much information about the product subject to classification PRIOR to importation (if you can, get a sample, if not, photographs of the item and its packaging (exactly as it will look when being imported) are essential).
Refer to brochures, catalogs, product datasheets, or websites, etc., to truly understand the products intended use.
Review HTSUS chapters and look for the most relevant chapter/heading (first four digits) that best describes your product (i.e., and apple is an apple).
Review the Chapter and Section Notes to ensure the product is not kicked out of the HTS.
Review the General Rules of Interpretations (GRI’s) in the order.
Read the Explanatory Notes for the relevant headings.
Check CBP CROSS Rulings for classification of items of the same class/kind.
Consult Internal and/or external experts such as trade lawyers or engineers.
Request a CBP Binding Ruling.
Consult CBP Informed Compliance Publications

Contact Us

If you have questions or require assistance on U.S. And Foreign Goods Returned, contact Diaz Trade Law today at info@diaztradelaw.com or 305-456-3830.

How to Build and Maintain an Effective Import Compliance Plan

Jennifer Diaz — Fri, 01 Oct 2021 13:44:43 +0000

CBP enforcement is on the rise. If your business is importing into the U.S., or wants to start, our one-hour, NEI accredited, webinar on “Building & Maintaining an Effective Import Compliance Plan” will provide best practices and TOP tips to build an import compliance plan.

Register today to to hear directly from Senior Trade Advisor, Don Woods, DTL’s president, Jennifer Diaz, and Associate Attorney, Denise Calle as they discuss real life stories, current trends/risks associated with the import process, proactive ways to stay compliant, and the importance of training to avoid costly encounters with CBP.

Why Should I Register for this Webinar?

CBP is actively enforcing its laws and regulations against non-compliant importers, as seen by the 70,683 seizure letters issued to importers in FY2021. Importers are required to develop, maintain, and follow a compliant import plan. Importers must be aware of CBP’s various enforcement mechanisms, and more importantly, how to avoid such actions. CBP’s most common enforcement activities include seizures, detentions, and criminal prosecution.

In response to the increase in enforcement discussed below, Diaz Trade Law is hosting a NEI accredited webinar, Building & Maintaining an Effective Import Compliance Plan to train industry on top compliance tips to avoid enforcement, and best practices to maintain and effective and compliant import plan.

Seizures in FY21:

With Fy21 yet to finish, the CBP has already had more than 70,000 trade seizures
With Fy21 yet to finish, CBP has already had $2.5 billion worth of IPR Seizures – More than it has seized in each of the past 5 years!

Other Trade Enforcement Activities:

1,942 Trade Penalties Issued
16,302 Total Trade Liquidated Damages
$16 million collected in Trade-related penalties and liquidated damages

In this webinar, you will learn the common risks associated with the import process and how to build and maintain an effective Import Compliance Plan . Presenters will discuss… The objective of the webinar is to teach participants how to create an effective import plan that allows importers to avoid CBP altogether.

Importers, Customs Brokers, Regulatory Affairs Professionals, and others engaged in the importation of goods into the United States are encouraged to attend either live on October 6, 2021 at 12:00 PM, or on demand thereafter. Register Here

Jennifer Diaz Presenting at Global Trade Educational Conference 2021

Jennifer Diaz — Tue, 06 Jul 2021 12:45:50 +0000

The NCBFAA Educational Institute invites all global logistics professionals to its 7th Annual Global Trade Educational Conference (GTEC). This two-day event in Baltimore, MD will give customs brokers, freight forwarders, NVOCCs, OTI, service providers, importers, exporters and all global logistics professionals an opportunity to update themselves on industry developments and connect with colleagues new and old.

Join us IN PERSON in Baltimore, MD, July 26-27, 2021. NCBFAA NEI and hotel staff will be complying with all state and venue COVID-19 protocols so you can feel safe attending the event! Virtual attendance is available, so you can gain knowledge from anywhere!

All trade professionals, regardless of membership or affiliation, are invited to join to:

Learn from industry subject matter experts on today’s pressing matters
Get an opportunity to voice your questions to federal, state and industry experts about the latest issues affecting your business
Acquire fresh ideas by networking with business colleagues while meeting new people

Diaz Trade Law is enthusiastic to announce that our President, Jennifer Diaz will be a featured speaker alongside Adrienne Braumiller on the topic “Update on CBP Enforcement Efforts: IPR, Section 301, 232, AD/CVD” taking place on July 27th from 9:00 am to 10:30 am EST.

As we all know, Intellectual Property Rights, AD/CVD, Section 301 and 232 are all things on CBP’s priority list for enforcement. What do you have in place to make sure you are complying with the regulations? What have you done to assure yourself that your imports are not affected by the rules, and if they are, how you are managing the additional complexity of these movements?

Learn More About Jen Diaz!

President and Founder of Diaz Trade Law, Jennifer (Jen) Diaz is a Chambers ranked, Board Certified International Attorney specializing in customs and international trade. For more than 15 years, Jen has provided legal advice and customized training on import and export compliance to industry, with a strong record of success in mitigating federal administrative enforcement actions.

Jen has received many accolades from the legal community, including being recognized by “Super Lawyers” as a Top International Attorney, having an AV rating of “Superb,” and serving as President of the Organization of Women in International Trade (2018-2019).

A frequent media commentator, Jen has authored book chapters, journal articles, and other articles for The Florida Bar, the American Bar Association, Bloomberg Law, and others. Jen is Editor of “Customs & International Trade Law,” a blog recognized by the U.S. Library of Congress as being an important part of the legal historical record.

An Introduction to Safeguard Investigations

Jennifer Diaz — Thu, 06 May 2021 12:45:24 +0000

What is Section 201 ?

Section 201 of the Trade Act of 1974 provides import relief measures (also known as Safeguards) for domestic industries. The measures provide temporary relief for U.S. industries when competitor imports increase so significantly that they cause serious injury or threat to the domestic industry. The Safeguard measures are temporary – they allow the U.S. President to raise import duties or impose nontariff barriers on goods entering the United States for a limited period so that domestic industry is given sufficient time to adjust to the competition.

How do Section 201 Actions Work?

Safeguard actions allow the President to impose temporary duties and other trade measures on imports of certain items if the U.S. International Trade Commission (“USITC”) determines that a surge in imports for a given product is a substantial cause or threat of serious injury to a U.S. industry. Safeguard actions are permitted by Article XIX of the Global Agreement on Trade and Tariffs (“GATT”) treaty of 1994. Safeguard actions do not require a finding of unfair trade practices as is required in anti-dumping and countervailing duties cases.

Section 201 Procedures

Section 201 investigations are generally initiated when a written petition is filed by a trade association, firm, union, or group of workers representing a particular U.S. industry. The petition must include a plan to facilitate the industry’s positive adjustment to import competition. An injury investigation is then conducted by the USITC.

The USITC investigates whether the trade association, firm, union, or group of workers is being

seriously injured or threatened with serious injury; and,
if there is such injury or threat of injury, whether an increase in imports is a “substantial cause” of the injury or threat of injury.

If the USITC makes an affirmative determination of both counts above, the USITC transmits its recommendation to the President explaining that relief would prevent or remedy the injury caused by the surge in imports and facilitate industry adjustment to import competition. The final decision on whether to grant relief, in what manner to grant relief (i.e., impose tariff or utilize non-tariff measures) and how much relief to grant is determined by President.

Recent Section 201 Investigations

Imported Solar Cells and Modules (Solar)

On April 26, 2017, Georgia-based solar manufacturer Suniva filed a 201 petition with the USITC seeking Safeguard tariffs on foreign-made crystalline silicon photovoltaic (“CSPV”) solar cells and solar modules made with foreign CSPV cells. SolarWorld Americas soon after joined the case.

The USITC conducted an investigation and determined that there had, in fact, been serious injury to the domestic industry. Accordingly, on January 22, 2018, President Trump imposed tariffs of approximately 30% on solar panel imports set to drop by 5% annually in each of the subsequent three years. The tariffs were meant to help revive the U.S. solar panel-producing industry.

Safeguard Tariffs on Imported Solar Cells and Modules
Year	2018	2019	2020	2021
Tariff Rate	30%	25%	20%	15%

* First 2.5 gigawatt of imported cells are excluded from the additional tariff.

On February 7, 2020, the USITC issued a report monitoring developments with respect to the domestic solar industry. In the report, the USITC found that due to the imposition of the Safeguard measure, prices for CSPV cells and modules declined in a manner consistent with historical trends, but were higher than they would have been without the Safeguard measure. Trump affirmed the report in a proclamation stating that the domestic industry has begun to make positive adjustments to import competition, shown by the increases in domestic module production capacity, production, and market share.

Imported Large Residential Washing Machines (Washers)

In May 2017, Whirlpool Corporation (“Whirlpool”) filed a Safeguard petition which was backed by GE Appliances (“GEA”). Whirlpool argued that South-Korea-based Samsung and LG Corporation (“LG”) repeatedly relocated their large residential washer production facilities to avoid anti-dumping duties levied by the U.S. Commerce Department. For example, in 2012 after Whirlpool successfully persuaded the U.S. Commerce Department to impose duties on imported washers made in South-Korea and Mexico, Samsung and LG shifted production to China. The change was short-lived as Samsung and LG moved production to Vietnam and Thailand after reports from Whirlpool Corporation that they were engaging in unfair trade to gain market share with their washers coming from China.

After the USITC conducted investigations and positively found that relief was warranted, the U.S. President applied a tariff-rate quota (“TRQ”) on all washing machine imports except those from Canada over a three-year period. Tariff-rate quotas, which is a two-tiered tariff regime (Quota + Tariff) allow lower tariff rate on imports of a given product within a specified quantity and require a higher tariff rate on imports exceeding that quantity. Following a recommendation from the USITC, Trump imposed safeguard tariffs on imported residential washing machines.

On January 14, 2021, Trump further extended the tariff-rate quotas on imports of large residential washers and covered partners through 2023.

In the January 14 Proclamation, Trump stated,

I have determined that the action continues to be necessary to prevent or remedy the serious injury to the domestic washers industry and there is evidence that the domestic washers industry is making a positive adjustment to import competition, and I have further determined to extend the safeguard measure.

Imported Blueberries

In late September 2020, Florida specialty crop growers filed a Safeguard petition about a surge in imports of blueberries into the U.S. market, particularly from Mexico and Peru. After an extensive investigation the USITC determined in a unanimous vote on February 11, 2021 that imports of fresh, chilled, or frozen blueberries had not increased in quantities sufficient to be a serious cause of injury to the domestic industry.

What You Should Do

If you are a member of a U.S. domestic industry feeling the strain of a sudden surge in import competition, we can evaluate whether the surge in imports of similar products meets the threshold of causing serious or threatening to cause serious injury to your specific industry. If warranted, we can also assist you in filing your petition.

Diaz Trade Law also assists U.S. importers or foreign exporters on Safeguard matters. U.S. importers and foreign exporters are advised to be aware of the dangers of falling within the scope of an ITC investigation. These investigations could end in the imposition of tariffs on the importation of such products in the United States. Importers should ensure that their products are not affected by Section 201 measures by ensuring that they implement strategies to mitigate the impact of tariffs on their goods and services.

Diaz Trade Law has vast experience on Section 201 measures and other import matters. We offer various services which include: 1) verifying your HTS classification, 2) advice on what to do if you’re a U.S. importer/foreign exporter to the U.S. that has been impacted, 3) study trade data to determine whether there is a surge. If you suspect that you may be impacted by the Safeguard measures, reach out to us for guidance on how to proactively respond to the actions.

Contact Us

If you have questions about Section 201 or any other customs or trade matter, contact us today at info@diaztradelaw.com or 305-456-3830.

301 Exclusion Extensions for COVID-19 Related Products

Jennifer Diaz — Tue, 13 Apr 2021 12:45:10 +0000

On March 10, 2021, via Federal Register Notice ( 86 FR 13785), the United States Trade Representative (USTR) announced that 99 medical product exclusions will be extended from March 31, 2021, to September 30, 2021. This action extends a previous USTR action which extended these exclusions from December 31, 2020, to March 31, 2020 (85 FR 85831). According to CSMS #46607637 – GUIDANCE: Section 301 China Duties Extension of Product Exclusions, the exclusions listed are available for any product that meets the description as set out in the Annexes to 85 FR 85831. U.S. Customs and Border Protection (CBP) also clarifies that the scope of the exclusion for a given product is its 10-digit HTS heading and the product description provided in the Annexes to 85 FR 85831, not by the product descriptions set out in any particular request for exclusion.

In CSMS #46607637, CBP also provides guidance for importers, brokers, and other related parties:

Per 85 FR 85831 Annex A, in addition to reporting the regular Chapters 84, 85, and 90 classifications of the HTS for the imported merchandise, importers shall report the HTS classification 9903.88.62 (Articles, the product of China related to Tranche 1 – $34B Action, as provided for in U.S. note 20(ooo) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
Per 85 FR 85831 Annex B, in addition to reporting the regular Chapters 39, 84, and 90 classifications of the HTS for the imported merchandise, importers shall report the HTS classification 9903.88.63 (Articles, the product of China related to Tranche 2 – $16B Action, as provided for in U.S. note 20(ppp) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
Per 85 FR 85831 Annex C, in addition to reporting the regular Chapters 28, 34, 38, 39, 40, 48, 56, 65, 84, 85, and 90 classifications of the HTS for the imported merchandise, importers shall report the HTS classification 9903.88.64 (Articles, the product of China related to Tranche 3 – $200B Action, as provided for in U.S. note 20(qqq) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
Per 85 FR 85831 Annex D, in addition to reporting the regular Chapters 34, 39, 40, 48, 52, 55, 61, 62, 63, and 90 classifications of the HTS for the imported merchandise, importers shall report the HTS classification 9903.88.65 (Articles, the product of China related to Tranche 4A – $300B Action, as provided for in U.S. note 20(rrr) to this subchapter, each covered by an exclusion granted by the USTR for imported merchandise subject to the exclusion).
Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 duties when HTS 9903.88.62, 9903.88.63, 9903.88.64, or 9903.88.65 are submitted.

Further, USTR may make additional modifications to remove Section 301 duties from other medical-care products to address COVID-19. CBP issued guidance on the 301 exclusion extensions and modifications on December 30, 2020, explaining its intentions to modify the 301 duties as appropriate.

Contact Us

For background information on Section 301 China tariffs and numerous ways to mitigate the effect of the China tariffs, check out our previous blogs. Diaz Trade Law has assisted clients in assessing their best options to prepare or mitigate the China tariffs and submitted comments and exclusion requests. If you need assistance understanding the USTR announcement or navigating China 301 tariffs, our Customs and International Law attorneys are available at 305-456-3830 or info@diaztradelaw.com.

***

Detailed Scope of Extension

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on April 1, 2021, and before 11:59 p.m. eastern daylight time on September 30, 2021, each of the article descriptions of headings 9903.88.62, 9903.88.63, 9903.88.64 and 9903.88.65 of the Harmonized Tariff Schedule of the United States are modified by deleting “March 31, 2021,” and by inserting “September 30, 2021,” in lieu thereof.

ANNEXES A—D:

by inserting the following new heading 9903.88.62, 9903.88.63, 9903.88.64, or 9903.88.65, respectively, in numerical sequence, with the new material in the new heading inserted in the columns of the HTSUS labeled “Heading/Subheading”, “Article Description”, and “Rates of Duty 1-General”, respectively:

ANNEX	Heading/ Subheading:	Description	Rates of Duty
			1	2
			General	Special
A	“9903.88.62	Effective with respect to entries on or after April 1, 2021, and through September 31, 2021, articles the product of China, as provided for in U.S. note 20(ooo) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative…..	The duty provided in the applicable subheading”
B	“9903.88.63	Effective with respect to entries on or after April 1, 2021, and through September 31, 2021, articles the product of China, as provided for in U.S. note 20(ppp) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative…..	The duty provided in the applicable subheading”
C	“9903.88.64	Effective with respect to entries on or after April 1, 2021, and through September 31, 2021, articles the product of China, as provided for in U.S. note 20(qqq) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative…..	The duty provided in the applicable subheading”
D	“9903.88.65	Effective with respect to entries on or after April 1, 2021, and through September 31, 2021, articles the product of China, as provided for in U.S. note 20(rrr) to this subchapter, each covered by an exclusion granted by the U.S. Trade Representative…..	The duty provided in the applicable subheading”

ANNEX A – 9903.88.62: by inserting the following new U.S. note 20(ooo) to subchapter 99 in numerical sequence: “(ooo) The USTR determined to establish a process by which particular products classified in heading 9903.88.01 and provided for in U.S. notes 20(a) and 20(b) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.01. See 83 FR 28710 (June 20, 2018) and 83 FR 32181 (July 11, 2018). Following its request for public comment in March, USTR determined that, as provided for in heading 9903.88.62, the additional duties provided for in heading 9903.88.01 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

#	Article Description	Statistical Reporting Number
(1)	Disposable plastic filters of a kind suitable for filtering and dehumidifying a patient’s breath in a medical device such as a gas analyzer	8421.39.8090
(2)	S-band and X-band linear accelerators designed for use in radiation surgery or radiation therapy equipment	9018.11.9000
(3)	Disposable electrocardiograph (ECG) electrodes	8543.10.1000
(4)	Ultrasonic scanning apparatus, each having dimensions not exceeding 122 cm by 77 cm by 127 cm, whether or not presented with transducer	9018.12.0000
(5)	Blood pressure monitors suitable for use by medical professionals	9018.19.9530
(6)	Digital peak flow meters suitable for use by medical professionals	9018.19.9550
(7)	Fingertip pulse oximeters suitable for use by medical professionals	9018.19.9550
(8)	Bismuth germanate crystals with set dimensional and surface finish requirements and used as a detection element in Positron Emission Tomography (PET) detectors	9018.19.9560
(9)	Magnetic resonance imaging (“MRI”) patient enclosure devices, each incorporating radio frequency and gradient coils	9018.19.9560
(10)	Parts and accessories of capnography monitors	9018.19.9560
(11)	Disposable surface electrodes for intra-operative neuromonitoring (“IONM”) systems, each composed of a surface electrode pad, an insulated wire, and a standard DIN 42802 connector	9018.19.9560
(12)	Otoscopes	9018.90.2000
(13)	Anesthesia masks	9018.90.3000
(14)	Anesthetic instruments and appliances suitable for use in medical or surgical sciences, and parts of accessories of the foregoing	9018.90.3000
(15)	Electrosurgical cautery pencils with electrical connectors	9018.90.6000
(16)	Printed circuit board assemblies designed for use in displaying operational performance of medical infusion equipment	9018.90.7580
(17)	Combined positron emission tomography/computed tomography (PET/CT) scanners which utilize multiple PET gantries (frames) on a common base	9022.12.0000
(18)	X-ray tables	9022.90.2500
(19)	X-ray tube housings and parts thereof	9022.90.4000
(20)	Multi-leaf collimators of radiotherapy systems based on the use of X-ray	9022.90.6000
(21)	Parts and accessories, of metal, for mobile X-ray apparatus	9022.90.6000
(22)	Vertical stands specially designed to support, contain or adjust the movement of X-ray digital detectors, or the X-ray tube and collimator in complete X-ray diagnostic systems	9022.90.6000
(23)	Thermoplastic masks of polycaprolactone for the use of immobilizing patients, during the use of alpha, beta or gamma radiations, for radiography or radiotherapy	9022.90.9500
(24)	Inoculator sets of plastics each consisting of a plate with multiple wells, a display tray, and a lid; when assembled, the set measuring 105 mm or more but not exceeding 108 mm in width, 138 mm or more but not exceeding 140 mm in depth, and 6.5 mm or less in thickness	9027.90.5650

The technical amendments to the exclusions to certain Notes to Subchapter III of Chapter 99 of the HTSUS can be found below:

Notes:	(Old) Modified by deleting…	(New) … and, in lieu thereof, inserting…
20(a)	“or (12)”	“(12)”; and by inserting “; or (13) heading 9903.88.62 and U.S. note 20(ooo) to subchapter III of chapter 99″ after the phrase “U.S. note 20( mmm) to subchapter III of chapter 99”
20(b)	“or (12)”	“(12)”; and by inserting “; or (13) heading 9903.88.62 and U.S. note 20(ooo) to subchapter III of chapter 99” after the phrase “U.S. note 20(mmm) to subchapter III of chapter 99”, where it appears at the end of the sentence.
Article Description of heading: 9903.88.01	“9903.88.58 or”	9903.88.58; and by inserting “or 9903.88.62,” after “9903.88.60,”

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on January 1, 2021, the exclusion for certain inoculator sets of plastics that is provided for in heading 9903.88.06 and U.S. note 20(i)(32) to subchapter III of chapter 99 of the HTSUS is deleted.

ANNEX B – 9903.88.63: by inserting the following new U.S. note 20(ppp) to subchapter 99 in numerical sequence: “(ppp) The USTR determined to establish a process by which particular products classified in heading 9903.88.02 and provided for in U.S. notes 20(c) and 20(d) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.02. See 83 FR 40823 (August 16, 2018) and 83 FR 47326 (September 18, 2018). Following its request for public comment in March, USTR determined that, as provided for in heading 9903.88.63, the additional duties provided for in heading 9903.88.02 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

#	Article Description	Statistical Reporting Number
(1)		9025.19.8010
(2)		9025.19.8020
(3)		9025.19.8060
(4)		9025.19.8085
(5)	Molded acrylonitrile-butadiene-styrene (ABS) tubes, of a kind used to effect the sterile transfer of fluid from a bag or vial to another container, each tube measuring 7.5 cm or more but not exceeding 23 cm in length, with an inner diameter of less than 0.65 cm and an outer diameter of less than 9 cm, one end having been angle-cut to form a spike, and having an integrated flange, less than 3 cm in diameter (splash guard) near the spike end removable polyethylene caps on each end, put up in sterile packing	3917.29.0090
(6)	Polyethylene film, 20.32 to 198.12 cm in width, and 30.5 to 2000.5 m in length, coated on one side with solvent acrylic adhesive, clear or in transparent colors, whether or not oriented, in rolls	3919.90.5060
(7)	Rectangular sheets of high-density sheets of high-density or low-density polyethylene, 111.75 cm to 215.9 cm in width, and 152.4 cm to 304.8 cm in length, with a sticker attached to mark the center of each sheet, of a kind used in hospital or surgery center operating rooms	3920.10.0000
(8)	Sheets and strips consisting of both cross-lined polyethylene and ethylene vinyl acetate, of a width greater than 1 m but not greater than, 1.5 m, and a length greater than 1.75 m but not greater than 2.6 m	3921.19.0000
(9)	Polyethylene sheet and film laminated with spunbond-spunbond-spunbond nonwoven polypropylene fabric, measuring 1.12 m or more but not over 1.52 m in width and 1.93 m or more but not over 2.29 m in length, and weighing 55 g/m^2 or more but not exceeding 88 g/m^2	3921.89.1500
(10)	Dispensers of hand-cleaning or hand-sanitizing solutions, whether employing a manual pump or a proximity-detecting battery-operated pump, each article weighing not more than 3 kg	8424.89.9000

The technical amendments to the exclusions to certain Notes to Subchapter III of Chapter 99 of the HTSUS can be found below:

Notes:	(Old) Modified by deleting…	(New) … and, in lieu thereof, inserting…
20(c)	“or (6)”	“(6)”; and by inserting “; or (7) heading 9903.88.63 and U.S. note 20(ppp) to subchapter III of chapter 99″ after the phrase “U.S. note 20( nnn) to subchapter III of chapter 99” where it appears at the end of the sentence.
20(d)	“or (6)”	“(6)”; and by inserting “; or (7) heading 9903.88.63 and U.S. note 20(ppp) to subchapter III of chapter 99” after the phrase “U.S. note 20(nnn) to subchapter III of chapter 99”, where it appears at the end of the sentence.
Article Description of heading: 9903.88.02	“9903.88.59 or”	9903.88.59 and by inserting “or 9903.88.63,” after “9903.88.61,”

ANNEX C – 9903.88.64: by inserting the following new U.S. note 20(qqq) to subchapter 99 in numerical sequence: “(qqq) The USTR determined to establish a process by which particular products classified in heading 9903.88.03 and provided for in U.S. notes 20(e) and 20(f) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.03, and by which particular products classified in heading 9903.88.04 and provided for in U.S. note 20(g) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.04. See 83 FR 47974 (September 21, 2018) and 84 FR 29576 (June 24, 2019). Following its request for public comment in March, USTR determined that, as provided for in heading 9903.88.64, the additional duties provided for in heading 9903.88.03 or in heading 9903.88.04 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

#	Article Description	Statistical Reporting Number
(1)		3808.94.1000
(2)		3808.94.5010
(3)		3808.94.5090
(4)		3808.94.5090
(5)		3923.21.0095
(6)		3926.20.9050
(7)		4015.19.1010
(8)		4819.50.4060
(9)		5603.12.0090
(10)		5603.14.0090
(11)		5603.92.0090
(12)		5603.93.0090
(13)		6506.00.8015
(14)		8424.90.9080
(15)	Sodium metal (CAS No. 7440-23-5), in bulk solid form	2805.11.0000
(16)	Disposable cloths of nonwoven textile materials impregnated, coated or covered with organic surface-active preparations for washing the skin, put up for retail sale	3401.30.5000
(17)	Hand soaps and hand sanitizers in the form of liquid or cream put up for retail sale, other than hand sanitizers of heading 3808	3401.30.5000
(18)	Organic surface-active liquid for washing the skin, not containing any aromatic or modified aromatic surface-active agent, put up for retail sale in a bottle of plastics with pump-action top, each bottle measuring not more than 17 cm in width, not more than 27 cm in height and not more than 6.5 cm in length and with a net weight of not more than 0.5 kg	3401.30.5000
(19)	Mixtures containing 2- (dimethylamino) ethanol (CAS No. 108-01-0)	3824.99.9297
(20)	Silicon monoxide (SiO) (CAS No. 10097-28-6) in powder form	3824.99.9297
(21)	Flexible gas sampling tubes, pipes and hoses, of polyvinyl chloride, with lock connectors at each end	3917.33.0000
(22)	Flexible oxygen tubes, pipes and hoses presented with integrated molded connectors, of polyvinyl chloride	3917.33.0000
(23)	Container units of plastics, each comprising a tub and lid therefore, configured or fitted for the conveyance, packaging, or dispensing of wet wipes	3923.10.9000
(24)	Sacks and bags of polymers of ethylene, reclosable, qualifying as Class 1 medical devices by the U.S. Food and Drug Administration (FDA) under product code NNI	3923.21.0030
(25)	Injection molded polypropylene plastic caps or lids each weighing not over 24 grams designed for dispensing wet wipes	3923.50.0000
(26)	Aprons, of plastics, of kind used as personal protection equipment	3926.20.9010
(27)	Seamless disposable gloves of acrylonitrile butafiene rubber, other than for surgical or medical use	4015.19.1010
(28)	Seamless disposable gloves of natural rubber latex, other than for surgical or medical use	4015.19.1010
(29)	Nonwoven fabrics of man-made fibers, weighing no more than 25 g/m^2 but no more than 70 g/m^2, with a smooth or embossed texture (not impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers), in rolls that are pre-slitted in lengths of not less than 15 cm to not more than 107 cm, for use in the manufacture of personal care wipes	5603.12.0090
(30)	Hand pumps (other than for fuel or lubricants, not fitted or designed to be fitted with a metering device), each used to dispense a metered quantity of liquid soap or sanitizer	8531.20.0000
(31)	Hand pups for liquids (other than those of subheading 8413.11 or 8413.19) of acrylonitrile butadiene styrene (ABS) plastics	8531.20.0000
(32)	Indicator panels incorporating LEDs, designed for use in medical infusion equipment	8531.20.0040
(33)	Data input devices each with display capabilities of a kind used for magnetic resonance imaging (“MRI”) equipment, computed tomography (“CT”) equipment, intraoperative X-ray (“IXR”) equipment or patient monitors	8537.10.9170
(34)	Compound binocular optical microscopes (other than stereoscopic microscopes and microscopes for photomicrography, cinemicrography or mictroprojection), each with magnification of 40X or more but not exceeding	9011.80.0000
(35)	Compound optical microscopes (other than stereoscopic microscopes for photomicrography, cinemicrography or mictroprojection), each with magnification of 40X or more but not exceeding 40X, weighing not more than 15 kg	9011.80.0000

The technical amendments to the exclusions to certain Notes to Subchapter III of Chapter 99 of the HTSUS can be found below:

Notes:	(Old) Modified by deleting…	(New) … and, in lieu thereof, inserting…
20(e)	“or (15)”	“(15)”; and by inserting “; or (16) heading 9903.88.64 and U.S. note 20(qqq) to subchapter III of chapter 99″ after the phrase “U.S. note 20( iii) to subchapter III of chapter 99”, where it appears at the end of the sentence
20(f)	“or (15)”	“(15)”; and by inserting “; or (16) heading 9903.88.64 and U.S. note 20(qqq) to subchapter III of chapter 99” after the phrase “U.S. note 20(iii) to subchapter III of chapter 99”, where it appears at the end of the sentence.
20(g)	“or (8)”	“(8)”; and by inserting “; or (9) heading 9903.88.64 and U.S. note 20(qqq) to subchapter III of chapter 99” after the phrase “U.S. note 20(aaa) to subchapter III of chapter 99”, where it appears at the end of the sentence.
Article Description of heading: 9903.88.03	“9903.88.48 or”	9903.88.48; and by inserting “or 9903.88.64,” after “9903.88.56,”
Article Description of heading: 9903.88.04	“9903.88.48 or”	9903.88.48; and by inserting “or 9903.88.64,” after “9903.88.56,”

ANNEX D – 9903.88.65: by inserting the following new U.S. note 20(rrr) to subchapter 99 in numerical sequence: “(rrr) The USTR determined to establish a process by which particular products classified in heading 9903.88.15 and provided for in U.S. notes 20(r) and 20(s) to this subchapter could be excluded from the additional duties imposed by heading 9903.88.15. See 84 FR 43304 (August 20, 2019) and 84 FR 45821 (August 30, 2019); 84 FR 57144 (October 24, 2019) 85 FR 3741 (January 22, 2020). Following its request for public comment in March, USTR determined that, as provided for in heading 9903.88.65, the additional duties provided for in heading 9903.88.15 shall not apply to the following particular products, which are provided for in the enumerated statistical reporting numbers:

#	Article Description	Statistical Reporting Number
(1)		3401.19.0000
(2)		3926.90.9910
(3)		4015.19.0510
(4)		4015.19.0550
(5)		4818.90.0000 prior to July 1, 2020; 4818.90.0020 or 4818.90.0080 effective July 1, 2020
(6)		5210.11.4040
(7)		5210.11.6020
(8)		5504.10.0000
(9)		6210.10.5010
(10)		6210.10.5090
(11)		6307.90.6090
(12)		6307.90.6800
(13)		6307.90.7200
(14)	Face shields of transparent plastics, whether or not assembled	3926.90.9950
(15)	Bowls of molded plastics, with clips for retaining guide wires during surgical procedures	3926.90.9990 prior to July 1, 2020; 3926.90.9985 effective July 1, 2020
(16)	Coverings, of plastics, designed to fit over wound sites or casts thereby forming a protective seal for keeping the covered area dry and debris free while showering or bathing	3926.90.9990 prior to July 1, 2020; 3926.90.9985 effective July 1, 2020
(17)	Disposable graduated medicine dispensing cups of plastics	3926.90.9990 prior to July 1, 2020; 3926.90.9985 effective July 1, 2020
(18)	Single-use sterile drapes and covers of plastics, of a kind used to protect the sterile field in surgical operating rooms	3926.90.9990 prior to July 1, 2020; 3926.90.9985 effective July 1, 2020
(19)	Sterile decanters of polystyrene plastics, each of a kind used to transfer aseptic fluids or medication to and from sterile bags, vials or glass containers	3926.90.9990 prior to July 1, 2020; 3926.90.9985 effective July 1, 2020
(20)	Gloves, containing less than 50 percent by weight of textile fibers, coated with rubber or plastics designed for enhanced grip	6116.10.6500
(21)	Cold packs consisting of a single0use, instant, endothermic chemical reaction cold pack combined with a textile exterior lining	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(22)	Disposable shoe and boot covers of man-made fiber fabrics	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(23)	Face masks and particulate facepiece respirators, of textile fabrics	6307.90.9889 prior to July 1, 2020; 6307.90.9845; 6307.90.9850; 6307.90.9870; or 6307.90.9875 effective July 1, 2020
(24)	Hot packs of textile material, single-use (exothermic chemical reaction)	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(25)	Laparotomy sponges of cotton	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(26)	Single-use blood pressure cuff sleeves of textile materials	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(27)	Single-use medical masks of textile material	6307.90.9889 prior to July 1, 2020; 6307.90.9845; 6307.90.9850; or 6307.90.9870 effective July 1, 2020
(28)	Single-use stethoscope covers	6307.90.9889 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(29)	Woven gauze sponges of cotton in square or rectangular sizes	6307.90.9899 prior to July 1, 2020; 6307.90.9891 effective July 1, 2020
(30)	Protective Articles	9004.90.0000 prior to January 1, 2021; 9004.90.0010 or 9004.90.0090 effective January 1, 2021

The technical amendments to the exclusions to certain Notes to Subchapter III of Chapter 99 of the HTSUS can be found below:

Notes:

(Old) Modified by deleting…

(New) … and, in lieu thereof, inserting…

20(r)

“or (9)”

“(9)”; and by inserting “; or (10) heading 9903.88.65 and U.S. note 20(rrr) to subchapter III of chapter 99″ after the phrase “U.S. note 20( jjj) to subchapter III of chapter 99”

Article Description of heading: 9903.88.15

“9903.88.55 or”

9903.88.55; and by inserting “or 9903.88.65,” after “9903.88.57,”

Table A contains a list of the original exclusions and corresponding Chapter 99 Heading and Note 20 Subdivision for the first extension and the current extension. Additionally, the table indicates which Annex to this notice the extension appears:

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