Jennifer Diaz, President, Diaz Trade Law

Amber Pirson, Attorney, Diaz Trade Law

FinCEN’s March 30, 2026, Notice of Proposed Rulemaking (NPRM) marks a major step toward fully operationalizing the agency’s whistleblower program, designed to incentivize reporting of Bank Secrecy Act (BSA), sanctions, IEEPA, and other illicit finance violations. The proposal outlines how whistleblowers can securely submit information, how awards will be determined, and what protections will be available.  

This development reflects the Treasury Department’s broader strategy to strengthen financial system integrity and encourage actionable tips that support enforcement efforts. For financial institutions, compliance professionals, and potential whistleblowers, the NPRM provides long‑awaited clarity on program structure and expectations. 

Overview of the Proposed Rule 

FinCEN’s NPRM proposes a comprehensive framework for administering whistleblower submissions and awards. Key elements include: 

• Secure submission procedures for individuals reporting suspected violations of the BSA, OFAC sanctions, and related laws. 
• Eligibility criteria for whistleblower awards, including documentation requirements and timelines. 
• Award ranges of 10–30% of monetary penalties collected when a whistleblower’s information leads to a successful enforcement action. 
• Robust protections for individuals who provide information, including confidentiality and anti‑retaliation safeguards. 

These provisions aim to encourage early, detailed reporting while ensuring whistleblowers are shielded from adverse consequences. 

Why FinCEN Is Prioritizing Whistleblower Incentives 

The NPRM aligns with Treasury’s broader efforts to combat fraud, sanctions evasion, and illicit finance. On the same day, FinCEN issued an advisory highlighting how transnational criminal organizations exploit federal and state health care programs—underscoring the need for timely, credible tips from insiders. Treasury Secretary Scott Bessent emphasized that whistleblowers play a critical role in protecting U.S. national security and ensuring taxpayer funds are not diverted to criminal activity. 

By formalizing award structures and protections, FinCEN seeks to increase the volume and quality of reports that can lead to enforcement actions. 

What Financial Institutions Should Know 

Financial institutions should closely review the NPRM and consider how it may affect internal compliance programs. Key considerations include… 

• Enhanced reporting expectations: Institutions may see increased whistleblower activity and should ensure internal reporting channels are well‑defined. 
• Documentation and recordkeeping: Detailed records may become even more important as whistleblower tips could trigger investigations. 
• Training and awareness: Employees should understand both internal reporting options and the existence of FinCEN’s external whistleblower portal. 

FinCEN encourages public comments within 60 days of the NPRM’s publication in the Federal Register. The official notice is available here. 

Whistleblowing and IEEPA 

While the proposed rule offers rewards for reporting fraud-related violations of IEEPA, it is unclear whether FinCEN will consider reports of unpaid IEEPA duties to be valid claims of fraud. Given the U.S. Supreme Court’s ruling, which determined that President Trump’s use of IEEPA to impose tariffs was unlawful, companies subject to such whistleblowing reports may have a strong claim of defense.   

Final Thoughts: Take Action Today! 

FinCEN’s proposed whistleblower framework represents a significant shift in how illicit finance violations may come to light. Financial institutions, compliance officers, and legal practitioners should proactively assess the NPRM’s implications and prepare for increased scrutiny and reporting activity. If your organization needs guidance navigating BSA/AML obligations, whistleblower‑related risks, or comment submission strategies, Diaz Trade Law is ready to assist with FinCEN compliance. 

Learn more: 

• DOJ Targets Trade Fraud: Importers Now on Notice as Criminal Division Ramps Up Enforcement 
• Bloomberg Law: Voluntary Self-Disclosures: Recent Guidance From BIS, OFAC & DOJ 
• BIS Issues Guidance to Financial Institutions on Best Practices for Compliance with the Export Administration Regulations 

The Court rejected the Trump Administration’s assertion that the statutory text of IEEPA delegates Congressional tariff powers to the President, finding that Congress would not have delegated “highly consequential power” through ambiguous language.

The majority wrote, “Based on two words separated by 16 others in … IEEPA, ‘regulate’ and ‘importation’–the President asserts the independent power to impose tariffs on imports from any country, of any product, at any rate, for any amount of time. Those words cannot bear such weight.”

The decision was 6-3, with Justice Thomas, Alito, and Kavanaugh dissenting.

What This Means for Importers

The Trump Administration has made clear that, regardless of the Supreme Court’s decision, tariffs will remain a cornerstone of their trade and “America First” policy. 

On January 9, 2026, National Economic Council Director Kevin Hassett said of the Supreme Court case: “Our expectation is that we’re going to win, and if we don’t win, then we know that we’ve got other tools that we can use that get us to the same place.” He also said in a Fox Business Interview that the Administration has a backup plan ready to go that would allow tariffs to be put “back into place almost immediately, should the Supreme Court rule against us.”

IEEPA is just one of the legislative avenues the Administration has to impose tariffs. Below is a summary of tariff tools available to the Administration.

The Administration will almost certainly pivot to another legal authority to maintain the current tariffs. 

Because the Supreme Court has upheld the Federal Circuit’s decision, the case is remanded to the Court of International Trade to determine whether it can issue a nationwide injunction, which we hope the Court of International Trade will resolve quickly.  

Importers who have filed suit at the Court of International Trade should be eligible to get their own injunction. Further, an individual injunction may not be required, given the Supreme Court decision. The key at this moment is how the Court of International Trade will implement the Supreme Court’s decision.  

We are confident that importers who have filed suit in the Court of International Trade should be eligible to receive refunds for the IEEPA Tariffs they paid. However, the Court of International Trade will need to provide specific instructions for issuing refunds. We are actively monitoring and will advise as soon as we have more information from the Court of International Trade.  

What Importers Should Do

Importers should view the current tariff environment as a long-term reality and proactively invest in strategies that legally minimize their duty exposure. There are several ways to LEGALLY minimize tariffs, including:

• Duty drawback
• Tariff engineering
• Country of origin change
• First sale
• Duty deferral
• Negotiate DDP Incoterms

Importers should also invest in compliance. The U.S. government has signaled that enforcement of trade law is a top priority and has levied hefty fines and even initiated criminal cases against importers evading duties.

Importers should:

• Conduct internal audits
• Refresh classification procedures
• Ensure the accuracy of valuation practices
• Revisit supplier agreements
• Tighten broker oversight
• Leverage technology
• Develop training for staff
• Strengthen recordkeeping practices
• Prepare for audits

Our office will continue to closely monitor and will keep you informed. Please review the following resources to stay informed on tariff updates and jumpstart your 2026 compliance program.

• Live Resource – Tariffs and Trade Deals
• Bloomberg Law: Tariff Classification Basics
• Bloomberg Law: Import Compliance & Training Programs
• Bloomberg Law: CBP’s Recordkeeping Requirements
• Navigating Tariff Increases: Strategies to Minimize Tariff Costs Under the Trump Administration
• Webinar: Navigating Tariff Challenges: Mitigation Tools & Tactics
• Webinar: IEEPA Tariffs, Supreme Court Developments, & Refund Implications

Diaz Trade Law can assist in auditing and/or developing importer compliance programs, setting up importer ACE accounts, and executing strategies to minimize duties. If you have questions about the IEEPA case or questions regarding any other import or export-related matter, please do not hesitate to contact our office at info@diaztradelaw.com.

Reporter Lori Ann LaRocco dives into the recent rise in customs bond insufficiency notices in her Feb. 6 article: President Trump’s tariffs fueled U.S. Customs bond market boom. Now billions hang on Supreme Court ruling.

Here are two excerpts from the piece:

“Jennifer Diaz, board-certified international attorney at Diaz Trade Law, said the number of bond insufficiency notices issued has quadrupled since 2017 and has accelerated recently due to the volatile tariff environment.”

“David Craven, counsel to Diaz Trade, said the threat of new replacement tariffs, coupled with the existing liability facing surety companies, suggests that any refunds would not be immediate. “The fact that liability has gone up, and Customs is now asking the sureties for collateral … operations are at risk, and sureties understandably don’t want to be caught holding the bag,” Craven said.”

Read the full article here.

Jennifer Diaz was also featured in a separate CNBC piece on Feb. 12: Trump tariffs leave importers with record-breaking $3.5 billion U.S. Customs bond funding shortfall.

Jen said:

“In totality, it makes sense that insufficiencies are more than double,” said Jennifer Diaz, attorney at Diaz Trade Law. “Many companies take it for granted that a $50,000 bond should be able to cover you for a one-year period,” she said. “But it might not. They are not utilizing set calculations, and don’t have anyone in their corner telling them that their bond obligation is higher.”

Read the full article here.

The Federal register notices are available here (UAS) and here (polysilicon).

BIS is specifically interested in the following information:

1. The current and projected demand for these products and the extent to which domestic production can meet this demand
2. The role of foreign supply chains, particularly of major exporters, in meeting United States demand 
3. The concentration of U.S. imports from a small number of suppliers and the associated risks
4. The impact of foreign government subsidies and predatory trade practices 
5. The economic impact of artificially suppressed prices due to foreign unfair trade practices and state-sponsored overproduction
6. The potential for export restrictions by foreign nations
7. The feasibility of increasing domestic capacity to reduce import reliance
8. The impact of current trade policies on domestic production and whether additional measures, including tariffs or quotas, are necessary to protect national security

The deadline to submit comments is August 6, 2025.

The investigations could result in new trade restrictions, including tariffs. If you import products covered under these investigations, make your voice heard by filing a comment.

Contact Diaz Trade Law for assistance in drafting comments and for help in determining how these investigations may impact your business. 

Learn more:

• BIS Releases New Edition of “Don’t Let This Happen to You”
• BIS Issues Final Rule on VSD Policies and Penalty Guidelines
• BIS Issues Guidance to Financial Institutions on Best Practices for Compliance with the Export Administration Regulations
• ICYMI: BIS Updates Boycott Requester List

Customs and Border Protection (CBP)

• President Biden signed H.R. 8982, the Bulk Infant Formula to Retail Shelves Act on October 10, 2022. Duty-free treatment will only be provided to importers of base powder to be manufactured into infant formula authorized to be marketed in the United States or subject to an enforcement discretion letter from the Food and Drug Administration (FDA). The effective date is October 13, 2022, the third day after signature.
  • Should you have questions regarding enforcement discretion, please refer to the Enforcement Discretion to Manufacturers to Increase Infant Formula Supplies FDA website.

The Office of the United States Trade Representative

• The Office of the United States Trade Representative announced the next steps in the statutory four-year review of the tariff actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation following requests for continuation from representatives of domestic industries
  • USTR is seeking public comments, consistent with the statutory directive, to consider the effectiveness of the actions in achieving the objectives of the investigation, other actions that could be taken, and the effects of the actions on the United States economy, including consumers.

United States Department of Commerce (DOC)

• Department of Commerce (DOC) announced on October 3, 2022, an opportunity to request administrative review and join annual inquiry service list for products on AD/CVD lists.  
• DOC is issuing a final rule to implement Proclamation 10414, “Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty- Free Importation of Solar Cells and Modules from Southeast Asia.” 
• DOC is amending the Export Administration Regulations (EAR) in response to Russia’s further invasion of Ukraine on February 24, 2022.
• DOC and the International Trade Commission (USITC) announced a petition filed on Oct. 12 which alleges paper file folders from China, India, and Vietnam are being sold at less than fair value in the U.S. market, and in India benefiting from countervailable subsidies. The alleged average dumping margins are 116.69 percent for China, 174.19 percent for India, and 214.53 percent for Vietnam.
• DOC and the U.S. International Trade Commission (USITC) announced on October 12, that revocation of the antidumping duty  order on certain artist canvas from China would likely lead to a continuation or recurrence of dumping and material injury to an industry in the U.S. 
• DOC determined on October 12, that POSCO and its affiliated companies, made sales of subject merchandise in the United States at less than normal value during the period of review May 1, 2020, through April 30, 2021.
  • DOC intends to disclose the
    calculations for these final results of
    review within five days of the date of
    publication of this notice in the Federal
    Register.
• DOC and the U.S. International Trade Commission (USITC) announced on October 12, that revocation of the AD/CVD orders on certain biaxial integral geogrid products from China would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the U.S.
• DOC determines that certain steel nails from the United Arab Emirates were sold in the United States at less than normal value during the period of review May 1, 2020, through April 30, 2021.
  • DOC plans to adopt the Preliminary Results as the
    final results of their review.
• DOC continues to determine that the 30 companies subject to this administrative review of the antidumping duty order on  magnesia carbon bricks from China are part of the China-wide entity because they did not demonstrate eligibility for separate rates.
  • The period of review is September 1, 2020, through August 31, 2021.

U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC)

• U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned three individuals on October 6, 2022, and one entity connected to Burma’s military regime pursuant to Executive Order (E.O.) 14014. Following the February 1, 2021, coup that overthrew Burma’s democratically elected civilian government, the military has committed numerous atrocities against people in Burma, including the violent repression of political dissent, the killing of over 2,300 innocent civilians, and displacement of more than 900,000 people. 
• OFAC on October 6, 2022, designated seven senior leaders within Iran’s government and security apparatus for the shutdown of Iran’s Internet access and the continued violence against peaceful protesters in the wake of the tragic death of 22-year-old Mahsa Amini, who was arrested for allegedly wearing a hijab improperly, and died in the custody of Iran’s Morality Police. 
• OFAC on September 30, 2022, placed hundreds of Russian individuals and entities on the Specially Designated Nationals (SDN) List in response to Russia’s illegal annexation of Ukrainian territories.  
• OFAC on September 29, 2022, sanctioned an international network of companies involved in the sale of hundreds of millions of dollars’ worth of Iranian petrochemicals and petroleum products to end users in South and East Asia. 
• OFAC on October 7,2022, designated Malaysian national Teo Boon Ching, the Teo Boon Ching Wildlife Trafficking Transnational Criminal Organization (TCO), and the Malaysian company Sunrise Greenland Sdn. Bhd. for the cruel trafficking of endangered and threatened wildlife and the products of brutal poaching. 
• OFAC on October 7, 2022, designated two individuals and three entities for activities related to the exportation of petroleum to the Democratic People’s Republic of Korea (DPRK), which directly supports the development of DPRK weapons programs and its military. 
• OFAC and Financial Crimes Enforcement Network (FinCEN) announced settlements for over $24 million and $29 million, respectively, with Bittrex, Inc. (Bittrex), a virtual currency exchange based in Bellevue, Washington. 
• OFAC is publishing one general license (GL) issued pursuant to the Iranian Transactions and Sanctions Regulations: GL D-2, which was previously made available on OFAC’s website.
• OFAC is publishing one sectoral determination issued pursuant to an April 15, 2021 Executive order, as well as a category of services determination issued pursuant to an April 6, 2022 Executive order.
• OFAC is publishing one general license (GL) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GL 13B, which was previously issued on OFAC’s website.
• OFAC is publishing nine general licenses (GLs) issued in the Venezuela Sanctions Regulations program: GLs 3, 3A, 3B, 3C, 3D, 3E, 3F, and 3G, each of which was previously issued on OFAC’s website and is now expired, as well as GL 3H, which was also previously issued on OFAC’s website.
• OFAC is publishing eight general licenses (GLs) issued in the Venezuela Sanctions Regulations program: GLs 9, 9A, 9B, 9C, 9D, 9E, and 9F, each of which was previously issued on OFAC’s website and is now expired, as well as GL 9G, which was also previously issued on OFAC’s website.
• OFAC published the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.

United States International Trade Commission (USITC)

• United States International Trade Commission (USITC) hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701-TA-682 and 731-TA-1592-1593 (Preliminary) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether there is a reasonable indication that 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 certain freight rail couplers and parts thereof from China and Mexico, provided for in subheadings 8607.30.10 and 7326.90.86 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Government of China. 

United States Department of Labor (DOL)

• Department of Labor (DOL) has updated its list of goods produced by child or forced labor on September 28, 2022, and is now comprised of 158 goods from 77 countries.  

The White House and Congress

• President Biden issued an executive order on September 15, 2022, elaborating upon existing statutory factors and include additional national security factors the Committee on Foreign Investment in the United States (CFIUS or “Committee”) must consider in its review process of a covered transaction. 
• United States Senate on September 21, 2022, ratified the Kigali Amendment which will phase down global production and consumption of hydrofluorocarbons (HFCs), super-polluting chemicals in technology markets.  
• President Biden on September 15, 2022, issued an executive order elaborating on statutory factors and additional national security factors the Committee on Foreign Investment in the United States must consider in its review process of covered transactions.

Bureau of Industry and Security (BIS)

• The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items.
  • In addition, BIS is expanding controls on transactions involving items for supercomputer and semiconductor manufacturing end uses.
• BIS is amending the Export Administration Regulations (EAR) by adding 31 persons to the Unverified List (UVL). The 31 persons of China are added to the UVL on the basis that BIS was unable to verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control.

British Broadcasting Channel (BBC)

• BBC reports that shares in major Asian computer chipmakers have fallen following the U.S. implementing a ban on American firms from selling certain chips.

Customs and Border Protection (CBP) Bulletin Weekly, Vol. 56, October 5, 2022, No. 39

• Extension and Amendment of Import Restrictions on Archaeological and Ethological Materials from Mali
  • This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension and amendment of import restrictions on certain categories of archaeological and ethnological material from the Republic of Mali (Mali) to fulfill the terms of the new agreement, titled ‘‘Agreement Between the Government of the United States of America and the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Categories of Archaeological and Ethnological Material of Mali.’’
  • The Designated List, which was last described in CBP Dec. 17–12, is amended in this document to reflect additional categories of archaeological material found throughout the entirety of Mali and additional categories of ethnological material associated with religious activities, ceremonies, or rites, and enforcement of import restrictions is being extended for an additional five years by this final rule
• Quarterly interest rates used in calculating interest on overdue accounts and refunds on Customs duties
  • This notice advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter.
  • For the calendar quarter beginning October 1, 2022, the interest rates for overpayments will be 5 percent for corporations and 6 percent for non-corporations, and the interest rate for underpayments will be 6 percent for both corporations and non-corporations
• Proposed revocation of two ruling letter and proposed revocation of treatment relating to the tariff classification of pan masala betel nut food product
  • In NY 830068 and DD H890859, CBP classified the pan masala betel nut food product in heading 2106, HTSUS, specifically in subheading 2106.90.6099, HTSUS Annotated (HTSUSA) (currently subheading 2106.90.99, HTSUS, under the 2022 HTSUS), which provides for “Food preparations not elsewhere specified or included: Other: Other: Other: Other.”
  • CBP has reviewed both NY 830068 and DD H890859 and has determined the ruling letters to be in error. It is now CBP’s position that pan masala betel nut food product is properly classified, in heading 2008, HTSUS, specifically in subheading 2008.19.9090, HTSUSA, which provides for “Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Other, including mixtures: Other, including mixtures: Other: Other.”
• New American Keg v. United States
  • Because the Department of Commerce failed to explain why it was appropriate to inflate a Mexican labor wage rate using Brazilian data and why doing so was superior to using a Brazilian labor wage rate and to identify the evidence in the administrative record that supported granting a company a separate rate, the case had to be remanded.
• Hyundai Steel Company v. United States
  • Because the Commerce Department reopened the record and necessary information was available, the court concluded that the Department’s decision to recalculate plaintiff’s dumping margin at 0.46% without applying facts available was supported by substantial evidence. Because the court sustained the Department’s decision to not use facts available in recalculating plaintiff’s dumping margin, consideration of the Department’s reiterated benefit determination in the remand results would have no practical significance and was mooted.
• United States v. Zhe “John” Liu
  • Zhe “John” Liu and GL Paper Distribution, LLC (collectively, “Liu”), has moved pursuant to USCIT Rule 12(f) to strike portions of the complaint presented by the United States (“Government”), arguing that paragraphs 5–10, 14, 16, 17, 21, 22, and the majority of paragraph 3 of the complaint are “wholly unrelated to the underlying action and contain allegations that are potentially prejudicial.”
  • Motion to strike denied
• Eteros Technologies v. United States
  • Washington State’s repeal of certain prohibitions attending marijuana-related drug paraphernalia “authorized” plaintiff such that plaintiff’s importation of component parts of an agricultural machine, which was designed to separate the leaf from the flower of cannabis or other plant material, through the Port of Blaine, Washington was exempted by the federal Controlled Substances Act, 21 U.S.C.S. § 863(f)(1), from the federal prohibition on importing drug paraphernalia.

Customs and Border Protection (CBP) Bulletin Weekly, Vol. 56, October 12, 2022, No. 40

• Extension of import restrictions on archaeological and ecclesiastical ethnological materials from Guatemala
  • This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain categories of archaeological and ecclesiastical ethnological materials from Guatemala to fulfill the terms of the new agreement, titled ‘‘Memorandum of Understanding between the Government of the United States of America and the Government of the Republic of Guatemala Concerning the Imposition of Import Restrictions on Categories Of Archaeological and Ethnological Material of Guatemala.’’
  • CBP Dec. 12–17, which contains the Designated List of archaeological and ecclesiastical ethnological material from Guatemala to which the restrictions apply, is being extended for an additional five years by this final rule.
• Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of finished wood slats and wood bottom rails with UV coatings used for window blinds
  • In NY N041645, CBP classified various wood components used for the manufacture of window blinds, including two styles of finished wood valances and wood slats that were primed and painted and three styles of finished wood slats and wood bottom rails that were either stained or painted and coated with UV coatings, in heading 4409, HTSUS, specifically in subheading 4409.29.9000, HTSUSA (“Annotated”) , which provides for “[w]ood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, molded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed: Nonconiferous: Other: Other: Other.” CBP has reviewed NY N041645 and has determined the ruling letter to be partially in error.
  • It is now CBP’s position that the finished wood slats and wood bottom rails with UV coatings used for window blinds are properly classified, in heading 4421, HTSUS, specifically in subheading 4421.99.9880, HTSUSA, which provides for “[o]ther articles of wood: Other: Other: Other: Other…Other.”
• Proposed modification of one ruling letter and proposed revocation of treatment relating to the tariff classification of woven upholstery fabrics
  • In NY N319028, CBP classified the woven upholstery fabrics (Style N1829 (Moriarty), Style D1818 (Glossary), and Style J1819 (Fringe)) in heading 5903, HTSUS, specifically in subheading 5903.90.25, HTSUS, which provides for “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other.” CBP has reviewed NY N319028 and has determined the ruling letter to be in error.
  • It is now CBP’s position that woven upholstery fabrics are properly classified, within either heading 5407, HTSUS, or heading 5515, HTSUS, dependent on the specific subject merchandise at-issue. Specifically it is CBP’s position that the first woven upholstery fabric (Style N1829 (Moriarty)) is properly classified within in subheading 5407.53.20, HTSUS, which provides for “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, including 85 percent or more by weight of textured polyester filaments: Of yarns of different colors: Other,” that the second woven upholstery fabric (Style D1818 (Glossary)) is classified within 5407.73.20, HTSUS, which provides for “Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: Other woven fabrics, containing 85 percent or more by weight of synthetic filaments: Of yarns of different colors: Other,” and that the third woven upholstery fabric (Style J1819 (Fringe)) is classified within subheading 5515.12.00, HTSUS, which provides for “Other woven fabrics of synthetic staple fibers: Of polyester stable fibers: Mixed mainly or solely with man-made filaments.”
• Proposed revocation of one ruling letter and proposed revocation of treatment relating to the tariff classification of a woman’s top
  • In NY N324185, CBP classified a woman’s top in heading 6211, HTSUS, specifically in subheading 6211.42.10, HTSUS, which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of cotton: Other.” CBP has reviewed NY N324185 and has determined the ruling letter to be in error.
  • It is now CBP’s position that the woman’s top is properly classified in heading 6206, HTSUS, specifically in subheading 6206.30.30, HTSUS, which provides for “Women’s or girls’ blouses, shirts and shirt-blouses: Of cotton: Other: Other.”
• Proposed revocation of one ruling letter and proposed revocation of treatment relating to the tariff classification of metal storage lockers and cabinets for garage use
  • In NY N310710, CBP classified the metal storage lockers and cabinets in heading 9403, HTSUS, specifically in subheading 9403.20.0081, HTSUSA (Annotated), which provides for “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures: Other”. CBP has reviewed ruling letter to be in error.
  • It is now CBP’s position that the metal locker cabinets are properly classified, in heading 9403, HTSUS, specifically in subheading 9403.20.0050, HTSUSA, which provides for “Other furniture and parts thereof: Other metal furniture: Household: Other: Other
• Proposed revocation of one ruling letter and proposed revocation of treatment relating to the tariff classification of cast-iron cylinder heads and block castings
  • In NY N312073, CBP classified cast-iron cylinder heads and block castings in heading 8409, HTSUS, specifically in subheading 8409.99.91, HTSUS, which provides for “Parts suitable for use solely or principally with the engines of heading 8407 or 8408: Other: Other: Other: For vehicles of subheading 8701.20, or heading 8702, 8703 or 8704.” CBP has reviewed NY N312073 and has determined the ruling letter to be in error.
  • It is now CBP’s position that cast-iron cylinder heads and block castings are properly classified in heading 8409, HTSUS, specifically in subheading 8409.99.10, HTSUS, which provides for “Parts suitable for use solely or principally with the engines of heading 8407 or 8408: Other: Other: 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.”
• Proposed revocation of one ruling letter, proposed modification of one ruling letter and proposed revocation of treatment relating to the country of origin of certain air purifiers
  • In NY N322681, CBP determined that the air purifiers, manufactured from parts of Chinese and Vietnamese-origin and further assembled in Vietnam into subassemblies and the finished air purifiers, were products of China. It is now CBP’s position that the country of origin of these air purifiers is Vietnam. In NY N322364, CBP determined that air purifiers, manufactured from parts of Chinese and Vietnamese-origin and further assembled in Vietnam into subassemblies and the finished air purifiers, were products of Vietnam in the first manufacturing scenario and products of China in the second manufacturing scenario.
  • It is now CBP’s position that the country of origin of the air purifiers in the second manufacturing scenario is Vietnam
• Xi’an Metals & Mineral Import & Export Co v. United States
  • There was no error in the U.S. Court of International Trade’s determination that the CONNUM-specific rule was not subject to the notice-and-comment rulemaking provisions of the APA; hence, the U.S. Department of Commerce was entitled to clarify the regulation regarding the data used in performing margin calculations in the third administrative review because it needed data that more accurately reflected the costs associated with the production and sale of the subject merchandise;
  • The Court correctly determined that Commerce’s application of facts otherwise available (FA) was supported by substantial evidence; in deciding to apply FA, Commerce reasonably determined that appellant’s repeated failure to submit its cost information on a CONNUM-specific basis meant that necessary information reasonably reflecting the costs of production was not available.
• Kaptan Demir Celik Endustrisi ve Ticaret v. United States
  • A Turkish producer and exporter of steel concrete reinforcing bar was not entitled to a stay pending resolution of its separate action arising from the previous administrative review of the same countervailing duty order where no common legal issue was being reviewed by the appellate court, the administrative reviews were separate actions based on the specific factual records, and thus, the proposed stay did not meaningfully advance judicial economy;
  • In light of the court‘s overarching duty to timely resolve disputes, the interests of the litigants in resolving disputes quickly, as well as the general interest of the public in expeditiously resolving matters of great economic importance, the extensive stay of proceedings requested by the producer and exporter did not meet the pressing need required for such stays.
• HiSteel v. United States
  • Because the foreign producer of heavy walled rectangular welded carbon steel pipes and tubes did not seek any relief separate from that sought by the producer challenging its individual weighted-average dumping margin, the foreign producer could piggyback on the challenging producer’s standing and did not need to establish independent constitutional standing;
  • Because the underlying litigation consisted of a civil action commenced under § 516A of the Tariff Act of 1930, and because the foreign producer was an interested party who was a party to the proceedings, the foreign producer was to intervene as of right by operation of 28 U.S.C.S. § 2631(j)(1)(B) and Ct. Int’l Trade R. 24(a)(1).
• AG der Dillinger Huttenwerke et. Al. v. United States
  • This consolidated action involves a challenge to the final determination in the antidumping (“AD”) investigation conducted by the U.S. Department of Commerce (“Commerce”) of certain carbon and alloy steel cut-to-length plate (“CTL plate”) from the Federal Republic of Germany
  • Since the issue, Commerce’s analysis, and the arguments of the parties are nearly identical to those presented in Dillinger France, the court concludes that a remand is equally appropriate here. Because Dillinger has failed to place information on the record demonstrating the actual cost of production of its non-prime products, Commerce may reasonably rely on facts otherwise available pursuant to § 1677e(a)(1); however, in making its selection of facts otherwise available, Commerce must explain how its reliance on information indicating the “likely selling price” of non-prime products accords with its obligation to ensure that the reported costs of production reasonably reflect the cost of producing the merchandise under consideration

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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Office of U.S. Trade Representative 

• The Office of the U.S. Trade Representative (USTR) announced the United States and Taiwan, under the auspices of the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office in the United States (TECRO), have reached consensus on the negotiating mandate for the U.S.-Taiwan Initiative on 21st-Century Trade announced on June 1, 2022.  

U.S. Customs and Border Protection

• U.S. Customs and Border Protection’s (CBP) agriculture-detecting beagles play an important role in protecting our nation’s agricultural interests and economy at the Philadelphia International Airport. Last year, CBP agriculture canines detected 120,269 prohibited items at CBP Ports of Entry across the country, and 96,450 items through June this year.
• On August 17, CBP Louisville seized a shipment of jewelry deemed to be counterfeit by CBP’s Centers of Excellence and Expertise, the agency’s trade experts. CBP officers in Louisville seized a shipment containing various counterfeit earrings, that if real would have had a MSRP over $3.5 million. 
• On August 20, CBP announced Air and Marine Operations agents flying near the Blue Water Bridge observed a jet ski with three individuals leave from Canada and cross the international border. The jet ski landed near Port Huron.
  • The two passengers were identified as two male Brazilian nationals, ages 34 and 35 who both admitted to illegally crossing into the U.S. The driver and two non-citizens were transported to the Marysville station for processing.
• CBP announced on August 17 the Mobile Passport Control program (MPC) will expand on Aug. 30 to include the Montreal and Toronto Preclearance locations. The program will further expand to Vancouver in late September, bringing MPC availability to 38 air and seaport locations.
• On August 21, CBP announced McAllen Border Patrol Station agents attempted to initiate an immigration inspection of the occupants of a vehicle departing a well-known migrant loading area in Los Ebanos. The driver failed to yield and led agents on a vehicle pursuit. An Air and Marine Operations helicopter, Texas Department of Public Safety, and the La Joya Police Department assisted with the pursuit, until the vehicle drove through a fence in Palmview and came to a stop.

U.S. International Trade Commission.

• The U.S. International Trade Commission (USITC) announced a notice given that on August 3, 2022, the presiding administrative law judge (“ALJ”) issued an Initial Determination on violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation.
• On August 19, 2022, notice was hereby given that the USITC has determined to institute a rescission proceeding and to grant an unopposed petition to rescind the limited exclusion order (“LEO”) and cease and desist orders (“CDOs”) (collectively, “the remedial orders”) issued in the underlying investigation. The rescission proceeding is terminated.
• On August 19, 2022, on the basis of the record developed in the subject investigation, the USITC determines, pursuant to the Tariff Act of 1930, that an industry in the United States is materially injured by reason of imports of sodium nitrite from Russia provided for in subheading 2834.10.10 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (DOC) to be subsidized by the government of Russia. 

U.S Department of the Treasury’s Office of Foreign Assets Control

• The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing Russia-related General License 38A and General License 50. In addition, OFAC announced the removal of certain individuals, which can be found here.

U.S. Department of Commerce 

• On August 19, 2022, as a result of the determinations by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (USITC) that revocation of the countervailing duty (CVD) orders on certain cold-rolled steel flat products (cold-rolled steel or CRS) from the People’s Republic of China and the Republic of Korea would likely lead to continuation or recurrence of net countervailable subsidies and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the CVD orders.
• On August 19, 2022, as a result of the determinations by DOC and the U.S. International Trade Commission (USITC) that revocation of the antidumping duty (AD) orders on polyester staple fiber (PSF) from the Republic of Korea and Taiwan would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, DOC is publishing a notice of continuation of these AD orders.
• On August 19, 2022, DOC is rescinding the administrative review of the countervailing duty (CVD) order on sulfanilic acid from India, covering the period January 1, 2021 through December 31, 2021.

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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U.S. Treasury Department – Office of Foreign Assets Control

• On July 6, 2022, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) sanctioned an international network of individuals and entities that has used a web of Gulf-based front companies to facilitate the delivery and sale of hundreds of millions of dollars’ worth of Iranian petroleum and petrochemical products from Iranian companies to East Asia. As a result, all property and interests in property of these targets that are in the U.S. must be blocked and reported to OFAC. 
  
• On July 1, 2022, OFAC  published an update to the identifying information of one person, LOPEZ DELGADO, of Nicaragua, currently included on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List). All U.S. property of this person remains blocked, and Americans are generally prohibited from engaging in transactions with him. 
• On July 1, 2022, OFAC adopted a final rule amending the Global Terrorism Sanctions Regulations to implement a September 9, 2019 Executive Order which strengthened U.S. counter-terrorism efforts, including include against acts of terrorism that threaten the Middle East peace process. This rule is effective July 1, 2022.  
• On July 1, 2022, OFAC sent out a reminder to file the 2022 Report of Blocked Property, requiring holders of blocked property to provide OFAC with a comprehensive list of all blocked property held as of June 30 of the current year by September 30, 2022. 
• On June 30, 2022, OFAC announced it has blocked property belonging to Heritage Trust, a Delaware-based trust owned by Russian oligarch Suleiman Abusaidovich Kerimov. Heritage Trust holds assets valued at over $1 billion. 
• The U.S. Department of State and the U.S. Department of Commerce have taken action prohibiting the importation of Russian gold. 

U.S. Trade Representative

• On June 30, 2022, the U.S. Trade Representative, Ambassador Katherine Tai, released the first Report on the Operation of the United States-Canada Mexico Agreement (USMCA) with Respect to Trade in Automotive Goods. 
• On July 6, 2022, the USTR issued a notice seeking public comments to assist in the development of a forced labor trade strategy. The deadline for submitting comments is August 5, 2022. USTR requests that comments be submitted electronically via the Federal eRulemaking Portal at https://www.regulations.gov, using Docket Number USTR–2022–0006.

U.S. Department of Commerce

• On July 1, 2022, the Department of Commerce and the International Trade Commission automatically initiated and conducted reviews of orders pertaining to pencil and rubber products. 
• On July 1, 2022, the DOC determined that Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. has made sales of multilayered wood flooring from China at prices below normal value during the period of review (POR) December 1, 2019, through November 30, 2020. 
• On July 1, 2022, the DOC published a summary of duty orders, findings, and suspended investigations, and provided an opportunity to request administrative review for a range of investigations. 
• On July 1, 2022,  the DOC automatically initiated the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) orders and suspended investigations for a wide range of cases. 
• On June 28, 2022, the Bureau of Industry and Security added 36 entities to the Entity List from China, Lithuania, Pakistan, Russia, Singapore, the United Arab Emirates, the United Kingdom, Uzbekistan, and Vietnam.

U.S. International Trade Commission

• On July 1, 2022, the U.S. International Trade Commission (USITC) and the Department of Commerce (DOC) gave notice, setting forth the schedule and proposed topics for a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). Written comments concerning ETTAC affairs are welcome any time before or after the meeting. 
• On July 1, 2022, the USITC gave notice that it has instituted a review to determine whether revocation of the antidumping duty order on dioctyl terephthalate from South Korea would be likely to lead to continuation or recurrence of material injury. 
• On July 1, 2022, the USITC gave notice that it has instituted a review to determine whether revocation of the antidumping duty order on furfuryl alcohol from China would be likely to lead to continuation or recurrence of material injury. 
• On July 1, 2022, the USITC gave notice that it has instituted a review to determine whether revocation of the antidumping duty order on light-walled rectangular pipe and tube from Taiwan would be likely to lead to continuation or recurrence of material injury. 
• On July 1, 2022, the USITC instituted the subject five-year reviews on April 1, 2022 (87 FR 19131) to determine whether revocation of the antidumping duty orders on sulfanilic acid from China and India, and the countervailing duty order on imports of sulfanilic acid from India would be likely to lead to continuation or recurrence of material injury. 

U.S. Customs and Border Protection

• On July 2, 2022, U.S. Customs and Border Patrol (CBP) delivered a notice advising the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will increase from the previous quarter. Effective on July 1, 2022, the interest rates for overpayments will be 4% for corporations and 5% for non-corporations. The interest rates for underpayments will be 5% for both corporations and non-corporations.
• On July 1, 2022, U.S. Customs and Border Protection, (CBP), announced that it will refer to the Office of Management and Budget (OMB) for review and approval an application for withdrawal of bonded stores for fishing vessels.
• On June 30, 2022, CBP announced the launch of its Green Trade Strategy, a framework to incentivize green trade, strengthen CBP’s environmental enforcement posture, accelerate green innovation, and improve climate resilience and resource efficiency. 

U.S. Department of Transportation

• On June 30, 2022, the National Highway Traffic Safety Administration (NHTSA) issued a final rule to amend the Federal Motor Vehicle Safety Standard (FMVSS) (Standard) No. 213, “child restraint systems”, which furthers efforts to protect children seated in child restraint systems during side impacts. 

U.S. Trade Policy

• President Biden is anticipated to lift tariffs on $10 billion worth of Chinese goods under a plan being discussed within the administration, while opening a new exclusion process for firms to win additional relief. The plan is expected to involve three parts. First, a narrow set of tariffs would be lifted, likely duties on consumer goods like bicycles. Second, the administration is expected to announce that the U.S. Trade Representative will open a new exclusion process for companies to win exemptions from the tariffs on China. Third, the administration will initiate a new tariff investigation under Section 301 of the 1974 Trade Act that will target sectors of the Chinese economy that are heavily subsidized by the Chinese Communist Party. 
  • President Biden is anticipated to announce a rollback of some US tariffs on Chinese consumer goods — as well as a new probe into industrial subsidies that could lead to more duties in strategic areas like technology. It would mark Biden’s first major policy step on trade ties between the world’s two biggest economic powers. A White House spokeswoman said no decision on the tariffs has been made but the administration wants to ensure they are aligned with “economic and strategic” priorities and don’t unnecessarily raise costs for Americans. 
• On June 28, 2022,  President Biden met with G7 leaders to strengthen cooperation on economic issues, cyberspace and quantum, and other 21st century challenges, including those posed by China to U.S. workers, companies, and national security. The G7, representing over 50% of the world economy, is demonstrating that it is among the most potent institutions in the world today, with like-minded democracies solving problems.   
• On June 27, 2022, the White House released a proclamation announcing increased duties on all products produced by Russia and Belarus, including oil, fuel, and certain food products. 

If you have questions about these updates, contact our Customs and International trade law attorneys at info@diaztradelaw.com or call us at 305-456-3830.

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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

1. 8412.21.0045
2. 8481.10.0090
3.  8483.50.9040
4.  8525.60.1010
5.  8607.21.1000
6.  9030.90.4600
7. 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)
8. 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)
9. Breast pumps, whether or not with accessories or batteries (described in statistical reporting number 8413.81.0040)
10. Housings for water pumps of subheading 8413.30.90 (as described in subheading 8413.91.9010)
11. 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)
12. 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)
13. 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)
14. 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)
15. 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)
16. 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)
17. Heat exchanger plates, cores, finned tubes, cones, shells, bonnets, flanges and baffles (described in statistical reporting number 8419.90.3000)
18. Thermal roll laminators, each valued not over $450 (described in statistical reporting number 8420.10.9040)
19. Roller machines designed for cutting, etching or embossing paper, foil or fabric, manually powered (described in statistical reporting number 8420.10.9080)
20. Roller machines with dies for embossing paper, manually powered (described in statistical reporting number 8420.10.9080)
21. 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)
22. 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)
23. Filtering or purifying machinery or apparatus of a kind used for waste water treatment (described in statistical reporting number 8421.21.0000)
24. Hand-held ultraviolet water purifiers, powered by batteries (described in statistical reporting number 8421.21.0000)
25. 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)
26. Filters designed to remove sulfites from wine (described in statistical reporting number 8421.22.0000)
27. 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)
28. 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)
29. 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)
30. Ratchet winches designed for use with textile fabric strapping (described in statistical reporting number 8425.39.0100)
31. 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)
32. Pile drivers, diesel powered (described in statistical reporting number 8430.10.0000)
33. Counterweight castings of iron or steel designed for use on fork lift and other works trucks (described in statistical reporting number 8431.20.0000)
34. 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)
35. Welded frames designed to support conveyor rollers (described in statistical reporting number 8431.39.0010)
36. Vulcanized rubber tracks, each incorporating cords and cleats of steel, designed for use on construction equipment (described in statistical reporting number 8431.49.9095)
37. Animal feeding machinery (described in statistical reporting number 8436.80.0090)
38. Parts of animal feeding machinery (described in statistical reporting number 8436.99.0090)
39. 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)
40. 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)
41. Ball type angle cock valve bodies, of cast iron, for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)
42. Valve bodies, of aluminum, of valves for oleohydraulic or pneumatic transmissions (described in statistical reporting number 8481.90.9020)
43. 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)
44. Armatures designed for use in hydraulic solenoid valves (described in statistical reporting number 8481.90.9040)
45. C-poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
46. Metering spools, of aluminum, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
47. 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)
48. Poles, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
49. Push pins, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
50. Retainers, of steel, designed for use in hydraulic solenoid control valves (described in statistical reporting number 8481.90.9040)
51. Coupling covers, including center members, flanged hubs, sleeves and shoes (described in statistical reporting number 8483.90.8010)
52. Electric motors, AC, permanent split capacitor type, not exceeding 16 W (described in statistical reporting number 8501.10.4020)
53. 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)
54. 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)
55. 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)
56. AC motors, multi-phase, of rolled steel frame construction (described in statistical reporting number 8501.51.4040)
57. 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)
58. 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)
59. Regenerative speed drive controllers for controlling speed of electric motors for elevators (described in statistical reporting number 8504.40.4000)
60. 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)
61. Dual layer printed circuit board assemblies, each valued over $30 but not over $35 (described in statistical reporting number 8504.90.7500)
62. Structural components for industrial furnaces (described in statistical reporting number 8514.90.8000)
63. Aluminum electrolytic capacitors, each valued not over $3.20 (described in statistical reporting number 8532.22.0085)
64. 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)
65. 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)
66. 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)
67. Switches designed for use in motor vehicles, driver or passenger activated (described in statistical reporting number 8536.50.9065)
68. 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)
69. Butt splice connectors, for a voltage not exceeding 1,000 V, each valued not over $3 (described in statistical reporting number 8536.90.4000)
70. Ring terminals, for a voltage not exceeding 1,000 V (described in statistical reporting number 8536.90.4000)
71. 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)
72. Zinc anodes for use with machines and apparatus for electroplating, electrolysis or electrophoresis (described in statistical reporting number 8543.30.9080)
73. 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)
74. 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)
75. Depth-sounding apparatus, each valued not over $50 (described in statistical reporting number 9014.80.2000)
76. 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)
77. 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)
78. Parts and accessories of capnography monitors (described in statistical reporting number 9018.19.9560)
79. Electrosurgical cautery pencils with electrical connectors (described in statistical reporting number 9018.90.6000)
80. 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)
81. 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)
82. X-ray tables (described in statistical reporting number 9022.90.2500)
83. X-ray tube housings and parts thereof (described in statistical reporting number 9022.90.4000)
84. Multi-leaf collimators of radiotherapy systems based on the use of X-ray (described in statistical reporting number 9022.90.6000)
85. Printed circuit board assemblies, of a kind designed for use in X-ray apparatus (described in statistical reporting number 9022.90.6000)
86. 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)
87. 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)
88. 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)
89. 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:

1. 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)
2. 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)
3. 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)
4. Rolls of polyethylene film coated with a solvent acrylic adhesive (described in statistical reporting number 3919.10.2055)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. Walk behind rotary tillers, electric powered, individually weighing less than 14 kg (described in statistical reporting number 8432.29.0060)
13. 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)
14. 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)
15. 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)
16. 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)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. Electronic AC passive infrared (PIR) motion sensing switches (described in statistical reporting number 8536.50.7000)
23. Position or speed sensors for motor vehicle transmission systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
24. Wheel speed sensors for anti-lock motor vehicle braking systems, each valued not over $12 (described in statistical reporting number 8543.70.4500)
25. 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)
26. 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)
27. 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)
28. 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)
29. Follower block plates, designed for use with buffering/cushioning systems of freight railcars of heading 8606 (described in statistical reporting number 8607.30.1000)
30. 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)
31. 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)
32. 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)
33. 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)
34. 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:

1. 0304.72.5000
2. 0304.83.1015
3. 0304.83.1020
4. 0304.83.5015
5. 0304.83.5020
6. 0304.83.5090
7. 3923.21.0095
8. 3926.20.9050
9. 5603.12.0090
10. 5603.14.9090
11. 5603.92.0090
12. 5603.93.0090
13. 6505.00.8015
14. 8424.90.9080
15. 8425.31.0100
16. 8708.50.8500
17. 8712.00.1510
18. 8712.00.1520
19. 8712.00.1550
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 1-Cyanoguanidine (Dicyandiamide) (CAS No. 461-58-5) (described in statistical reporting number 2926.20.0000)
27. N-(n-Butyl)thiophosphoric triamide (IUPAC name: N-Diaminophosphinothioylbutan1-amine) (CAS No. 94317-64-3) (described in statistical reporting number 2929.90.5090)
28. Artificial graphite, in powder form (described in statistical reporting number 3801.10.5000)
29. 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)
30. Natural graphite, in powder form (described in statistical reporting number 3801.90.0000)
31. 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)
32. 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)
33. 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)
34. 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)
35. Supported catalysts for polymerization (described in statistical reporting number 3815.19.0000)
36. Supported catalysts of cuprous oxide and zinc oxide as the active ingredients for arsine removal (described in statistical reporting number 3815.19.0000)
37. Supported catalysts with copper carbonate or zinc carbonate as the active ingredients for low temperature desulfurization (described in statistical reporting number 3815.19.0000)
38. Supported catalysts with metal sulfide as the active substance for mercury removal (described in statistical reporting number 3815.19.0000)
39. Supported catalysts with molybdenum compounds as the active substance for hydrogenation (described in statistical reporting number 3815.19.0000)
40. Supported catalysts with zinc oxide absorbent as the active substance (described in statistical reporting number 3815.19.0000)
41. 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)
42. 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)
43. 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)
44. 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)
45. 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)
46. 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)
47. 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)
48. 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)
49. 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)
50. 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)
51. 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)
52. Covers, of leather, designed for use with telecommunication devices (described in statistical reporting number 4205.00.8000)
53. 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)
54. 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)
55. 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)
56. 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)
57. Yarn of cashmere or camel hair, carded but not combed, not put up for retail sale (described in statistical reporting number 5108.10.8000)
58. 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)
59. 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)
60. 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)
61. 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)
62. 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)
63. 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)
64. 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)
65. Polyester filament tow, measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.20.0000)
66. Polypropylene fiber tow, measuring more than 50 ktex but not more than 275 ktex (described in statistical reporting number 5501.40.0000)
67. 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)
68. 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)
69. Rugs of hand-knotted pile, of nylon and polypropylene, measuring at least 1.2 m2 (described in statistical reporting number 5701.90.1010)
70. 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)
71. Long pile knit fabrics, of acrylic pile on polyester ground, valued not over $16 per m2 (described in statistical reporting number 6001.10.2000)
72. Knitted or crocheted fabrics of artificial staple fibers derived from bamboo (described in statistical reporting number 6003.40.6000)
73. 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)
74. 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)
75. Grinding beads of yttria-stabilized zirconia (described in statistical reporting number 6909.11.2000)
76. 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)
77. 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)
78. 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)
79. 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)
80. 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)
81. 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)
82. 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)
83. 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)
84. 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)
85. Nickel hydroxy carbonate (CAS No. 12607-70-4) (described in statistical reporting number 7501.20.0000)
86. 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)
87. 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)
88. 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)
89. Bolt-on tips of carbon alloy steel of a kind used in tub or horizontal grinders (described in statistical reporting number 8207.90.7585)
90. Flat panel display mounting adapters of base metal (described in statistical reporting
    number 8302.50.0000)
91. Stamped and formed brackets of steel (described in statistical reporting number 8302.50.0000)
92. 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)
93. 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)
94. 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)
95. 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)
96. Wind turbine hubs (described in statistical reporting number 8412.90.9081)
97. 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)
98. 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)
99. 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)
100. 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)
101. 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)
102. 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)
103. 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)
104. 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)
105. 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)
106. 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)
107. Trackpad input units for automatic data processing (ADP) machines, each valued over $100 (described in statistical reporting number 8471.60.9050)
108. Printed circuit assemblies for rendering images onto computer screens (“graphics processing modules”) (described in statistical reporting number 8473.30.1180)
109. Printed circuit assemblies to enhance the graphics performance of automatic data processing (ADP) machines (“accelerator modules”) (described in statistical reporting number 8473.30.1180)
110. Printed circuit assemblies, constituting unfinished logic boards (described in statistical
     reporting number 8473.30.1180)
111. 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)
112. 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)
113. Hand-operated valves of plastics, each comprising a bottle lid, drinking spout and flavor dispensing valve (described in statistical reporting number 8481.80.5090)
114. 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)
115. 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)
116. 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)
117.  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)
118. 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)
119. 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)
120. 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)
121. Power adapters for a weather sensor or weather station display (described in statistical reporting number 8504.40.9580)
122. 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)
123. 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)
124. 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)
125. Projectors (“trumpets”) of plastics for air horns (described in statistical reporting number 8512.90.2000)
126. Fan-forced portable electric heaters, each with a ceramic heating element (described in statistical reporting number 8516.29.0030)
127. 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)
128. 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)
129. Electric fireplaces, weighing not more than 55 kg (described in statistical reporting number 8516.29.0090)
130. Portable countertop air fryers of a kind used for domestic purposes (described in statistical reporting number 8516.60.4070)
131. Tubular electric heating resistors (described in statistical reporting number 8516.80.8000)
132. 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)
133. 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)
134. 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)
135. 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)
136. 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)
137. 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)
138. 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)
139. 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)
140. 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)
141. 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)
142. 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)
143. 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)
144. 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)
145. 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)
146. Electrical insulators (“wire nuts”) of plastics and steel (described in statistical reporting number 8546.90.0000)
147. 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)
148. 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)
149. Flange forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)
150. Hub forgings of Society of Automotive Engineers (“SAE”) 1035 carbon steel (described in statistical reporting number 8708.40.7570)
151. Park gear blanks of Society of Automotive Engineers (“SAE”) 1520 carbon steel (described in statistical reporting number 8708.40.7570)
152. Stator shafts of Stahlwerk Annahutte ZF34C grade carbon steel (described in statistical reporting number 8708.40.7570)
153. 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)
154. 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)
155. 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)
156. 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)
157. 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)
158. Bicycle frames, of carbon fiber, valued not over $600 each (described in statistical reporting number 8714.91.3000)
159. 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)
160. 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)
161. 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)
162. 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)
163. 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)
164. 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)
165. 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)
166. 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)
167. 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)
168. 60-minute mechanical count-down kitchen timers (described in statistical reporting
     number 9106.90.8500)
169. 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)
170. 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)
171. 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)
172. 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)
173. 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)
174. 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)
175. 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)
176. 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)
177. 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)
178. 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)
179. 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)
180. 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)
181. 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)
182. Household furniture of high-pressure laminated bamboo, other than babies’ or children’s furniture (described in statistical reporting number 9403.82.0015)
183. 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)
184. 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)
185. 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)
186. Garden, patio and table top wick burning torches for outdoor use (described in statistical reporting number 9405.50.4000)
187. 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:

1. 0505.10.0050
2. 0505.10.0055
3. 3401.19.0000
4. 3926.90.9910
5. 5210.11.4040
6. 5210.11.6020
7. 5504.10.0000
8. 6506.10.6030
9. Sodium alginate resins (CAS No. 9005-38-3) (described in statistical reporting number 3913.10.0000)
10. 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)
11. 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)
12. 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)
13. 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)
14. 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)
15. 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)
16. 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)
17. Women’s knit robes in chief weight of cotton, with hook and loop tab closure (described in statistical reporting number 6108.91.0030)
18. Babies’ gowns of cotton knitted interlock fabric, each with sleeves, neck opening and elasticized bottom opening (described in statistical reporting number 6111.20.6070)
19. 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)
20. Babies’ sleep sacks, knitted, of cotton, each with neck opening and two-way zipper (described in statistical reporting number 6111.20.6070)
21. Babies’ swaddle sacks of cotton knitted interlock fabric, each with sleeves and mitten cuffs (described in statistical reporting number 6111.20.6070)
22. Babies’ blanket sleepers of polyester knitted fleece, sleeveless, each with two-way zipper (described in statistical reporting number 6111.30.5015)
23. 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)
24. Girls’ cotton terry bathrobes with muslin trim, each beltless but featuring a hook-andloop tab (described in statistical reporting number 6208.91.1020)
25. Girls’ fleece bathrobes, each beltless but featuring a hook-and-loop tab (described in statistical reporting number 6208.92.0020)
26. 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)
27. 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)
28. Dust covers of knitted polyester fabric, designed for bed mattresses and pillows (described in statistical reporting number 6302.10.0020)
29. Crib sheets of muslin cotton, fitted with elastic (described in statistical reporting number 6302.31.9020)
30. 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)
31. 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)
32. 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)
33. 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)
34. 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)
35. 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)
36. Wireless communication apparatus that can receive audio data to be distributed to wireless speakers (described in statistical reporting number 8518.22.0000)
37. 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)
38. 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)
39. 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)
40. 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)
41. 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)
42. 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:

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.

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:

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.

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:

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.

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,”

Our article focuses on virtual currencies scrutiny under U.S. sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) given the potential national security and foreign policy threats posed by their increasingly widespread use.

Below is the article for your reading pleasure.

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On October 6, 2021, the Office of the U.S. Trade Representative (“USTR”) announced in the Federal Register that the agency is considering a possible reinstatement of 549 exclusions for Section 301 duties on products imported from China that had expired on December 31, 2020.

Following Ambassador Katherine Tai’s remarks at a panel discussion on October 4, 2021 that the USTR will start a targeted tariff exclusion process, USTR is inviting public comments on whether to reinstate previously extended exclusions. Ambassador Tai has explained that the exclusions process is a key part of the Biden-Harris Administration’s deliberative, long-term vision for realigning the U.S.-China trade relationship around our priorities and making trade work for American workers and businesses.

Comment Now

USTR seeks comments to determine whether and for how long exclusions should be reinstated. Comments on which of the 549 exclusions should be reinstated should focus on:

• Whether the particular product and/or a comparable product is available from sources in the United States and/or in third countries;
• Any changes in the global supply chain since September 2018 with respect to the particular product or any other relevant industry developments;
• The efforts, if any, the importers or U.S. purchasers have undertaken since September 2018 to source the product from the United States or third countries;
• Domestic capacity for producing the product in the United States; and
• Whether reinstating the exclusion will impact or result in severe economic harm to the commenter or other U.S. interests.

The comment period begins on October 12, 2021 and closes December 1, 2021.

Contact Us

Diaz Trade Law has significant experience working on Section 301 exclusions and in submitting comments for federal rulemaking. If you would like assistance drafting or having your comments reviewed prior to submission, please reach out to us today at info@diaztradelaw.com.