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On Tuesday, March 17, 2020, the United States Trade Representative (USTR) office released its first list of product exclusions to the Section 301 List 4A products currently subject to a 7.5% tariff in the Federal Register Notice 85 FR 15244.

This notice includes 19 specific product descriptions specific to combating the coronavirus including masks, protective covers, disposable covers for instruments, shoes and boots, along with additional sterile products.  Companies are encouraged to refer to the Annex in the notice to determine if any of their products are included in the specifically identified exclusions.  The scope of each exclusion is governed by the 10-digit level Harmonized Tariff Schedule (HTS) numbers and the descriptions identified in the notice.  It is important to note that these exclusions are available for any product that meets the description in the official notice, regardless of whether the importer filed an exclusion request.  If you import products that are consistent with these descriptions, you will be able to claim an exclusion using HTS# 9903.88.42.

Retroactive refunds of the Section 301 tariffs will not be automatic. Importers must submit a post-summary correction (PSC) for eligible entries made subsequent to September 1, 2019. If entries have already liquidated, importers may follow liquidation protest rules.

For more information, please contact your local Noatum Logistics USA (Formerly MIQ Logistics) representative.