USTR Announces New List 4 Exclusions

Yesterday, the Office of the U.S. Trade Representative (USTR) announced a new round of List 4 exclusions to be published this week. List 4 covers $300 billion in Chinese goods and is split into two, though only List 4a is currently subject to tariffs after List 4b was postponed following the China Phase One agreement. The exclusions consist of three 10-digit subheadings and four product-specific exclusions. This is the fourth round of List 4 exclusions after the first three were announced in March.

List 4 exclusions apply retroactively for goods entered for consumption or withdrawn from warehouse on or after September 1, 2019 and will remain in effect until September 1, 2020. Note that product exclusions are not importer-specific—they are applicable for any importer of the excluded merchandise. The scope of the exclusions is governed by the language of the product descriptions provided by USTR in its list, not by product descriptions shown in any particular exclusion request or HTS classification. As always, we encourage members to review or have their importers review the list.

Depending on the entry date, anyone who believes they are eligible will need to file a post-summary correction or protest of liquidation with U.S. Customs and Border Protection to obtain a refund for any excluded products that entered U.S. customs territory on or after September 1, 2019.

For more information, contact Samantha Rocci at srocci@rvia.org.