Update: List 3 Exclusion Applicable to Certain Seafood and More.
Some seafood products have been excluded from China on List 3, and entries filed with the additional duty can qualify for a refund if they were imported on or after September 24,2018. .
Please see the seven tariff lines below to see if your items qualify. Please note that these exclusions are very specific.The exclusions are based on the USTR description not the CBP Tariff number You can contact us to provide information on how we can assist on requesting a refund.
Per NFI (National Fisheries Institute):
“ On January 31, U.S. Trade Representative issued the attached notice (the official federal register notice will come out anytime) granting numerous requests for exclusions from the “List 3” tariff applied to goods sourced from China.
You can also find a copy of this notice on the USTR website here
CBP has not issued a CSMS alert with implementation specifics for the granted requests. USTR, in its notice, granted an exclusion applicable to certain sole, flounder, and crab products entering the U.S. via seven tariff lines:”
1. 0304.83.5015 (Alaskan sole (yellowfin, rock or flathead), frozen in blocks, in cases with net weight of more than 4.5 kg; Sole fillets, individually frozen, each fillet weighing more than 50 g but less than 150 g)
2. 0304.83.5020 (Alaskan plaice, frozen in blocks, in cases each with net weight of more
than 4.5 kg; Individually frozen fillets of flounder, including Arrowtooth Flounder (Atheresthes stomias) and Kamchatka Flounder (Atheresthes evermanni), each weighing 80 g or more but not exceeding 200 g)
3.0306.19.0061 (Slipper lobster meat (Ibicus ciliatus), frozen, raw, whether whole or in pieces, put up for sale in bags
each with a net weight of not more than 2.27 kg)
4.1605.10.2010 (King crab meat, frozen in blocks each weighing at least 1 kg but not more than 1.2 kg, in airtight containers)
5. 1605.10.2022 (Snow crab meat (C. opilio), frozen in blocks, in airtight containers each with net weight of not more than 1.2 kg)
6.1605.10.2030 (Dungeness crab meat, frozen in blocks, in airtight containers with net weight of not more than 1.2 kg)
7. 1605.10.2090 (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)
• The exclusions afford the importer of record relief from the full Section 301 tariff assessed against the goods in question. In this case, that will mean a refund of either a 10 or a 25 percent tariff, depending on the date of the entry. (USTR nearly imposed a 30 percent tariff on List 3 goods, but that increase from 25 percent in fact never happened.)
• The exclusions apply retroactively to qualifying goods presented on or after September 24, 2018, and then prospectively, through and including entries presented on or before August 7, 2020.”
U.S. CBP has not issued an official CSMS notice. Flegenheimer will continue to monitor and keep you posted.