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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref. : EIC 111/2/18
EIC 111/3
EIC 111/3/13
CR EIC 111/1/13/3

24 December 2020
(Last updated on 8 December 2021)

Dear Sirs,

Commercial Information Circular No. 915/2020

US : Section 301 Tariffs on Mainland Products - Extension of Certain Product Exclusions and Additional Exclusions to Address the COVID-19 Outbreak

Further to Commercial Information Circular no. 245/2020 of 23 March 2020, the US Trade Representative (USTR) issued on 29 December 2020 and 10 March 2021 Federal Register (FR) notices to announce extension of exclusions and additional exclusions from 7.5% or 25% tariffs imposed on certain Mainland medical-care products under the Section 301 investigation (Lists 1 to 4A) to address the COVID-19 outbreak. The extension, which originally applied as of 1 January 2021 until 31 March 2021, would be further extended through 30 September 2021.

DETAILS

2.Since July 2018, the US has imposed additional tariffs on Mainland products worth approximately US$370 billion under the Section 301 investigation in four tranches (Lists 1 to 3: 25%; List 4A: 7.5%).  The USTR also initiated exclusion processes for stakeholders to submit requests for the exclusion of specific products from the additional tariffs.  Subsequently, certain personal protective equipment products and other medical-care related products have been excluded from the additional tariffs. 
 
3.After a public comment process, the USTR issued on 29 December 2020 an FR notice to announce extension of certain existing exclusions and also additional exclusions from 7.5% or 25% tariffs imposed on certain Mainland medical-care products under Lists 1 to 4A, which applied as of 1 January 2021 until 31 March 2021. On 10 March 2021, the USTR announced to extend the product exclusions through 30 September 2021.
 
4.The exclusions are available for any product that meets the description set out in the in the Annexes to the notice.  For further details, please refer to the relevant notices: 

  • FR notice on extension of exclusions and additional exclusions (29 December 2020):
    https://www.govinfo.gov/content/pkg/FR-2020-12-29/pdf/2020-28780.pdf
  • FR notice on extension of exclusions until 30 September 2021 (10 March 2021):
    https://www.govinfo.gov/content/pkg/FR-2021-03-10/pdf/2021-04946.pdf
  • USTR's technical amendments (4 August 2021 and 7 December 2021):
    https://www.govinfo.gov/content/pkg/FR-2021-08-04/pdf/2021-16567.pdf
    https://www.govinfo.gov/content/pkg/FR-2021-12-07/pdf/2021-26482.pdf
  • US Customs and Border Protection's guidance note on filing entries for extension and addition of certain product exclusions (30 December 2020):
    https://content.govdelivery.com/bulletins/gd/USDHSCBP-2b3804f?wgt_ref=USDHSCBP_WIDGET_2
  • US Customs and Border Protection's guidance note on filing entries for further extension of certain product exclusions (15 March 2021):
    https://content.govdelivery.com/bulletins/gd/USDHSCBP-2c72d15?wgt_ref=USDHSCBP_WIDGET_2

ENQUIRIES

5.For enquiries concerning the content of this circular, please contact Miss K Y HO at telephone number 2398 5405.

Yours faithfully,

(Miss Ivy TAM)
for Director-General of Trade and Industry

Note: While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.