How to Navigate the Section 301 Tariff Process

Not sure if your goods qualify for a tariff exclusion? Here is a step by step approach provided by the Office of the United States Trade Representative (USTR) to figure it out.

  • Step One: Know Your HTS Subheading
    • Every product subject to a proposed or ongoing Section 301 tariff action is identified by an 8-digit or 10-digit HTS Subheading. This search engine allows you to search by an 8-digit HTS Subheading to obtain information about a proposed or ongoing Section 301 tariff action.
    • If you do not know the HTS subheading for your product, please contact your supplier, distributor, or customs broker.
    • Don’t know what an HTS Subheading is? To learn more, visit https://www.usitc.gov/tariff_affairs/about_hts.htm.
  • Step Two: Find Your HTS Subheading
    • The HTS Subheadings are sorted into four separate tariff actions:
      • The $34 Billion Tariff Action (List 1);
      • The $16 Billion Tariff Action (List 2);
      • The $200 Billion Tariff Action (List 3); and
      • The $300 Billion Tariff Action (List 4).
    • To determine if an HTS Subheading is subject to a proposed or ongoing Section 301 Tariff Action, enter the 8-digit HTS Subheading into the search field, and press SEARCH.
    • Each HTS Subheading includes a corresponding article description.
  • Step Three: Submit a Comment or Exclusion Request Based on Your HTS Subheading
    • If the comment period or product exclusion request period is open for a Section 301 tariff action, the due date will include a hyperlink that will direct you to the relevant regulations.gov electronic docket where a comment or product exclusion request may be submitted.
  • For product exclusion status, visit the Product Exclusion Process section on the $34 Billion Trade Action (List 1)$16 Billion Trade Action (List 2)$200 Billion Trade Action (List 3), or $300 Billion Trade Action (List 4) webpages.

If You Are Due a Refund

If you have paid the additional China tax and your goods qualify for the approved exclusion, you can request a refund.  Gallagher can prepare the refund and the refund will be issued to you directly.

These exclusions are very specific and have to meet the scope requirements. As the importer you will know your product best; the classification alone is not enough for us to prepare the refund.  Importers need to provide the burden of proof to show the goods meet the scope specifications.

Going forward Gallagher can use the exclusion classification and importers will not pay the China tax at the time of entry (provided the details show they are excluded).

Product Exclusion Status Updates

Visit the Product Exclusion Process section on the following pages for the latest updates

Call 303-365-1000 or email us anytime! We are always happy to help.