COVID-19 and Access to Medical Products:
Implications of Section 301 Tariffs
Updated November 17, 2021
Congressional Research Service
https://crsreports.congress.gov
R46954

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Overview
On October 8, 2021, the Office of the U.S. Trade Representative (USTR) published a Federal
Register notice seeking comments on whether to reopen the process by which U.S. stakeholders
may apply for exclusions from Section 301 tariffs on U.S. imports from China.1 Specifical y, the
agency is requesting comments on whether to reinstate 549 exclusions that were previously
extended and have now expired or are set to expire in the coming weeks.2 Some of these
exclusions cover products with known or potential medical uses related to the U.S. response to
the Coronavirus Disease 2019 (COVID-19) pandemic. The USTR is to collect comments through
its portal until December 1, 2021.
Separately, in light of the spread of the COVID-19 Delta variant this summer and developments
in the production capacity of U.S.-based manufacturers to satisfy various national needs, the
USTR recently concluded a review of public comments on whether 99 current exclusions on
medical-care and/or COVID-19 response products needed to be further extended for six months
(“COVID-19 Review”).3 In response to these comments and the advice from advisory
committees, the interagency Section 301 Committee, and the White House COVID-19 Response
Team, the USTR determined on November 9 to provide a transition period for al COVID-19
exclusions set to expire on November 14 (through November 30) and to extend 81 of the 99
COVID-19 exclusions through May 31, 2022.4 Eighty of the 99 exclusions also could potential y
be reinstated or further extended beyond May 2022 under the review process announced in
October (“General Review”).5 The agency recently clarified that the COVID-19 and general
reviews “are based on different factors and may result in different effective dates” for any
exclusions granted.6
Some Members of Congress have raised concerns about the exclusion process.7 They have
questioned USTR’s ability to “pick winners and losers” through granting or denying requests or
have pushed for broad tariff relief amid concerns about the negative impact of tariffs on the U.S.

1 Office of the U.S. T rade Representative, “Request for Comments on the Possible Reinstatement of Certain Exclusions
in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to T echnology T ransfer, Intellectual
Property, and Innovation,” 86 FR 56345, October 8, 2021.
2 For more detail, see Office of the U.S. T rade Representative, “ Index of 549 Previously Extended Exclusions.”
3 T he time window to submit comments on particular COVID-19 exclusions (“COVID-19 Review”) opened on August
27 and closed on September 27, 2021. Office of the U.S. T rade Representative, “ Request for Comments on Certain
Products Exclusions Related to COVID-19: China’s Acts, Policies, and Practices Related to T echnology T ransfer,
Intellectual Property, and Innovation,” 86 FR 48280, August 27, 2021. T he 99 COVID-19 exclusions were originally
scheduled to expire on September 30 but were temporarily extended through November 14 , 2021, as the review
continued. Office of the U.S. T rade Representative, “ Notice of Product Exclusion Extensions: China’s Acts, Policies,
and Practices Related to T echnology T ransfer, Intellectual Property, and Innovation,” 86 FR 54011, September 29,
2021.
4 Office of the U.S. T rade Representative, “ Notice of Product Exclusion Extensions: China's Acts, Policies, and
Practices Related to T echnology T ransfer, Intellectual Property, and Innovation ,” 86 FR 63438, November 16, 2021.
5 T he time window to submit comments on the reinstatement of exclusions (“General Review”) opened on October 12
and is set to close on December 1, 2021.
6 Office of the U.S. T rade Representative, “ Guidance Regarding Products Covered Both in the COVID Exclusion
Notices and the Notices Concerning Possible Reinstatement of Previously Extended Exclusions.”
7 For example, Senators Ron Wyden and T homas R. Carper, from the U.S. Senate Committee on Finance, and Senator
T im Kaine asked the U.S. Government Accountability Office (GAO) to review how the UST R decided to exclude
products from China from tariffs under Section 301. For more detail, see GAO’s report, “U.S. -China T rade: UST R
Should Fully Document Internal Procedures for Making T ariff Exclusion and Extension Decisions,” GAO-21-506, July
28, 2021.
Congressional Research Service

1

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

economy. This has been the case particularly in the aftermath of the COVID-19 pandemic, which
has affected the United States’ ability to obtain certain products domestical y or from countries
other than China. Other Members oppose granting any exclusions on the ground that doing so
may undermine Section 301’s effectiveness at addressing China’s unfair trade practices or hinder
U.S. efforts to incentivize domestic manufacturing of certain critical goods. The USTR’s actions
this year had been limited in scope to extending unexpired exclusions on medical supplies related
to the COVID-19 pandemic, and were not aimed at providing broader tariff relief.8
This report provides a brief overview of the “General Review” as it pertains to medical products.
It also includes a list of relevant exclusions categorized by: Harmonized Tariff Schedule of the
United States (HTS) subheading, type (entire subheading or product specific), round/action (Lists
1 through 4A), expiration date, and review process (COVID-19, General, or both). For more
detail about Section 301, see CRS Report R46604, Section 301 of the Trade Act of 1974: Origin,
Evolution, and Use.
Background on Section 301 Tariffs
In 2018, the USTR determined, pursuant to an investigation under “Section 301” (Title III of the
Trade Act of 1974, 19 U.S.C. §§2411-2420), that China’s acts, policies, and practices related to
technology transfer, intel ectual property (IP), and innovation were unreasonable or
discriminatory and burdened or restricted U.S. commerce. In an effort to counter these policies
and obtain their elimination, the Trump Administration imposed, under Section 301, four rounds
(Lists 1 through 4A) of increased tariffs on about two-thirds of U.S. imports from China.
However, in an effort to mitigate harm to U.S. interests, the USTR created a process whereby
interested parties could request that a particular product be excluded from the tariffs, subject to
certain criteria. Title III of the Trade Act of 1974 does not outline a formal process for exclusions
or require the USTR to establish one. The determination to do so appears to be solely at the
USTR’s discretion.
Overview of Section 301
Title III of the Trade Act of 1974 (Sections 301-310, codified at 19 U.S.C. §§2411-2420), titled “Relief from Unfair
Trade Practices," is col ectively referred to as "Section 301." It grants the USTR a range of responsibilities and
authorities to impose trade sanctions on foreign countries that violate U.S. trade agreements or engage in acts that
are "unjustifiable," "unreasonable," or "discriminatory" and burden U.S. commerce. Prior to 1995, the United States
used Section 301 to unilateral y pressure other countries to eliminate trade barriers and open their markets to U.S.
exports. The creation of an enforceable dispute settlement mechanism in the World Trade Organization (WTO),
strongly supported by the United States at the time, significantly reduced the use of Section 301. While the United
States retains the flexibility to seek recourse for foreign unfair trade practices in the WTO or under Section 301, a
determination to bypass WTO dispute settlement and impose retaliatory measures in response to a Section 301
investigation may be chal enged at the WTO.
Since 2017, the USTR has launched Section 301 investigations again st China, the European Union (EU), France, a
group of 10 trading partners, and Vietnam. Two investigations have resulted in the USTR imposing tariffs to date:
on U.S. imports from China and the EU. The U.S. action against the EU—unlike that against China—was based on a
WTO dispute in which the USTR anticipated being al owed to retaliate.

8 In March 2021, the UST R extended—through September 2021—the 99 exclusions granted or extended in December
2020. T o provide time to review comments received between August and September 2021, the UST R adopted an
interim 45-day extension of the exclusions that were set to expire on September 30 through November 14, 2021. Office
of the U.S. T rade Representative, “ Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices
Related to T echnology T ransfer, Intellectual Property, and Innovation,” 86 FR 13785, March 10, 2021, and “Notice of
Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to T echnology T ransfer, Intellectual
Property, and Innovation,” 86 FR 54011, September 29, 2021.
Congressional Research Service

2

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

For more detail, see CRS In Focus IF11346, Section 301 of the Trade Act of 1974 and CRS Report R46604, Section
301 of the Trade Act of 1974: Origin, Evolution, and Use.
Reinstating Previously-Extended Tariff Exclusions
Under the comment period and review announced in October 2021, importers and interested
parties—including law firms and trade associations—can submit comments through December 1,
supporting (or opposing) the reinstatement of a specific exclusion extension, including for how
long it should be reinstated. The 549 exclusions eligible for reinstatement are reflected in 563
special y prepared product descriptions (“specific products”) or 10-digit HTS subheading
(“product categories”). Currently, parties are not able to petition the USTR for new exclusions or
extensions to expired exclusions that were not previously extended.
The USTR indicated that it wil evaluate each extension request on a case-by-case basis, taking
into account the following: (1) availability of the product in question from non-Chinese sources;
(2) attempts by the importer to source the product from the United States or third countries; (3)
the potential impact that further extensions could have in countering or eliminating China’s trade
practices covered in the Section 301 investigation; and (4) the extent to which the imposition of
Section 301 tariffs on the particular product wil cause severe economic harm to the commenter
or other U.S. interests, including smal businesses, employment, manufacturing output, and
critical supply chains in the United States.9
The USTR did not announce a timetable for providing responses to filed comments. However, the
agency indicated that it wil publish decisions on reinstated exclusions through Federal Register
notices and that the exclusions wil be retroactive to October 12, 2021. Exclusions apply
general y to specified products, so any party importing a product covered by a reinstated
exclusion may file a claim. Importers whose goods entered or were withdrawn from warehouse
for consumption on or after October 12, 2021 may request tariff refunds from U.S. Customs and
Border Protection (CBP), provided that CBP has not already calculated the final duties owed by
the time the importers file the refund claim (see textbox).
Retroactive Section 301 Tariff Exclusions
Section 301 product exclusions granted by the U.S. Trade Representative (USTR) “may be retroactive for
unliquidated entries and for entries that are liquidated but where the liquidation is not final and the protest period
has not expired.
If a product exclusion has been granted, an importer of record (IOR) may request a refund by filing a corrective
action with CBP by filing a post summary correction (PSC) for unliquidated entries or file a protest for entries that
have liquidated but where the liquidation is not final and the protest period has not expired.
When a product exclusion is granted, an importer may submit a PSC to request a refund on unliquidated entries up
to 15 days prior to the scheduled liquidation date (general y within 300 days from the date of entry summary filing).
If an entry summary is set to liquidate in less than 15 days or has already liquidated, the entry summary is beyond
the PSC filing period. However, the importer may file a protest so long as the protest is filed within the 180 -day
period fol owing liquidation of the impacted entry summary(ies).”

Source: U.S. Customs and Border Protection, “CSMS #42566154: Section 232 and Section 301–Extensions Requests, PSCs,
and Protests,” May 1, 2020.

9 Office of the U.S. T rade Representative, “Request for Comments on the Possible Reinstatement of Certain Exclusions
in the Section 301 Investigation of China’s Acts, Policies, and Practices Related to T echnology T ransfer, Intellectual
Property, and Innovation,” 86 FR 56345, October 8, 2021.
Congressional Research Service

3

link to page 6 link to page 13 COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Medical-Care and COVID-19 Response Products
Of the 549 exclusion extensions eligible for reinstatement, CRS was able to identify 23 product
categories and 64 specific products with known medical uses (Table 1). Other exclusions eligible
for reinstatement—but not formal y identified by the USTR as medical or COVID-related—may
apply to products that have potential medical uses, can serve as inputs for the manufacture of
medical products, or can be used in pandemic response efforts (see, for example, Table 2).
However, their ultimate purpose may not always be easily ascertained from HTS subheadings or
product descriptions (e.g., organic chemicals or textiles for the manufacture of pharmaceuticals or
personal protective equipment).
Outlook
In recent years, some Members have introduced legislation to amend Title III of the Trade Act of
1974, while also raising the issue of establishing or streamlining an exclusion process during
hearings and in letters to the USTR. For example, the United States Innovation and Competition
Act of 2021 (S. 1260), if enacted, would suspend tariffs—including those imposed under Section
301—on certain goods needed to combat the COVID-19 pandemic and would set out a process
for excluding imports from Section 301 tariffs in statute, rather than al ow USTR to create its
own process.
The Biden Administration continues to review its trade strategy for China, thus far announcing
potential renewal of the Section 301 tariff exclusion process and focusing on enforcement of the
U.S.-China “Phase One” trade agreement.10 It is possible that the Biden Administration could use
Section 301 authorities to counter or obtain the elimination of other Chinese practices that may
disadvantage or discriminate against U.S. exports, firms, and workers in the future.
Congress may wish to engage with the Administration to develop and implement specific
guidelines for when and how to grant and extend exclusions. This has the potential to promote
transparency, consistency, and proper application of standards in reviewing exclusion requests,
thereby helping to ensure that the USTR carries out Section 301 objectives as prescribed by
Congress.
Table 1. Section 301 Tariff Exclusion Extensions Granted and Under Review: Medical-
Care and COVID-19 Response Products
Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
2805.11.0000
Product
Sodium metal (CAS No. 7440-23-5), in bulk
3
05/31/2022
COVID-19 & General
Specific
solid form
3401.19.0000
Entire
Soap & other organic surface-active
4A
05/31/2022
COVID-19 & General
Subheading
products, not for toilet use, in bars, cakes,
molded pieces, and paper, etc. impregnated
or coated with soap or detergent
3401.30.5000
Product
Hand soaps and hand sanitizers in the form
3
11/30/2021
COVID-19
Specific
of liquid or cream put up for retail sale,
other than hand sanitizers of heading 3808
3401.30.5000
Product
Disposable cloths of nonwoven textile
3
05/31/2022
COVID-19 & General
Specific
materials impregnated, coated or covered
with organic surface-active preparations for
washing the skin, put up for retail sale

10 Office of the U.S. T rade Representative, “ Fact Sheet: T he Biden-Harris Administration’s New Approach to the U.S.-
China T rade Relationship,” Press Release, October 4, 2021.
Congressional Research Service

4

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
3401.30.5000
Product
Organic surface-active liquid for washing the
3
11/30/2021
COVID-19 & General
Specific
skin, not containing any aromatic or
modified aromatic surface-active agent, put
up for retail sale in a bottle of plastics with
pump-action top, each bottle measuring not
more than 17 cm in width, not more than 27
cm in height and not more than 6.5 cm in
length and with a net weight of not more
than 0.5 kg
3808.94.1000
Entire
Disinfectants containing any aromatic or
3
05/31/2022
COVID-19
Subheading
modified aromatic disinfectant
3808.94.5010
Entire
Wipes impregnated with alcohol or other
3
05/31/2022
COVID-19
Subheading
disinfectants, other than paper wipes or
nonwoven wipes
3808.94.5050
Entire
Hydrogen peroxide put up in disinfectant
3
11/30/2021
COVID-19
Subheading
preparations for sanitizing or disinfecting
surfaces
3808.94.5080
Entire
Alcohol-based hand sanitizer containing 60%
3
11/30/2021
COVID-19
Subheading
or more by weight of ethanol, of a kind
described in statistical note 1 to Chapter 38
3808.94.5095
Entire
Disinfectants, NESOI (described in statistical
3
11/30/2021
COVID-19
Subheading
reporting number 3808.94.5090 prior to July
1, 2021)
3824.99.9297
Product
Silicon monoxide in powder form
3
05/31/2022
COVID-19 & General
Specific
3824.99.9297
Product
Mixtures containing N,Ndimethyldodecan-1-
3
05/31/2022
COVID-19 & General
Specific
amine (CAS No. 112-18-5) and N,N-
dimethyltetradecan-1-amine (CAS No. 112-
75-4) [*]
3917.29.0090
Product
Molded acrylonitrile-butadiene-styrene
2
05/31/2022
COVID-19 & General
Specific
tubes, of a kind used to effect the sterile
transfer of fluid from a bag or vial to another
container, each tube measuring 7.5 cm or
more but not exceeding 23 cm in length,
with an inner diameter of less than 0.65 cm
and an outer diameter of less than 9 cm, one
end having been angle-cut to form a spike,
and having an integrated flange, less than 3
cm in diameter near the spike end and
removable polyethylene caps on each end,
put up in sterile packing
3917.33.0000
Product
Flexible oxygen tubes, pipes and hoses
3
05/31/2022
COVID-19
Specific
presented with integrated molded
connectors, of polyvinyl chloride
3917.33.0000
Product
Flexible gas sampling tubes, pipes and hoses,
3
05/31/2022
COVID-19
Specific
of polyvinyl chloride, with lock connectors
at each end
3919.90.5060
Product
Polyethylene film, 20.32 to 198.12 cm in
2
11/30/2021
COVID-19 & General
Specific
width, and 30.5 to 2000.5 m in length,
coated on one side with solvent acrylic
adhesive, clear or in transparent colors,
whether or not printed, in rol s
3920.10.0000
Product
Rectangular sheets of high-density or low-
2
05/31/2022
COVID-19 & General
Specific
density polyethylene, 111.75 cm to 215.9 cm
in width, and 152.4 cm to 304.8 cm in
length, with a sticker attached to mark the
center of each sheet, of a kind used in
hospital or surgery center operating rooms
3921.19.0000
Product
Sheets and strips consisting of both cross-
2
05/31/2022
COVID-19 & General
Specific
linked polyethylene and ethylene vinyl
acetate, of a width greater than 1 m but not
greater than 1.5 m, and a length greater than
1.75 m but not greater than 2.6 m
Congressional Research Service

5

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
3921.90.1500
Product
Polyethylene sheet and film laminated with
2
05/31/2022
COVID-19 & General
Specific
spunbond-spunbond-spunbond nonwoven
polypropylene fabric, measuring 1.12 m or
more but not over 1.52 m in width and 1.93
m or more but not over 2.29 m in length,
and weighing 55 g/m² or more but not
exceeding 88 g/m²
3923.10.9000
Product
Container units of plastics, each comprising
3
05/31/2022
COVID-19 & General
Specific
a tub and lid therefore, configured or fitted
for the conveyance, packing, or dispensing of
wet wipes
3923.21.0030
Product
Sacks and bags of polymers of ethylene,
3
05/31/2022
COVID-19
Specific
reclosable, qualifying as Class 1 medical
devices by the U.S. Food and Drug
Administration under product code NNI
3923.21.0095
Entire
Sacks and bags of polymers of ethylene,
3
05/31/2022
COVID-19 & General
Subheading
NESOI
3923.50.0000
Product
Injection molded polypropylene plastic caps
3
05/31/2022
COVID-19 & General
Specific
or lids each weighing not over 24 grams
designed for dispensing wet wipes
3926.20.9010
Product
Aprons, of plastic, of a kind used as personal
3
11/30/2021
COVID-19
Specific
protective equipment
3926.20.9050
Entire
Articles of apparel & clothing accessories, of
3
05/31/2022
COVID-19 & General
Subheading
plastic, NESOI
3926.90.9910
Entire
Laboratory ware
4A
05/31/2022
COVID-19 & General
Subheading
3926.90.9950
Product
Face shields of transparent plastics, whether
4A
05/31/2022
COVID-19
Specific
or not assembled
3926.90.9985
Product
Bowls of molded plastics, with clips for
4A
05/31/2022
COVID-19 & General
Specific
retaining guide wires during surgical
procedures (described in statistical reporting
number 3926.90.9990 prior to July 1, 2020)
3926.90.9985
Product
Disposable graduated medicine dispensing
4A
05/31/2022
COVID-19 & General
Specific
cups of plastics (described in statistical
reporting number 3926.90.9990 prior to July
1, 2020)
3926.90.9985
Product
Single-use sterile drapes and covers of
4A
05/31/2022
COVID-19 & General
Specific
plastics, of a kind used to protect the sterile
field in surgical operating rooms (described
in statistical reporting number 3926.90.9990
prior to July 1, 2020)
3926.90.9985
Product
Sterile decanters of polystyrene plastics,
4A
05/31/2022
COVID-19 & General
Specific
each of a kind used to transfer aseptic fluids
or medication to and from sterile bags, vials
or glass containers (described in statistical
reporting number 3926.90.9990 prior to July
1, 2020)
3926.90.9985
Product
Coverings, of plastics, designed to fit over
4A
05/31/2022
COVID-19 & General
Specific
wound sites or casts thereby forming a
protective seal for keeping the covered area
dry and debris free while showering or
bathing (described in statistical reporting
number 3926.90.9990 prior to July 1, 2020)
4015.19.0510
Entire
Medical gloves, mittens and mitts of natural
4A
11/30/2021
COVID-19 & General
Subheading
rubber, other than hard rubber
4015.19.0550
Entire
Medical gloves, of vulcanized rubber other
4A
11/30/2021
COVID-19 & General
Subheading
than hard rubber, NESOI
4015.19.1010
Entire
Seamless, disposable gloves, of vulcanized
3
11/30/2021
COVID-19 & General
Subheading
rubber other than hard rubber
4015.19.1010
Product
Seamless disposable gloves of acrylonitrile
3
11/30/2021
COVID-19 & General
Specific
butadiene rubber, other than for surgical or
medical use
4015.19.1010
Product
Seamless disposable gloves of natural rubber
3
11/30/2021
COVID-19 & General
Specific
latex, other than for surgical or medical use
Congressional Research Service

6

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
4818.90.0020
Entire
Face masks of paper pulp, paper cel ulose
4A
05/31/2022
COVID-19 & General
Subheading
wadding or webs of cel ulose fibers
4818.90.0080
Entire
Bed sheets and similar household or hospital
4A
05/31/2022
COVID-19 & General
Subheading
articles of paper pulp, paper cel ulose
wadding or webs of cel ulose fibers, NESOI
4819.50.4060
Entire
Packing containers, NESOI, of paper,
3
05/31/2022
COVID-19 & General
Subheading
paperboard, cel ulose wadding or webs of
cel ulose fibers
5210.11.4040
Entire
Woven fabrics of cotton, containing less
4A
05/31/2022
COVID-19 & General
Subheading
than 85 percent by weight of cotton, mixed
mainly or solely with man-made fibers,
weighing not more than 200 g/m2,
unbleached, Plain Weave, of number 42 or
lower number, sheeting
5210.11.6020
Entire
Woven fabrics of cotton, containing less
4A
05/31/2022
COVID-19 & General
Subheading
than 85 percent by weight of cotton, mixed
mainly or solely with man-made fibers,
weighing not more than 200 g/m2,
unbleached, plain weave, of numbers 43 to
68, poplin or broadcloth
5504.10.0000
Entire
Artificial staple fibers, not carded, combed
3
05/31/2022
COVID-19 & General
Subheading
or otherwise processed for spinning: of
viscose rayon
5603.12.0090
Entire
Nonwovens, whether or not impregnated,
3
05/31/2022
COVID-19 & General
Subheading
coated, covered or laminated, of man-made
filaments, weighing more than 25 g/m2 but
not more than 70 g/m2, other
5603.12.0090
Product
Nonwoven fabrics of man-made fibers,
3
11/30/2021
COVID-19 & General
Specific
weighing more than 25 g/m2 but not more
than 70 g/m2, with a smooth or embossed
texture (not impregnated, coated or
covered with material other than or in
addition to rubber, plastics, wood pulp or
glass fibers), in rol s that are pre-slitted in
lengths of not less than 15 cm to not more
than 107 cm, for use in the manufacture of
personal care wipes
5603.14.9090
Entire
Other nonwovens, whether or not
3
05/31/2022
COVID-19 & General
Subheading
impregnated, coated, covered or laminated,
of man-made filaments, weighing more than
150 g/m2, other than laminated fabrics, not
impregnated, coated or covered with
material other than or in addition to rubber,
plastics, wood pulp or glass fibers
5603.92.0090
Entire
Other non-woven fabrics, not man-made,
3
05/31/2022
COVID-19 & General
Subheading
other than floor covering underlays &
laminated fabrics, not impregnated, coated,
or covered, weighing more than 25 g/m2
and less than 70 g/m2
5603.93.0090
Entire
Other non-woven fabrics, not man-made,
3
05/31/2022
COVID-19 & General
Subheading
other than floor covering underlays &
laminated fabrics, not impregnated, covered,
weighing more than 70 g/m2 and less than
150 g/m2
6116.10.6500
Product
Gloves, containing less than 50% by weight
3
11/30/2021
COVID-19 & General
Specific
of textile fibers, coated with rubber or
plastics designed for enhanced grip
6210.10.5010
Entire
Surgical or isolation gowns, disposable, of
4A
05/31/2022
COVID-19 & General
Subheading
nonwoven fabrics of heading 5602 or 5603
6210.10.5090
Entire
Disposable apparel designed for use in
4A
05/31/2022
COVID-19 & General
Subheading
hospitals, clinics, laboratories and other
areas, of nonwoven fabrics of heading 5602
or 5603, NESOI
Congressional Research Service

7

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
6307.90.6090
Entire
Other made up articles, including dress
4A
11/30/2021
COVID-19 & General
Subheading
patterns: surgical drapes, of fabric formed on
a base of paper or covered with paper,
other
6307.90.6800
Entire
Other made up articles, including dress
4A
11/30/2021
COVID-19 & General
Subheading
patterns: surgical drapes of spun laced or
bonded fiber fabric disposable surgical
drapes of man-made fibers
6307.90.7200
Entire
Other made up articles, including dress
4A
05/31/2022
COVID-19
Subheading
patterns: surgical drapes, NESOI, not spun
laced or bonded fiber fabric.
6307.90.9845
Product
Face masks and particulate facepiece
4A
11/30/2021
COVID-19 & General
Specific
respirators, of textile fabrics (described in
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9845
Product
Single-use medical masks of textile material
4A
11/30/2021
COVID-19 & General
Specific
(described in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9850
Product
Face masks and particulate facepiece
4A
11/30/2021
COVID-19 & General
Specific
respirators, of textile fabrics (described in
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9850
Product
Single-use medical masks of textile material
4A
11/30/2021
COVID-19 & General
Specific
(described in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9870
Product
Face masks and particulate facepiece
4A
11/30/2021
COVID-19 & General
Specific
respirators, of textile fabrics (described in
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9870
Product
Single-use medical masks of textile material
4A
11/30/2021
COVID-19 & General
Specific
(described in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9875
Product
Face masks and particulate facepiece
4A
11/30/2021
COVID-19 & General
Specific
respirators, of textile fabrics (described in
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9891
Product
Cold packs consisting of a single-use, instant,
4A
05/31/2022
COVID-19 & General
Specific
endothermic chemical reaction cold pack
combined with a textile exterior lining
(described in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9891
Product
Disposable shoe and boot covers of man-
4A
11/30/2021
COVID-19 & General
Specific
made fiber fabrics (described in statistical
reporting number 6307.90.9889 prior to July
1, 2020)
6307.90.9891
Product
Hot packs of textile material, single-use
4A
05/31/2022
COVID-19 & General
Specific
(described in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9891
Product
Laparotomy sponges of cotton (described in
4A
05/31/2022
COVID-19 & General
Specific
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9891
Product
Single-use blood pressure cuff sleeves of
4A
05/31/2022
COVID-19 & General
Specific
textile materials (described in statistical
reporting number 6307.90.9889 prior to July
1, 2020)
6307.90.9891
Product
Single-use stethoscope covers (described in
4A
05/31/2022
COVID-19 & General
Specific
statistical reporting number 6307.90.9889
prior to July 1, 2020)
6307.90.9891
Product
Woven gauze sponges of cotton in square
4A
05/31/2022
COVID-19 & General
Specific
or rectangular sizes (described in statistical
reporting number 6307.90.9889 prior to July
1, 2020)
6505.00.8015
Entire
Nonwoven disposable headgear without
3
05/31/2022
COVID-19 & General
Subheading
peaks or visors of manmade fibers
Congressional Research Service

8

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
8413.20.0000
Product
Hand pumps (other than for fuel or
3
05/31/2022
COVID-19 & General
Specific
lubricants, not fitted or designed to be fitted
with a metering device), each used to
dispense a metered quantity of liquid soap
or sanitizer
8413.20.0000
Product
Hand pumps for liquids of acrylonitrile
3
05/31/2022
COVID-19 & General
Specific
butadiene styrene plastics
8421.39.8090
Product
Disposable plastic filters of a kind suitable
1
05/31/2022
COVID-19 & General
Specific
for filtering and dehumidifying a patient’s
breath in a medical device such as a gas
analyzer
8424.89.9000
Product
Dispensers of hand-cleaning or hand-
2
05/31/2022
COVID-19 & General
Specific
sanitizing solutions, whether employing a
manual pump or a proximity-detecting
battery-operated pump, each article
weighing not more than 3 kg
8424.90.9080
Entire
Parts of mechanical appliances for projecting,
3
05/31/2022
COVID-19 & General
Subheading
dispersing, spraying liquid/powder; spray
guns and similar appliances, NESOI
8531.20.0040
Product
Indicator panels incorporating LEDs,
3
05/31/2022
COVID-19 & General
Specific
designed for use in medical infusion
equipment
8537.10.9170
Product
Data input devices each with display
3
05/31/2022
COVID-19
Specific
capabilities of a kind used for magnetic
resonance imaging equipment, computed
tomography equipment, intraoperative X-ray
equipment or patient monitors
8543.10.0000
Product
S-band and X-band linear accelerators
1
05/31/2022
COVID-19 & General
Specific
designed for use in radiation surgery or
radiation therapy equipment
9004.90.0010
Product
Protective articles (described in statistical
4A
05/31/2022
COVID-19 & General
Specific
reporting number 9004.90.0000 prior to
January 1, 2021)
9004.90.0090
Product
Protective articles (described in statistical
4A
05/31/2022
COVID-19 & General
Specific
reporting number 9004.90.0000 prior to
January 1, 2021)
9011.80.0000
Product
Compound binocular optical microscopes
3
05/31/2022
COVID-19 & General
Specific
(other than stereoscopic microscopes and
microscopes for photomicrography,
cinemicrography or microprojection), each
with magnification of 40X or more but not
exceeding 1,000X, weighing not more than 3
kg
9011.80.0000
Product
Compound optical microscopes (other than
3
05/31/2022
COVID-19 & General
Specific
stereoscopic microscopes and microscopes
for photomicrography, cinemicrography or
microprojection), each with magnification of
40X or more but not exceeding 400X,
weighing not more than 15 kg
9018.11.9000
Product
Disposable electrocardiograph electrodes
1
05/31/2022
COVID-19 & General
Specific
9018.12.0000
Product
Ultrasonic scanning apparatus, each having
1
05/31/2022
COVID-19
Specific
dimensions not exceeding 122 cm by 77 cm
by 127 cm, whether or not presented with
transducer
9018.19.9530
Product
Blood pressure monitors suitable for use by
1
05/31/2022
COVID-19
Specific
medical professionals
9018.19.9550
Product
Digital peak flow meters suitable for use by
1
05/31/2022
COVID-19 & General
Specific
medical professionals
9018.19.9550
Product
Fingertip pulse oximeters suitable for use by
1
05/31/2022
COVID-19 & General
Specific
medical professionals
Congressional Research Service

9

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
9018.19.9560
Product
Disposable surface electrodes for Intra-
1
05/31/2022
COVID-19 & General
Specific
operative neuromonitoring systems, each
composed of a surface electrode pad, an
insulated wire, and a standard DIN 42802
connector
9018.19.9560
Product
Bismuth germanate crystals with set
1
05/31/2022
COVID-19 & General
Specific
dimensional and surface finish requirements
and used as a detection element in Positron
Emission Tomography detectors
9018.19.9560
Product
Magnetic resonance imaging patient
1
05/31/2022
COVID-19 & General
Specific
enclosure devices, each incorporating radio
frequency and gradient coils
9018.19.9560
Product
Parts and accessories of capnography
1
05/31/2022
COVID-19 & General
Specific
monitors
9018.90.2000
Product
Otoscopes
1
05/31/2022
COVID-19 & General
Specific
9018.90.3000
Product
Anesthetic instruments and appliances
1
05/31/2022
COVID-19
Specific
suitable for use in medical or surgical
sciences, and parts and accessories of the
foregoing
9018.90.3000
Product
Anesthesia masks
1
05/31/2022
COVID-19 & General
Specific
9018.90.6000
Product
Electrosurgical cautery pencils with electrical
1
05/31/2022
COVID-19 & General
Specific
connectors
9018.90.7580
Product
Printed circuit board assemblies designed for
1
05/31/2022
COVID-19 & General
Specific
use in displaying operational performance of
medical infusion equipment
9022.12.0000
Product
Combined positron emission
1
05/31/2022
COVID-19 & General
Specific
tomography/computed tomography scanners
which utilize multiple PET gantries on a
common base
9022.90.2500
Product
X-ray tables
1
05/31/2022
COVID-19 & General
Specific
9022.90.4000
Product
X-ray tube housings and parts thereof
1
05/31/2022
COVID-19 & General
Specific
9022.90.6000
Product
Multi-leaf col imators of radiotherapy
1
05/31/2022
COVID-19 & General
Specific
systems based on the use of X-ray
9022.90.6000
Product
Parts and accessories, of metal, for mobile
1
05/31/2022
COVID-19 & General
Specific
X-ray apparatus
9022.90.6000
Product
Vertical stands special y designed to support,
1
05/31/2022
COVID-19 & General
Specific
contain or adjust the movement of X-ray
digital detectors, or the X-ray tube and
col imator in complete X-ray diagnostic
systems
9022.90.9500
Product
Thermoplastic masks of polycaprolactone
1
05/31/2022
COVID-19 & General
Specific
for the use of immobilizing patients, during
the use of alpha, beta or gamma radiations,
for radiography or radiotherapy
9025.19.8010
Entire
Clinical infrared thermometers of a kind
2
05/31/2022
COVID-19
Subheading
described in statistical note 2, not combined
with other instruments
9025.19.8020
Entire
Clinical thermometers, other than infrared,
2
05/31/2022
COVID-19
Subheading
not combined with other instruments,
NESOI
9025.19.8060
Entire
Infrared thermometers, other than clinical,
2
05/31/2022
COVID-19
Subheading
not combined with other instruments,
NESOI
9025.19.8085
Entire
Thermometers, not combined with other
2
05/31/2022
COVID-19
Subheading
instruments, NESOI
Congressional Research Service

10

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
9027.90.5650
Product
Inoculator sets of plastics, each consisting of
1
05/31/2022
COVID-19 & General
Specific
a plate with multiple wel s, a display tray, and
a lid; when assembled, the set measuring 105
mm or more but not exceeding 108 mm in
width, 138 mm or more but not exceeding
140 mm in depth, and 6.5 mm or less in
thickness
Source: Congressional Research Service and the Office of the U.S. Trade Representative.
Notes: NESOI: not elsewhere specified or included. Products covered by Lists 1 through 3 are subject to
additional Section 301 tariffs (ad valorem) of 25%, while those under List 4A are subject to a 7.5% additional tariff.
The time window to submit comments as part of the “COVID-19 Review” opened on August 27 and closed on
September 27, 2021, while the comment window for the “General Review” opened on October 12 and is to
close on December 1, 2021. The 99 exclusions expiring on November 30, 2021 are reflected in 84 special y
prepared product descriptions and 33 10-digit Harmonized Tariff Schedule of the United States (HTS)
subheadings. [*] In October 2020, the USTR made a technical amendment to this product specific exclusion. Its
original description was “‘Mixtures containing 2-(dimethylamino) ethanol (CAS No. 108–01–0).” For more detail,
see Office of the U.S. Trade Representative, “Notice of Product Exclusion Extension Amendments: China’s Acts,
Policies, and Practices Related to Technology Transfer, Intel ectual Property, and Innovation,” 85 FR 63332,
October 7, 2020.
Table 2. Section 301 Tariff Exclusion Extensions Under Review: Other Products With
Potential Uses For COVID-19 Response Efforts
Type of
Expiration
HTS Code
Exclusion
Subheading or Product Description
List
Date
Review
8409.91.9990
Product
Hydraulic valve lifters of steel with rol ers,
3
Expired
General
Specific
suitable for use solely or principal y with
(12/31/2020)
spark-ignition internal combustion piston
engines (other than for aircraft engines,
marine propulsion engines or for vehicles of
subheading 8701.20, or headings 8702, 8703
or 8704), each measuring 5 cm or more but
not over 13 cm in length and 2.5 cm or
more but not over 3.9 cm in diameter and
weighing 135 g or more but not over 410 g
[e.g., for ambulances]
8409.91.9990
Product
Solid valve lifters of steel, suitable for use
3
Expired
General
Specific
solely or principal y with spark-ignition
(12/31/2020)
internal combustion piston engines (other
than for aircraft engines, marine propulsion
engines or for vehicles of subheading
8701.20, or headings 8702, 8703 or 8704),
each measuring 19 mm or more but not
over 114 mm in length and 6 mm or more
but not over 26 mm in diameter and
weighing 20 g or more but not over 250 g
[e.g., for ambulances]
8413.30.9090
Product
Cooling medium pumps for internal
3
Expired
General
Specific
combustion piston engines of the motor
(12/31/2020)
vehicles of headings 8703 or 8704 [e.g., for
ambulances]
8421.39.8015
Product
Air purification equipment, electrical y
1
Expired
General
Specific
powered, weighing less than 36 kg
(12/31/2020)
9011.10.8000
Product
Stereoscopic microscopes, not provided
1
Expired
General
Specific
with a means for photographing the image,
(12/31/2020)
valued not over $500 per unit
9011.90.0000
Product
Adapter rings, tubes and extension sleeves,
1
Expired
General
Specific
stands and arm assemblies, stages and gliding
(12/31/2020)
tables, eye guards and focusing racks, al the
foregoing designed for use with compound
optical microscopes
Congressional Research Service

11

COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs

9018.12.0000
Product
Portable ultrasonic scanner consoles, each
1
Expired
General
Specific
weighing less than 4 kg, presented with or
(12/31/2020)
without transducer
9022.14.0000
Product
Radiation therapy systems, each encased by
1
Expired
General
Specific
steel-based structural shel with gantry cover
(12/27/2020)
comprising three pairs of plastics-based
panels
9022.90.6000
Product
Printed circuit board assemblies, of a kind
1
Expired
General
Specific
designed for use in X-ray apparatus
(12/31/2020)
9025.19.8010
Product
Digital clinical thermometers (described in
2
Expired
General
Specific
statistical reporting number 9025.19.8040
(12/31/2020)
prior to July 1, 2020)
9025.19.8010
Product
Digital clinical thermometers, valued not
2
Expired
General
Specific
over $11 each (described in statistical
(12/31/2020)
reporting number 9025.19.8040 prior to July
1, 2020)
9025.19.8020
Product
Digital clinical thermometers (described in
2
Expired
General
Specific
statistical reporting number 9025.19.8040
(12/31/2020)
prior to July 1, 2020)
9025.19.8020
Product
Digital clinical thermometers, valued not
2
Expired
General
Specific
over $11 each (described in statistical
(12/31/2020)
reporting number 9025.19.8040 prior to July
1, 2020)
9403.90.8041
Product
Bed rails, each of which attaches to the side
3
Expired
General
Specific
of a bed to prevent the occupant of the bed
(12/31/2020)
from rol ing out, with a nylon mesh fabric
cover
Source: Congressional Research Service and the Office of the U.S. Trade Representative.
Notes: Products covered by Lists 1 through 3 are subject to additional Section 301 tariffs (ad valorem) of 25%.
The time window to submit comments as part of the “General Review” opened on October 12 and is to close
on December 1, 2021.

Author Information

Andres B. Schwarzenberg

Analyst in International Trade and Finance

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R46954 · VERSION 3 · UPDATED
12