COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
COVID-19 and Access to Medical Products:
Implications of Section 301 Tariffs
Updated February 16, 2022
Congressional Research Service
https://crsreports.congress.gov
R46954
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Contents
Overview ......................................................................................................................................... 1
Background on Section 301 Tariffs ................................................................................................. 2
Reinstating Previously Extended Tariff Exclusions ........................................................................ 3
Medical-Care and COVID-19 Response Products .......................................................................... 4
Outlook ............................................................................................................................................ 4
Tables
Table 1. Section 301 Tariff Exclusion Extensions Granted and Under Review: Medical-
Care and COVID-19 Response Products ..................................................................................... 4
Table 2. Section 301 Tariff Exclusion Extensions Under Review: Other Products With
Potential Uses For COVID-19 Response Efforts ....................................................................... 14
Contacts
Author Information ........................................................................................................................ 16
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
could apply for exclusions from Section 301 tariffs on U.S. imports from China.1 Specifically, the
agency requested comments on whether to reinstate 549 exclusions that were previously extended
and had expired or were set to expire soon.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 collected comments through its portal until December 1, 2021.
Separately, in light of the spread of the COVID-19 Delta variant last summer and developments
in the production capacity of U.S.-based manufacturers to satisfy various national needs, the
USTR concluded a review of public comments on whether 99 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, 2021, to provide a transition period for all 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 potentially be
reinstated or further extended beyond May 2022 under the ongoing review process announced in
October (“General Review”).5 The agency clarified that the criteria used for granting exclusions
under the general review will be different than that applied under the COVID-19 review, and that
it 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.
economy. This has been the case particularly in the aftermath of the COVID-19 pandemic, which
1 Office of the U.S. Trade 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 Technology Transfer, Intellectual
Property, and Innovation,” 86 FR 56345, October 8, 2021.
2 For more detail, see Office of the U.S. Trade Representative, “Index of 549 Previously Extended Exclusions.”
3 The 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. Trade Representative, “Request for Comments on Certain
Products Exclusions Related to COVID-19: China’s Acts, Policies, and Practices Related to Technology Transfer,
Intellectual Property, and Innovation,” 86 FR 48280, August 27, 2021. The 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. Trade Representative, “Notice of Product Exclusion Extensions: China’s Acts, Policies,
and Practices Related to Technology Transfer, Intellectual Property, and Innovation,” 86 FR 54011, September 29,
2021.
4 Office of the U.S. Trade Representative, “Notice of Product Exclusion Extensions: China’s Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and Innovation,” 86 FR 63438, November 16, 2021.
5 The 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. Trade 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 Thomas R. Carper, from the U.S. Senate Committee on Finance, and Senator
Tim Kaine asked the U.S. Government Accountability Office (GAO) to review how the USTR decided to exclude
products from China from tariffs under Section 301. For more detail, see GAO’s report, “U.S.-China Trade: USTR
Should Fully Document Internal Procedures for Making Tariff Exclusion and Extension Decisions,” GAO-21-506, July
28, 2021.
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
has affected the United States’ ability to obtain certain products domestically 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 2021
actions were not aimed at providing broader tariff relief. They were limited to extending
unexpired exclusions on medical supplies relevant to combatting the COVID-19 pandemic and
requesting comments on whether to reinstate exclusions that were previously extended.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, intellectual 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 unilaterally 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 challenged at the WTO.
Since 2017, the USTR has launched Section 301 investigations against 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 allowed to retaliate.
8 In March 2021, the USTR extended—through September 2021—the 99 exclusions granted or extended in December
2020. To provide time to review comments received between August and September 2021, the USTR 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. Trade Representative, “Notice of Product Exclusion Extensions: China’s Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation,” 86 FR 13785, March 10, 2021, and “Notice of
Product Exclusion Extensions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual
Property, and Innovation,” 86 FR 54011, September 29, 2021.
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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—could 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
specially prepared product descriptions (“specific products”) or 10-digit HTS subheading
(“product categories”). Parties were not able to petition the USTR for new exclusions or
extensions to expired exclusions that were not previously extended.
The USTR indicated that it will 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 will cause severe economic harm to the commenter
or other U.S. interests, including small 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 will publish decisions on reinstated exclusions through Federal Register
notices and that the exclusions will be retroactive to October 12, 2021. Exclusions apply
generally 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 text box).
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 (generally 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. Trade 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 Technology Transfer, Intellectual
Property, and Innovation,” 86 FR 56345, October 8, 2021.
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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 formally 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 allow 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
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
2805.11.0000 Product
Sodium metal (CAS No. 7440-23-5), in
3
05/31/2022
COVID-19 &
Specific
bulk solid form
General
3401.19.0000 Entire
Soap & other organic surface-active
4A
05/31/2022
COVID-19 &
Subheading products, not for toilet use, in bars,
General
cakes, molded pieces, and paper, etc.
impregnated or coated with soap or
detergent
10 Office of the U.S. Trade Representative, “Fact Sheet: The Biden-Harris Administration’s New Approach to the U.S.-
China Trade Relationship,” Press Release, October 4, 2021.
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
3401.30.5000 Product
Hand soaps and hand sanitizers in the
3
11/30/2021
COVID-19
Specific
form 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 &
Specific
materials impregnated, coated or
General
covered with organic surface-active
preparations for washing the skin, put
up for retail sale
3401.30.5000 Product
Organic surface-active liquid for
3
11/30/2021
COVID-19 &
Specific
washing the skin, not containing any
General
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
3
05/31/2022
COVID-19
Subheading or modified aromatic disinfectant
3808.94.5010 Entire
Wipes impregnated with alcohol or
3
05/31/2022
COVID-19
Subheading other disinfectants, other than paper
wipes or nonwoven wipes
3808.94.5050 Entire
Hydrogen peroxide put up in
3
11/30/2021
COVID-19
Subheading disinfectant preparations for sanitizing
or disinfecting surfaces
3808.94.5080 Entire
Alcohol-based hand sanitizer
3
11/30/2021
COVID-19
Subheading containing 60% 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
3
11/30/2021
COVID-19
Subheading statistical 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 &
Specific
General
3824.99.9297 Product
Mixtures containing
3
05/31/2022
COVID-19 &
Specific
N,Ndimethyldodecan-1-amine (CAS
General
No. 112-18-5) and N,N-
dimethyltetradecan-1-amine (CAS No.
112-75-4) [*]
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
3917.29.0090 Product
Molded acrylonitrile-butadiene-styrene
2
05/31/2022
COVID-19 &
Specific
tubes, of a kind used to effect the
General
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
3
05/31/2022
COVID-19
Specific
hoses, of polyvinyl chloride, with lock
connectors at each end
3919.90.5060 Product
Polyethylene film, 20.32 to 198.12 cm
2
11/30/2021
COVID-19 &
Specific
in width, and 30.5 to 2000.5 m in
General
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
2
05/31/2022
COVID-19 &
Specific
low-density polyethylene, 111.75 cm to
General
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
2
05/31/2022
COVID-19 &
Specific
cross-linked polyethylene and ethylene
General
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
3921.90.1500 Product
Polyethylene sheet and film laminated
2
05/31/2022
COVID-19 &
Specific
with spunbond-spunbond-spunbond
General
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
3
05/31/2022
COVID-19 &
Specific
comprising a tub and lid therefore,
General
configured or fitted for the
conveyance, packing, or dispensing of
wet wipes
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
3923.21.0030 Product
Sacks and bags of polymers of
3
05/31/2022
COVID-19
Specific
ethylene, 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
3
05/31/2022
COVID-19 &
Subheading ethylene, NESOI
General
3923.50.0000 Product
Injection molded polypropylene plastic
3
05/31/2022
COVID-19 &
Specific
caps or lids each weighing not over 24
General
grams designed for dispensing wet
wipes
3926.20.9010 Product
Aprons, of plastic, of a kind used as
3
11/30/2021
COVID-19
Specific
personal protective equipment
3926.20.9050 Entire
Articles of apparel & clothing
3
05/31/2022
COVID-19 &
Subheading accessories, of plastic, NESOI
General
3926.90.9910 Entire
Laboratory ware
4A
05/31/2022
COVID-19 &
Subheading
General
3926.90.9950 Product
Face shields of transparent plastics,
4A
05/31/2022
COVID-19
Specific
whether or not assembled
3926.90.9985 Product
Bowls of molded plastics, with clips for
4A
05/31/2022
COVID-19 &
Specific
retaining guide wires during surgical
General
procedures (described in statistical
reporting number 3926.90.9990 prior
to July 1, 2020)
3926.90.9985 Product
Disposable graduated medicine
4A
05/31/2022
COVID-19 &
Specific
dispensing cups of plastics (described
General
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 &
Specific
plastics, of a kind used to protect the
General
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
4A
05/31/2022
COVID-19 &
Specific
plastics, each of a kind used to transfer
General
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
4A
05/31/2022
COVID-19 &
Specific
over wound sites or casts thereby
General
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
4A
11/30/2021
COVID-19 &
Subheading natural rubber, other than hard rubber
General
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
4015.19.0550 Entire
Medical gloves, of vulcanized rubber
4A
11/30/2021
COVID-19 &
Subheading other than hard rubber, NESOI
General
4015.19.1010 Entire
Seamless, disposable gloves, of
3
11/30/2021
COVID-19 &
Subheading vulcanized rubber other than hard
General
rubber
4015.19.1010 Product
Seamless disposable gloves of
3
11/30/2021
COVID-19 &
Specific
acrylonitrile butadiene rubber, other
General
than for surgical or medical use
4015.19.1010 Product
Seamless disposable gloves of natural
3
11/30/2021
COVID-19 &
Specific
rubber latex, other than for surgical or
General
medical use
4818.90.0020 Entire
Face masks of paper pulp, paper
4A
05/31/2022
COVID-19 &
Subheading cellulose wadding or webs of cellulose
General
fibers
4818.90.0080 Entire
Bed sheets and similar household or
4A
05/31/2022
COVID-19 &
Subheading hospital articles of paper pulp, paper
General
cellulose wadding or webs of cellulose
fibers, NESOI
4819.50.4060 Entire
Packing containers, NESOI, of paper,
3
05/31/2022
COVID-19 &
Subheading paperboard, cellulose wadding or webs
General
of cellulose fibers
5210.11.4040 Entire
Woven fabrics of cotton, containing
4A
05/31/2022
COVID-19 &
Subheading less than 85 percent by weight of
General
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
4A
05/31/2022
COVID-19 &
Subheading less than 85 percent by weight of
General
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,
3
05/31/2022
COVID-19 &
Subheading combed or otherwise processed for
General
spinning: of viscose rayon
5603.12.0090 Entire
Nonwovens, whether or not
3
05/31/2022
COVID-19 &
Subheading impregnated, coated, covered or
General
laminated, of man-made filaments,
weighing more than 25 g/m2 but not
more than 70 g/m2, other
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COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
5603.12.0090 Product
Nonwoven fabrics of man-made fibers,
3
11/30/2021
COVID-19 &
Specific
weighing more than 25 g/m2 but not
General
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 &
Subheading impregnated, coated, covered or
General
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-
3
05/31/2022
COVID-19 &
Subheading made, other than floor covering
General
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-
3
05/31/2022
COVID-19 &
Subheading made, other than floor covering
General
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
3
11/30/2021
COVID-19 &
Specific
weight of textile fibers, coated with
General
rubber or plastics designed for
enhanced grip
6210.10.5010 Entire
Surgical or isolation gowns, disposable,
4A
05/31/2022
COVID-19 &
Subheading of nonwoven fabrics of heading 5602
General
or 5603
6210.10.5090 Entire
Disposable apparel designed for use in
4A
05/31/2022
COVID-19 &
Subheading hospitals, clinics, laboratories and
General
other areas, of nonwoven fabrics of
heading 5602 or 5603, NESOI
6307.90.6090 Entire
Other made up articles, including dress 4A
11/30/2021
COVID-19 &
Subheading patterns: surgical drapes, of fabric
General
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 &
Subheading patterns: surgical drapes of spun laced
General
or bonded fiber fabric disposable
surgical drapes of man-made fibers
Congressional Research Service
9
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
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 &
Specific
respirators, of textile fabrics
General
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)
6307.90.9845 Product
Single-use medical masks of textile
4A
11/30/2021
COVID-19 &
Specific
material (described in statistical
General
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 &
Specific
respirators, of textile fabrics
General
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)
6307.90.9850 Product
Single-use medical masks of textile
4A
11/30/2021
COVID-19 &
Specific
material (described in statistical
General
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 &
Specific
respirators, of textile fabrics
General
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)
6307.90.9870 Product
Single-use medical masks of textile
4A
11/30/2021
COVID-19 &
Specific
material (described in statistical
General
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 &
Specific
respirators, of textile fabrics
General
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)
6307.90.9891 Product
Cold packs consisting of a single-use,
4A
05/31/2022
COVID-19 &
Specific
instant, endothermic chemical reaction
General
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
4A
11/30/2021
COVID-19 &
Specific
man-made fiber fabrics (described in
General
statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9891 Product
Hot packs of textile material, single-
4A
05/31/2022
COVID-19 &
Specific
use (described in statistical reporting
General
number 6307.90.9889 prior to July 1,
2020)
Congressional Research Service
10
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
6307.90.9891 Product
Laparotomy sponges of cotton
4A
05/31/2022
COVID-19 &
Specific
(described in statistical reporting
General
number 6307.90.9889 prior to July 1,
2020)
6307.90.9891 Product
Single-use blood pressure cuff sleeves
4A
05/31/2022
COVID-19 &
Specific
of textile materials (described in
General
statistical reporting number
6307.90.9889 prior to July 1, 2020)
6307.90.9891 Product
Single-use stethoscope covers
4A
05/31/2022
COVID-19 &
Specific
(described in statistical reporting
General
number 6307.90.9889 prior to July 1,
2020)
6307.90.9891 Product
Woven gauze sponges of cotton in
4A
05/31/2022
COVID-19 &
Specific
square or rectangular sizes (described
General
in statistical reporting number
6307.90.9889 prior to July 1, 2020)
6505.00.8015 Entire
Nonwoven disposable headgear
3
05/31/2022
COVID-19 &
Subheading without peaks or visors of manmade
General
fibers
8413.20.0000 Product
Hand pumps (other than for fuel or
3
05/31/2022
COVID-19 &
Specific
lubricants, not fitted or designed to be
General
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 &
Specific
butadiene styrene plastics
General
8421.39.8090 Product
Disposable plastic filters of a kind
1
05/31/2022
COVID-19 &
Specific
suitable for filtering and dehumidifying
General
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 &
Specific
sanitizing solutions, whether employing
General
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
3
05/31/2022
COVID-19 &
Subheading projecting, dispersing, spraying
General
liquid/powder; spray guns and similar
appliances, NESOI
8531.20.0040 Product
Indicator panels incorporating LEDs,
3
05/31/2022
COVID-19 &
Specific
designed for use in medical infusion
General
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
Congressional Research Service
11
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
8543.10.0000 Product
S-band and X-band linear accelerators
1
05/31/2022
COVID-19 &
Specific
designed for use in radiation surgery
General
or radiation therapy equipment
9004.90.0010 Product
Protective articles (described in
4A
05/31/2022
COVID-19 &
Specific
statistical reporting number
General
9004.90.0000 prior to January 1, 2021)
9004.90.0090 Product
Protective articles (described in
4A
05/31/2022
COVID-19 &
Specific
statistical reporting number
General
9004.90.0000 prior to January 1, 2021)
9011.80.0000 Product
Compound binocular optical
3
05/31/2022
COVID-19 &
Specific
microscopes (other than stereoscopic
General
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
3
05/31/2022
COVID-19 &
Specific
than stereoscopic microscopes and
General
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
1
05/31/2022
COVID-19 &
Specific
electrodes
General
9018.12.0000 Product
Ultrasonic scanning apparatus, each
1
05/31/2022
COVID-19
Specific
having 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
1
05/31/2022
COVID-19
Specific
use by medical professionals
9018.19.9550 Product
Digital peak flow meters suitable for
1
05/31/2022
COVID-19 &
Specific
use by medical professionals
General
9018.19.9550 Product
Fingertip pulse oximeters suitable for
1
05/31/2022
COVID-19 &
Specific
use by medical professionals
General
9018.19.9560 Product
Disposable surface electrodes for
1
05/31/2022
COVID-19 &
Specific
Intra-operative neuromonitoring
General
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 &
Specific
dimensional and surface finish
General
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 &
Specific
enclosure devices, each incorporating
General
radio frequency and gradient coils
Congressional Research Service
12
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
9018.19.9560 Product
Parts and accessories of capnography
1
05/31/2022
COVID-19 &
Specific
monitors
General
9018.90.2000 Product
Otoscopes
1
05/31/2022
COVID-19 &
Specific
General
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 &
Specific
General
9018.90.6000 Product
Electrosurgical cautery pencils with
1
05/31/2022
COVID-19 &
Specific
electrical connectors
General
9018.90.7580 Product
Printed circuit board assemblies
1
05/31/2022
COVID-19 &
Specific
designed for use in displaying
General
operational performance of medical
infusion equipment
9022.12.0000 Product
Combined positron emission
1
05/31/2022
COVID-19 &
Specific
tomography/computed tomography
General
scanners which utilize multiple PET
gantries on a common base
9022.90.2500 Product
X-ray tables
1
05/31/2022
COVID-19 &
Specific
General
9022.90.4000 Product
X-ray tube housings and parts thereof
1
05/31/2022
COVID-19 &
Specific
General
9022.90.6000 Product
Multi-leaf col imators of radiotherapy
1
05/31/2022
COVID-19 &
Specific
systems based on the use of X-ray
General
9022.90.6000 Product
Parts and accessories, of metal, for
1
05/31/2022
COVID-19 &
Specific
mobile X-ray apparatus
General
9022.90.6000 Product
Vertical stands special y designed to
1
05/31/2022
COVID-19 &
Specific
support, contain or adjust the
General
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
1
05/31/2022
COVID-19 &
Specific
polycaprolactone for the use of
General
immobilizing patients, during the use of
alpha, beta or gamma radiations, for
radiography or radiotherapy
9025.19.8010 Entire
Clinical infrared thermometers of a
2
05/31/2022
COVID-19
Subheading kind described in statistical note 2, not
combined with other instruments
9025.19.8020 Entire
Clinical thermometers, other than
2
05/31/2022
COVID-19
Subheading infrared, not combined with other
instruments, NESOI
9025.19.8060 Entire
Infrared thermometers, other than
2
05/31/2022
COVID-19
Subheading clinical, not combined with other
instruments, NESOI
Congressional Research Service
13
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
9025.19.8085 Entire
Thermometers, not combined with
2
05/31/2022
COVID-19
Subheading other instruments, NESOI
9027.90.5650 Product
Inoculator sets of plastics, each
1
05/31/2022
COVID-19 &
Specific
consisting of a plate with multiple
General
wells, 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, Intellectual 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
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
8409.91.9990 Product
Hydraulic valve lifters of steel with
3
Expired
General
Specific
rol ers, suitable for use solely or
(12/31/2020)
principally with 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
3
Expired
General
Specific
use solely or principally with spark-
(12/31/2020)
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 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]
Congressional Research Service
14
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Type of
Subheading or Product
Expiration
HTS Code
Exclusion
Description
List
Date
Review
8413.30.9090 Product
Cooling medium pumps for internal
3
Expired
General
Specific
combustion piston engines of the
(12/31/2020)
motor vehicles of headings 8703 or
8704 [e.g., for ambulances]
8421.39.8015 Product
Air purification equipment, electrically
1
Expired
General
Specific
powered, weighing less than 36 kg
(12/31/2020)
9011.10.8000 Product
Stereoscopic microscopes, not
1
Expired
General
Specific
provided with a means for
(12/31/2020)
photographing the image, valued not
over $500 per unit
9011.90.0000 Product
Adapter rings, tubes and extension
1
Expired
General
Specific
sleeves, stands and arm assemblies,
(12/31/2020)
stages and gliding tables, eye guards
and focusing racks, all the foregoing
designed for use with compound
optical microscopes
9018.12.0000 Product
Portable ultrasonic scanner consoles,
1
Expired
General
Specific
each weighing less than 4 kg,
(12/31/2020)
presented with or without transducer
9022.14.0000 Product
Radiation therapy systems, each
1
Expired
General
Specific
encased by steel-based structural shell
(12/27/2020)
with gantry cover comprising three
pairs of plastics-based panels
9022.90.6000 Product
Printed circuit board assemblies, of a
1
Expired
General
Specific
kind designed for use in X-ray
(12/31/2020)
apparatus
9025.19.8010 Product
Digital clinical thermometers
2
Expired
General
Specific
(described in statistical reporting
(12/31/2020)
number 9025.19.8040 prior to July 1,
2020)
9025.19.8010 Product
Digital clinical thermometers, valued
2
Expired
General
Specific
not over $11 each (described in
(12/31/2020)
statistical reporting number
9025.19.8040 prior to July 1, 2020)
9025.19.8020 Product
Digital clinical thermometers
2
Expired
General
Specific
(described in statistical reporting
(12/31/2020)
number 9025.19.8040 prior to July 1,
2020)
9025.19.8020 Product
Digital clinical thermometers, valued
2
Expired
General
Specific
not over $11 each (described in
(12/31/2020)
statistical reporting number
9025.19.8040 prior to July 1, 2020)
9403.90.8041 Product
Bed rails, each of which attaches to
3
Expired
General
Specific
the side of a bed to prevent the
(12/31/2020)
occupant of the bed 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.
Congressional Research Service
15
COVID-19 and Access to Medical Products: Implications of Section 301 Tariffs
Author Information
Andres B. Schwarzenberg
Analyst in International Trade and Finance
Disclaimer
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Congressional Research Service
R46954 · VERSION 5 · UPDATED
16