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

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR46954

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** February 16, 2022
- **Citation:** R46954

## Text

COVID-19 and Access to Medical Products:
Implications of Section 301 Tariffs
Updated February 16, 2022

Congressional Research Service
https://crsreports.congress.gov
R46954

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: MedicalCare 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 (COVID19) 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 collectively 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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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 following 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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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 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: MedicalCare and COVID-19 Response Products
Type of
Exclusion

Subheading or Product
Description

2805.11.0000

Product
Specific

3401.19.0000

Entire
Subheading

HTS Code

List

Expiration
Date

Sodium metal (CAS No. 7440-23-5), in
bulk solid form

3

05/31/2022

COVID-19 &
General

Soap & other organic surface-active
products, not for toilet use, in bars,
cakes, molded pieces, and paper, etc.
impregnated or coated with soap or
detergent

4A

05/31/2022

COVID-19 &
General

Review

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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Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

3401.30.5000

Product
Specific

Hand soaps and hand sanitizers in the
form of liquid or cream put up for
retail sale, other than hand sanitizers of
heading 3808

3

11/30/2021

COVID-19

3401.30.5000

Product
Specific

Disposable cloths of nonwoven textile
materials impregnated, coated or
covered with organic surface-active
preparations for washing the skin, put
up for retail sale

3

05/31/2022

COVID-19 &
General

3401.30.5000

Product
Specific

Organic surface-active liquid for
washing the skin, not containing any
aromatic or modified aromatic surfaceactive 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

3

11/30/2021

COVID-19 &
General

3808.94.1000

Entire
Subheading

Disinfectants containing any aromatic
or modified aromatic disinfectant

3

05/31/2022

COVID-19

3808.94.5010

Entire
Subheading

Wipes impregnated with alcohol or
other disinfectants, other than paper
wipes or nonwoven wipes

3

05/31/2022

COVID-19

3808.94.5050

Entire
Subheading

Hydrogen peroxide put up in
disinfectant preparations for sanitizing
or disinfecting surfaces

3

11/30/2021

COVID-19

3808.94.5080

Entire
Subheading

Alcohol-based hand sanitizer
containing 60% or more by weight of
ethanol, of a kind described in
statistical note 1 to Chapter 38

3

11/30/2021

COVID-19

3808.94.5095

Entire
Subheading

Disinfectants, NESOI (described in
statistical reporting number
3808.94.5090 prior to July 1, 2021)

3

11/30/2021

COVID-19

3824.99.9297

Product
Specific

Silicon monoxide in powder form

3

05/31/2022

COVID-19 &
General

3824.99.9297

Product
Specific

Mixtures containing
N,Ndimethyldodecan-1-amine (CAS
No. 112-18-5) and N,Ndimethyltetradecan-1-amine (CAS No.
112-75-4) [*]

3

05/31/2022

COVID-19 &
General

HTS Code

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

3917.29.0090

Product
Specific

Molded acrylonitrile-butadiene-styrene
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

2

05/31/2022

COVID-19 &
General

3917.33.0000

Product
Specific

Flexible oxygen tubes, pipes and hoses
presented with integrated molded
connectors, of polyvinyl chloride

3

05/31/2022

COVID-19

3917.33.0000

Product
Specific

Flexible gas sampling tubes, pipes and
hoses, of polyvinyl chloride, with lock
connectors at each end

3

05/31/2022

COVID-19

3919.90.5060

Product
Specific

Polyethylene film, 20.32 to 198.12 cm
in 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 rolls

2

11/30/2021

COVID-19 &
General

3920.10.0000

Product
Specific

Rectangular sheets of high-density or
low-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

2

05/31/2022

COVID-19 &
General

3921.19.0000

Product
Specific

Sheets and strips consisting of both
cross-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

2

05/31/2022

COVID-19 &
General

3921.90.1500

Product
Specific

Polyethylene sheet and film laminated
with 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

2

05/31/2022

COVID-19 &
General

3923.10.9000

Product
Specific

Container units of plastics, each
comprising a tub and lid therefore,
configured or fitted for the
conveyance, packing, or dispensing of
wet wipes

3

05/31/2022

COVID-19 &
General

HTS Code

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

3923.21.0030

Product
Specific

Sacks and bags of polymers of
ethylene, reclosable, qualifying as Class
1 medical devices by the U.S. Food and
Drug Administration under product
code NNI

3

05/31/2022

COVID-19

3923.21.0095

Entire
Subheading

Sacks and bags of polymers of
ethylene, NESOI

3

05/31/2022

COVID-19 &
General

3923.50.0000

Product
Specific

Injection molded polypropylene plastic
caps or lids each weighing not over 24
grams designed for dispensing wet
wipes

3

05/31/2022

COVID-19 &
General

3926.20.9010

Product
Specific

Aprons, of plastic, of a kind used as
personal protective equipment

3

11/30/2021

COVID-19

3926.20.9050

Entire
Subheading

Articles of apparel & clothing
accessories, of plastic, NESOI

3

05/31/2022

COVID-19 &
General

3926.90.9910

Entire
Subheading

Laboratory ware

4A

05/31/2022

COVID-19 &
General

3926.90.9950

Product
Specific

Face shields of transparent plastics,
whether or not assembled

4A

05/31/2022

COVID-19

3926.90.9985

Product
Specific

Bowls of molded plastics, with clips for
retaining guide wires during surgical
procedures (described in statistical
reporting number 3926.90.9990 prior
to July 1, 2020)

4A

05/31/2022

COVID-19 &
General

3926.90.9985

Product
Specific

Disposable graduated medicine
dispensing cups of plastics (described
in statistical reporting number
3926.90.9990 prior to July 1, 2020)

4A

05/31/2022

COVID-19 &
General

3926.90.9985

Product
Specific

Single-use sterile drapes and covers of
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)

4A

05/31/2022

COVID-19 &
General

3926.90.9985

Product
Specific

Sterile decanters of polystyrene
plastics, 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)

4A

05/31/2022

COVID-19 &
General

3926.90.9985

Product
Specific

Coverings, of plastics, designed to fit
over 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)

4A

05/31/2022

COVID-19 &
General

4015.19.0510

Entire
Subheading

Medical gloves, mittens and mitts of
natural rubber, other than hard rubber

4A

11/30/2021

COVID-19 &
General

HTS Code

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Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

4015.19.0550

Entire
Subheading

Medical gloves, of vulcanized rubber
other than hard rubber, NESOI

4A

11/30/2021

COVID-19 &
General

4015.19.1010

Entire
Subheading

Seamless, disposable gloves, of
vulcanized rubber other than hard
rubber

3

11/30/2021

COVID-19 &
General

4015.19.1010

Product
Specific

Seamless disposable gloves of
acrylonitrile butadiene rubber, other
than for surgical or medical use

3

11/30/2021

COVID-19 &
General

4015.19.1010

Product
Specific

Seamless disposable gloves of natural
rubber latex, other than for surgical or
medical use

3

11/30/2021

COVID-19 &
General

4818.90.0020

Entire
Subheading

Face masks of paper pulp, paper
cellulose wadding or webs of cellulose
fibers

4A

05/31/2022

COVID-19 &
General

4818.90.0080

Entire
Subheading

Bed sheets and similar household or
hospital articles of paper pulp, paper
cellulose wadding or webs of cellulose
fibers, NESOI

4A

05/31/2022

COVID-19 &
General

4819.50.4060

Entire
Subheading

Packing containers, NESOI, of paper,
paperboard, cellulose wadding or webs
of cellulose fibers

3

05/31/2022

COVID-19 &
General

5210.11.4040

Entire
Subheading

Woven fabrics of cotton, containing
less 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

4A

05/31/2022

COVID-19 &
General

5210.11.6020

Entire
Subheading

Woven fabrics of cotton, containing
less 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

4A

05/31/2022

COVID-19 &
General

5504.10.0000

Entire
Subheading

Artificial staple fibers, not carded,
combed or otherwise processed for
spinning: of viscose rayon

3

05/31/2022

COVID-19 &
General

5603.12.0090

Entire
Subheading

Nonwovens, whether or not
impregnated, coated, covered or
laminated, of man-made filaments,
weighing more than 25 g/m2 but not
more than 70 g/m2, other

3

05/31/2022

COVID-19 &
General

HTS Code

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Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

5603.12.0090

Product
Specific

Nonwoven fabrics of man-made fibers,
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 rolls 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

3

11/30/2021

COVID-19 &
General

5603.14.9090

Entire
Subheading

Other nonwovens, whether or not
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

3

05/31/2022

COVID-19 &
General

5603.92.0090

Entire
Subheading

Other non-woven fabrics, not manmade, other than floor covering
underlays & laminated fabrics, not
impregnated, coated, or covered,
weighing more than 25 g/m2 and less
than 70 g/m2

3

05/31/2022

COVID-19 &
General

5603.93.0090

Entire
Subheading

Other non-woven fabrics, not manmade, other than floor covering
underlays & laminated fabrics, not
impregnated, covered, weighing more
than 70 g/m2 and less than 150 g/m2

3

05/31/2022

COVID-19 &
General

6116.10.6500

Product
Specific

Gloves, containing less than 50% by
weight of textile fibers, coated with
rubber or plastics designed for
enhanced grip

3

11/30/2021

COVID-19 &
General

6210.10.5010

Entire
Subheading

Surgical or isolation gowns, disposable,
of nonwoven fabrics of heading 5602
or 5603

4A

05/31/2022

COVID-19 &
General

6210.10.5090

Entire
Subheading

Disposable apparel designed for use in
hospitals, clinics, laboratories and
other areas, of nonwoven fabrics of
heading 5602 or 5603, NESOI

4A

05/31/2022

COVID-19 &
General

6307.90.6090

Entire
Subheading

Other made up articles, including dress
patterns: surgical drapes, of fabric
formed on a base of paper or covered
with paper, other

4A

11/30/2021

COVID-19 &
General

6307.90.6800

Entire
Subheading

Other made up articles, including dress
patterns: surgical drapes of spun laced
or bonded fiber fabric disposable
surgical drapes of man-made fibers

4A

11/30/2021

COVID-19 &
General

HTS Code

Congressional Research Service

Review

9

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

6307.90.7200

Entire
Subheading

Other made up articles, including dress
patterns: surgical drapes, NESOI, not
spun laced or bonded fiber fabric.

4A

05/31/2022

COVID-19

6307.90.9845

Product
Specific

Face masks and particulate facepiece
respirators, of textile fabrics
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9845

Product
Specific

Single-use medical masks of textile
material (described in statistical
reporting number 6307.90.9889 prior
to July 1, 2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9850

Product
Specific

Face masks and particulate facepiece
respirators, of textile fabrics
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9850

Product
Specific

Single-use medical masks of textile
material (described in statistical
reporting number 6307.90.9889 prior
to July 1, 2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9870

Product
Specific

Face masks and particulate facepiece
respirators, of textile fabrics
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9870

Product
Specific

Single-use medical masks of textile
material (described in statistical
reporting number 6307.90.9889 prior
to July 1, 2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9875

Product
Specific

Face masks and particulate facepiece
respirators, of textile fabrics
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9891

Product
Specific

Cold packs consisting of a single-use,
instant, endothermic chemical reaction
cold pack combined with a textile
exterior lining (described in statistical
reporting number 6307.90.9889 prior
to July 1, 2020)

4A

05/31/2022

COVID-19 &
General

6307.90.9891

Product
Specific

Disposable shoe and boot covers of
man-made fiber fabrics (described in
statistical reporting number
6307.90.9889 prior to July 1, 2020)

4A

11/30/2021

COVID-19 &
General

6307.90.9891

Product
Specific

Hot packs of textile material, singleuse (described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

05/31/2022

COVID-19 &
General

HTS Code

Congressional Research Service

Review

10

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

6307.90.9891

Product
Specific

Laparotomy sponges of cotton
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

05/31/2022

COVID-19 &
General

6307.90.9891

Product
Specific

Single-use blood pressure cuff sleeves
of textile materials (described in
statistical reporting number
6307.90.9889 prior to July 1, 2020)

4A

05/31/2022

COVID-19 &
General

6307.90.9891

Product
Specific

Single-use stethoscope covers
(described in statistical reporting
number 6307.90.9889 prior to July 1,
2020)

4A

05/31/2022

COVID-19 &
General

6307.90.9891

Product
Specific

Woven gauze sponges of cotton in
square or rectangular sizes (described
in statistical reporting number
6307.90.9889 prior to July 1, 2020)

4A

05/31/2022

COVID-19 &
General

6505.00.8015

Entire
Subheading

Nonwoven disposable headgear
without peaks or visors of manmade
fibers

3

05/31/2022

COVID-19 &
General

8413.20.0000

Product
Specific

Hand pumps (other than for fuel or
lubricants, not fitted or designed to be
fitted with a metering device), each
used to dispense a metered quantity of
liquid soap or sanitizer

3

05/31/2022

COVID-19 &
General

8413.20.0000

Product
Specific

Hand pumps for liquids of acrylonitrile
butadiene styrene plastics

3

05/31/2022

COVID-19 &
General

8421.39.8090

Product
Specific

Disposable plastic filters of a kind
suitable for filtering and dehumidifying
a patient’s breath in a medical device
such as a gas analyzer

1

05/31/2022

COVID-19 &
General

8424.89.9000

Product
Specific

Dispensers of hand-cleaning or handsanitizing solutions, whether employing
a manual pump or a proximitydetecting battery-operated pump, each
article weighing not more than 3 kg

2

05/31/2022

COVID-19 &
General

8424.90.9080

Entire
Subheading

Parts of mechanical appliances for
projecting, dispersing, spraying
liquid/powder; spray guns and similar
appliances, NESOI

3

05/31/2022

COVID-19 &
General

8531.20.0040

Product
Specific

Indicator panels incorporating LEDs,
designed for use in medical infusion
equipment

3

05/31/2022

COVID-19 &
General

8537.10.9170

Product
Specific

Data input devices each with display
capabilities of a kind used for magnetic
resonance imaging equipment,
computed tomography equipment,
intraoperative X-ray equipment or
patient monitors

3

05/31/2022

COVID-19

HTS Code

Congressional Research Service

Review

11

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

8543.10.0000

Product
Specific

S-band and X-band linear accelerators
designed for use in radiation surgery
or radiation therapy equipment

1

05/31/2022

COVID-19 &
General

9004.90.0010

Product
Specific

Protective articles (described in
statistical reporting number
9004.90.0000 prior to January 1, 2021)

4A

05/31/2022

COVID-19 &
General

9004.90.0090

Product
Specific

Protective articles (described in
statistical reporting number
9004.90.0000 prior to January 1, 2021)

4A

05/31/2022

COVID-19 &
General

9011.80.0000

Product
Specific

Compound binocular optical
microscopes (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

3

05/31/2022

COVID-19 &
General

9011.80.0000

Product
Specific

Compound optical microscopes (other
than 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

3

05/31/2022

COVID-19 &
General

9018.11.9000

Product
Specific

Disposable electrocardiograph
electrodes

1

05/31/2022

COVID-19 &
General

9018.12.0000

Product
Specific

Ultrasonic scanning apparatus, each
having dimensions not exceeding 122
cm by 77 cm by 127 cm, whether or
not presented with transducer

1

05/31/2022

COVID-19

9018.19.9530

Product
Specific

Blood pressure monitors suitable for
use by medical professionals

1

05/31/2022

COVID-19

9018.19.9550

Product
Specific

Digital peak flow meters suitable for
use by medical professionals

1

05/31/2022

COVID-19 &
General

9018.19.9550

Product
Specific

Fingertip pulse oximeters suitable for
use by medical professionals

1

05/31/2022

COVID-19 &
General

9018.19.9560

Product
Specific

Disposable surface electrodes for
Intra-operative neuromonitoring
systems, each composed of a surface
electrode pad, an insulated wire, and a
standard DIN 42802 connector

1

05/31/2022

COVID-19 &
General

9018.19.9560

Product
Specific

Bismuth germanate crystals with set
dimensional and surface finish
requirements and used as a detection
element in Positron Emission
Tomography detectors

1

05/31/2022

COVID-19 &
General

9018.19.9560

Product
Specific

Magnetic resonance imaging patient
enclosure devices, each incorporating
radio frequency and gradient coils

1

05/31/2022

COVID-19 &
General

HTS Code

Congressional Research Service

Review

12

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

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

9018.19.9560

Product
Specific

Parts and accessories of capnography
monitors

1

05/31/2022

COVID-19 &
General

9018.90.2000

Product
Specific

Otoscopes

1

05/31/2022

COVID-19 &
General

9018.90.3000

Product
Specific

Anesthetic instruments and appliances
suitable for use in medical or surgical
sciences, and parts and accessories of
the foregoing

1

05/31/2022

COVID-19

9018.90.3000

Product
Specific

Anesthesia masks

1

05/31/2022

COVID-19 &
General

9018.90.6000

Product
Specific

Electrosurgical cautery pencils with
electrical connectors

1

05/31/2022

COVID-19 &
General

9018.90.7580

Product
Specific

Printed circuit board assemblies
designed for use in displaying
operational performance of medical
infusion equipment

1

05/31/2022

COVID-19 &
General

9022.12.0000

Product
Specific

Combined positron emission
tomography/computed tomography
scanners which utilize multiple PET
gantries on a common base

1

05/31/2022

COVID-19 &
General

9022.90.2500

Product
Specific

X-ray tables

1

05/31/2022

COVID-19 &
General

9022.90.4000

Product
Specific

X-ray tube housings and parts thereof

1

05/31/2022

COVID-19 &
General

9022.90.6000

Product
Specific

Multi-leaf collimators of radiotherapy
systems based on the use of X-ray

1

05/31/2022

COVID-19 &
General

9022.90.6000

Product
Specific

Parts and accessories, of metal, for
mobile X-ray apparatus

1

05/31/2022

COVID-19 &
General

9022.90.6000

Product
Specific

Vertical stands specially designed to
support, contain or adjust the
movement of X-ray digital detectors,
or the X-ray tube and collimator in
complete X-ray diagnostic systems

1

05/31/2022

COVID-19 &
General

9022.90.9500

Product
Specific

Thermoplastic masks of
polycaprolactone for the use of
immobilizing patients, during the use of
alpha, beta or gamma radiations, for
radiography or radiotherapy

1

05/31/2022

COVID-19 &
General

9025.19.8010

Entire
Subheading

Clinical infrared thermometers of a
kind described in statistical note 2, not
combined with other instruments

2

05/31/2022

COVID-19

9025.19.8020

Entire
Subheading

Clinical thermometers, other than
infrared, not combined with other
instruments, NESOI

2

05/31/2022

COVID-19

9025.19.8060

Entire
Subheading

Infrared thermometers, other than
clinical, not combined with other
instruments, NESOI

2

05/31/2022

COVID-19

HTS Code

Congressional Research Service

Review

13

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

HTS Code

Type of
Exclusion

Subheading or Product
Description

List

Expiration
Date

Review

9025.19.8085

Entire
Subheading

Thermometers, not combined with
other instruments, NESOI

2

05/31/2022

COVID-19

9027.90.5650

Product
Specific

Inoculator sets of plastics, each
consisting of a plate with multiple
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

1

05/31/2022

COVID-19 &
General

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 specially
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
Exclusion

Subheading or Product
Description

8409.91.9990

Product
Specific

Hydraulic valve lifters of steel with
rollers, suitable for use solely or
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]

3

Expired
(12/31/2020)

General

8409.91.9990

Product
Specific

Solid valve lifters of steel, suitable for
use solely or principally with sparkignition 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]

3

Expired
(12/31/2020)

General

HTS Code

Congressional Research Service

List

Expiration
Date

Review

14

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

Type of
Exclusion

Subheading or Product
Description

8413.30.9090

Product
Specific

Cooling medium pumps for internal
combustion piston engines of the
motor vehicles of headings 8703 or
8704 [e.g., for ambulances]

3

Expired
(12/31/2020)

General

8421.39.8015

Product
Specific

Air purification equipment, electrically
powered, weighing less than 36 kg

1

Expired
(12/31/2020)

General

9011.10.8000

Product
Specific

Stereoscopic microscopes, not
provided with a means for
photographing the image, valued not
over $500 per unit

1

Expired
(12/31/2020)

General

9011.90.0000

Product
Specific

Adapter rings, tubes and extension
sleeves, stands and arm assemblies,
stages and gliding tables, eye guards
and focusing racks, all the foregoing
designed for use with compound
optical microscopes

1

Expired
(12/31/2020)

General

9018.12.0000

Product
Specific

Portable ultrasonic scanner consoles,
each weighing less than 4 kg,
presented with or without transducer

1

Expired
(12/31/2020)

General

9022.14.0000

Product
Specific

Radiation therapy systems, each
encased by steel-based structural shell
with gantry cover comprising three
pairs of plastics-based panels

1

Expired
(12/27/2020)

General

9022.90.6000

Product
Specific

Printed circuit board assemblies, of a
kind designed for use in X-ray
apparatus

1

Expired
(12/31/2020)

General

9025.19.8010

Product
Specific

Digital clinical thermometers
(described in statistical reporting
number 9025.19.8040 prior to July 1,
2020)

2

Expired
(12/31/2020)

General

9025.19.8010

Product
Specific

Digital clinical thermometers, valued
not over $11 each (described in
statistical reporting number
9025.19.8040 prior to July 1, 2020)

2

Expired
(12/31/2020)

General

9025.19.8020

Product
Specific

Digital clinical thermometers
(described in statistical reporting
number 9025.19.8040 prior to July 1,
2020)

2

Expired
(12/31/2020)

General

9025.19.8020

Product
Specific

Digital clinical thermometers, valued
not over $11 each (described in
statistical reporting number
9025.19.8040 prior to July 1, 2020)

2

Expired
(12/31/2020)

General

9403.90.8041

Product
Specific

Bed rails, each of which attaches to
the side of a bed to prevent the
occupant of the bed from rolling out,
with a nylon mesh fabric cover

3

Expired
(12/31/2020)

General

HTS Code

List

Expiration
Date

Review

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
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 not 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
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copy or otherwise use copyrighted material.

Congressional Research Service

R46954 · VERSION 5 · UPDATED

16

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR46954. Public record. Not legal advice.