On Wednesday, U.S. Customs and Border Protection (CBP) issued a notice to provide additional information on the implementation of the four-month tariff suspension on goods from the United Kingdom in connection to the Boeing/Airbus dispute. The notice is copied below.
CSMS #46561075 – GUIDANCE: Suspension of UK Duties in Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute
The purpose of this message is to provide notice of the United States Trade Representative’s (USTR) determination to temporarily suspend additional duties on products of the United Kingdom (UK) under the Section 301 Large Civil Aircraft (LCA) Dispute. The suspension is effective for imports, or warehouse withdrawals for consumption, on or after 12:01 a.m. eastern standard time on March 4, 2021 and before 12:01 a.m. eastern standard time on July 4, 2021.
BACKGROUND
On October 9, 2019, the USTR published 84 FR 54245, imposing additional duties on certain products of the EU and certain EU member States in the Section 301 investigation to enforce U.S. WTO rights in the Large Civil Aircraft Dispute.
On January 6, 2021, the USTR published FR Notice 86 FR 674, announcing additional 15 percent duties on certain parts of large civil aircraft of France and Germany, and 25 percent duties on other products of France and Germany.
On March 5, 2021, the USTR posted Notice of Modification of Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute on USTR.gov, temporarily suspending additional duties on products of the UK imported or withdrawn from warehouse for consumption from 12:01 a.m. eastern standard time on March 4, 2021 and before 12:01 a.m. eastern standard time on July 4, 2021.
The functionality for the acceptance of the imported merchandise covered by this suspension is available in the Automated Commercial Environment (ACE) as of 12:01 a.m. eastern daylight time, March 7, 2021. Importers may submit post summary corrections on entry summaries submitted on or after March 4 to request a refund of the suspended UK duties.
GUIDANCE
Instructions for importers, brokers, and filers on importing products of the UK for consumption during the four-month suspension period granted by the USTR from the Section 301 LCA measures are set out below:
• Per subparagraph 2 of the Annex to the notice, products of the United Kingdom falling under HTS subheadings 9903.89.05, 9903.89.07, 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.40, 9903.89.43, 9903.89.46, 9903.89.49, 9903.89.50, and 9903.89.55 will not be subject to additional Section 301 duties for imports, or warehouse withdrawals for consumption, on or after 12:01 a.m. eastern standard time on March 4, 2021 and before 12:01 a.m. eastern daylight time on July 4, 2021.
• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 LCA duties for products of the UK during the four-month suspension period.
For ease of reference, the complete list of affected products, countries of origin, Chapter 99 HTSUS numbers, and the associated effective dates and tariff rates is attached to this message.
ADDITIONAL INFORMATION
Any products of the United Kingdom that were admitted into a U.S. foreign trade zone in ‘privileged foreign status’ as defined in 19 CFR 146.41 before 12:01 a.m. eastern standard time on March 4, 2021 will remain subject to the applicable duties in subheadings 9903.89.05, 9903.89.07, 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.40, 9903.89.43, 9903.89.46, 9903.89.49, 9903.89.50 and 9903.89.55 upon entry for consumption.
Any product of the United Kingdom covered by subparagraph 2 of the Annex to the notice that is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern standard time on March 4, 2021, and before 12:01 a.m. eastern daylight time on July 4, 2021, may be admitted in any status, as applicable, as defined in 19 CFR 146, Subpart D.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).
Information on the suspension of Section 301 duties on products of the European Union will be provided when available.Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative.
Questions related to Section 301 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04.
Related Message Numbers: 45453497, 43784137, 43762405, 41898289, 40430843, 40281968