CSMS #49153305 - GUIDANCE: Five-Year Suspension of United Kingdom (UK) and European Union (EU) Duties in Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute

U.S. Customs and Border Protection sent this bulletin at 08/23/2021 03:02 PM EDT

Cargo Systems Messaging Service

CSMS #49153305 - GUIDANCE: Five-Year Suspension of United Kingdom (UK) and European Union (EU) 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 suspend, for a period of five years, additional duties on products of the UK and EU under the Section 301 Large Civil Aircraft (LCA) dispute. The five-year suspension period begins on July 4, 2021 for the UK, and July 11, 2021 for the EU.

BACKGROUND
On October 9, 2019, the USTR published Federal Register (FR) Notice 84 FR 54245, imposing additional duties on certain products of the UK and EU in the Section 301 investigation to enforce U.S. WTO rights in the LCA dispute.

On March 11 and March 16, 2021, the USTR published FR Notices 86 FR 13961 and 86 FR 14513, respectively, temporarily suspending additional duties on products of the UK and EU, effective March 4 and March 11, 2021, respectively.

On July 9, 2021, the USTR published FR Notice 86 FR 36313, suspending, for a period of five years, additional duties on products of the UK and EU. The beginning of the five-year suspension period is July 4, 2021 for the UK, and July 11, 2021 for the EU.

The functionality for the acceptance of the imported merchandise covered by this suspension is available in the Automated Commercial Environment (ACE).

GUIDANCE
Instructions for importers, brokers, and filers on importing products of the UK and EU for consumption during the five-year suspension period granted by the USTR from the Section 301 LCA measures are set out below:

• Per paragraph 1 of the Annex to 86 FR 36313, products of the UK falling under HTS subheadings 9903.89.05 through 9903.89.63 will not be subject to additional Section 301 duties for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on July 4, 2021.

• Per paragraph 1 of the Annex to 86 FR 36313, products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden falling under HTS subheadings 9903.89.05 through 9903.89.63 will not be subject to additional Section 301 duties for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on July 11, 2021.

• Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 LCA duties for products of the EU and/or the UK during the 5-year suspension period.

ADDITIONAL INFORMATION
Any product of the UK 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, 2011, will remain subject to the applicable duties in subheadings 9903.89.05 through 9903.89.55 upon entry for consumption. Any product of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, or Sweden, 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 11, 2021, will remain subject to the applicable duties in subheadings 9903.89.05 through 9903.89.63 upon entry for consumption.

Any product of the UK covered by paragraph 3 of the Annex to 86 FR 36313, admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on July 4, 2021, and any product of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, or Sweden, covered by paragraph 3 of the Annex to 86 FR 36313, admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern daylight time on July 11, 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).

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 Messages: 46590066, 46561075, 45453497, 43784137, 43762405, 41898289, 40430843, 40281968

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