This message is being issued to provide updated guidance on HR 8351, the Formula Act. Signed by the President on July 22, 2022, the Formula Act temporarily suspends duty on imports of certain infant formula products. The Office of Trade has updated the Harmonized Tariff Schedule of the United States (HTSUS) file in the Automated Commercial Environment (ACE) to account for this legislation.
U.S. Customs and Border Protection (CBP) will provide duty-free treatment of the eligible infant formula products entered or withdrawn from warehouse for consumption from July 22, 2022 through December 31, 2022. Duty-free treatment is limited to certain infant formula products classified under the designated United States Harmonized Tariff Schedule (HTS) numbers. The eligible infant formula products will not be subject to any additional safeguard duties that may be imposed under subchapter IV of Chapter 99 of the HTS, or any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles.
Importers/filers are required to classify the infant formula products with the correct Chapter 19 or Chapter 21 HTS number, along with the corresponding Chapter 99 HTS number, as identified below.
Chapter 99 HTS Number Eligible Chapter 19 and Chapter 21 HTS Numbers
9903.19.19 1901.10.16, 1901.10.26, 1901.10.36, 1901.10.44
9903.19.20 1901.10.29, 1901.10.49
9903.19.21 2106.90.97
9903.19.22 2106.90.99
Should you have questions or concerns regarding this guidance, please contact the Office of Trade, Commercial Operations Revenue and Entry (CORE) Division at OTENTRYSUMMARY@cbp.dhs.gov
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