CSMS # 53843285 - Temporary Duty-Free Treatment of Infant Formula Under the Formula Act – Update for Fees

U.S. Customs and Border Protection sent this bulletin at 11/01/2022 04:14 PM EDT

Cargo Systems Messaging Service

CSMS # 53843285 - Temporary Duty-Free Treatment of Infant Formula Under the Formula Act – Update for Fees

This message is being issued to provide an update to the guidance provided in CSMS # 52739058 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. CBP has deployed a change in the Automated Commercial Environment (ACE) to no longer require the payment of fees on Formula Act entries.

BACKGROUND:

As stated in CSMS # 52739058, U.S. Customs and Border Protection (CBP) is providing duty-free treatment of the eligible infant formula products entered or withdrawn from warehouse for consumption from July 22, 2022, through December 31, 2022.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, exactions, or charges that otherwise would apply to such articles. Entries under the Formula Act are exempt from Merchandise Processing Fees (MPF) and Dairy Fees. Harbor Maintenance Fees (HMF) are still applicable. Entries under the Formula Act should not be filed as Type 02 Quota Entries.

UPDATE:

CBP deployed a change in ACE effective October 27, 2022, to no longer require the dairy fee or the Merchandise Processing Fee (MPF) on Formula Act entries through December 31, 2022.

Importers/brokers who have submitted entries eligible for the Formula Act and paid the dairy fee and/or MPF may request a refund of those fees.

For MPF refunds, importers/brokers must file a Post Summary Correction.
For refunds of paid dairy fee, importers/brokers must submit their requests to the United States Department of Agriculture (USDA) with a letter specifying the reason for a reimbursement, supporting documentation (example: original and adjusted bills of lading, packing lists, commercial invoices, letters from the manufacturer, laboratory test results, and adjusted CBP form 7501).

Additional documents may be requested during review. All documents should be submitted with request by email to john.galbraith@usda.gov (Subject: USDA, AMS, Dairy Program) or Mail:

USDA, AMS, Dairy Program

Attention John Galbraith

1400 Independence Avenue, S.W.

Room 2958-S

Washington, D.C. 20250-0233

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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