CSMS # 58559426 - Guidance: Canadian Export Certificate Requirement Reminder for Sugar Containing Products of Canada Under the World Trade Organization Agreement and United States-Mexico-Canada Agreement

U.S. Customs and Border Protection sent this bulletin at 11/30/2023 09:26 AM EST

Cargo Systems Messaging Service

CSMS # 58559426 - Guidance: Canadian Export Certificate Requirement Reminder for Sugar Containing Products of Canada Under the World Trade Organization Agreement and United States-Mexico-Canada Agreement

Filers are reminded that accessing Canadian sugar containing product requires a Canadian export certificate at entry under the World Trade Organization Agreement and the United States-Mexico-Canada Agreement (USMCA). Entries made without an authorized Canadian Export Certificate are subject to the high-rate duty. See entry process guidance below.

World Trade Organization Sugar Containing Products:

Per ARCHIVED administrative messages 99-1079 and 99-1083 export certificates for Canadian Origin Sugar Containing Products (SCP) subject to Tariff Rate Quotas are required on or after January 31, 2000.

Entries must have an 8-digit Canadian Export Certificate on the electronic 7501 AE (Entry Summary Create/Update) message, using Type Code 16 on the 52 record.

World Trade Organization SCPs are organized under U.S. Quota ID number 170191SGRB08 for HTSUS 1701.91.54, 1704.90.74, 1806.20.75, 1806.20,95, 1806.90.55, 190110.74, 1901.90.69, 2101.12.54, 2101.20.54, 2106.90.78, and 2106.90.95.

See Quota Bulletin QB 24-304 https://www.cbp.gov/trade/quota/bulletins/QB-24-304.

USMCA Canada Sugar Containing Products Tariff Rate Quota Note 10. Sugar containing products.

Per Federal Register Notice 85 FR 39660, published July 1, 2020, export certificates for Canadian Origin Sugar Containing Products are required on or after July 1, 2020.

https://www.federalregister.gov/documents/2020/07/01/2020-14172/implementation-of-the-usmca-tariff-rate-quota-for-imports-of-sugar-containing-products-of-canada

Beginning July 1, 2020, and in any subsequent calendar year, unless USTR issues a determination that export certificates will not be required for that year, consistent with 15 CFR § 2015.3, no SCP that is the product of Canada will be permitted entry under the in-quota tariff rate established for imports of SCPs from Canada, unless at the time of entry the person entering the SCP makes a declaration to U.S. Customs and Border Protection in the form and manner prescribed by U.S. Customs and Border Protection that a valid export certificate is in effect for the SCP. The Government of Canada will issue the export certificates. A certificate that meets the requirements of 15 CFR § 2015.3(b), will authorize entry into the United States, subject to the applicable in-quota quantity at the in-quota tariff-rate established under the Agreement.

Entries must have an 8-digit Canadian Export Certificate on the electronic 7501 AE (Entry Summary Create/Update) message, using Type Code 16 on the 52 record.

This note and subheading 9823.10.01 is effective for originating goods of the USMCA countries eligible for special tariff treatment under the terms of General Note 11 to the tariff schedule provided for within U.S. Quota ID number 982310UMCSSU2 for HTSUS 1701.91.48, 1701.91.58, 1702.20.28, 1702.30.28, 1701.40.28, 1702.60.28, 1702.90.58, 1702.90.68, 1704.90.68, 1704.90.78, 1806.10.15, 1806.10.28, 1806.10.38, 1806.10.55, 1806.10.75, 1806.20.73, 1806.20.77, 1806.20.94, 1806.20.98, 1806.90.39, 1806.90.49, 1806.90.59, 1901.10.76, 1901.20.25, 1901.20.35, 1901.20.60, 1901.20.70, 1901.90.68, 1901.90.71, 2101.12.38, 2101.12.48, 2101.12.58, 2101.20.38, 2101.20.48, 2101.20.58, 2103.90.78, 2106.90.46, 2106.90.72, 2106.90.76, 2106.90.80, 2106.90.91, 2106.90.94, and 2106.90.97

See Quota Bulletin QB 23-113 USMCA Agriculture Canada, https://www.cbp.gov/trade/quota/bulletins/qb-23-113 Sugar Containing Products.

Questions regarding this message, should be referred to Headquarters Quota and Agriculture Branch at HQQUOTA@cbp.dhs.gov.

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