Cargo Systems Messaging Service

CSMS # 64472173 - CORRECTION - GUIDANCE: Energy and Energy Resources from Canada

This message serves to replace CSMS#64470353.

The purpose of this message is to provide guidance on the additional duties on imports of energy and energy resources that are the products of Canada, that were imposed pursuant to:

• March 2, 2025, Executive Order, “Amendment to Duties to Address the Flow of Illicit Drugs across our Northern Border”
  • March 6, 2025, Federal Register Notice, “Notice of Implementation of Additional Duties on Products of Canada Pursuant to the President’s Executive Order 14193, Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border”
• March 6, 2025, Executive Order, “Amendment to Duties to Address the Flow of Illicit Drugs across our Northern Border”
  • March 11, 2025, Federal Register Notice, “Amendment to Notice of Implementation of Additional Duties on Products of Canada Pursuant to the President's Executive Order 14193, Imposing Duties To Address the Flow of Illicit Drugs Across our Northern Border”

GUIDANCE

Energy and energy resources that qualify for USMCA are not subject to the additional tariffs.

For energy and energy resources that are the product of Canada and that do not qualify for USMCA, entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on March 4, 2025, the following Harmonized Tariff Schedule of the United States (HTSUS) classification and additional duty rate applies:

9903.01.13: Imports of energy and energy resources of Canada, as defined in section 8 of Executive Order 14156 of January 20, 2025 (Declaring a National Energy Emergency) as: crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals, as defined by 30 U.S.C. 1606 (a)(3) will be assessed an additional ad valorem rate of duty of 10%.

Energy or energy resources of Canada, as defined by HTSUS 9903.01.13, include, but are not limited to, goods classified under the HTSUS subheadings in the attached spreadsheet.    

Importers may request a classification ruling from CBP to determine whether goods classified under other HTS classifications fall under the definition of energy and energy resources under HTS 9903.01.13. For information on requesting a CBP ruling, see Requirements for Electronic Ruling Requests | U.S. Customs and Border Protection. Further questions may be addressed to Traderemedy@cbp.dhs.gov.

Related messages: CSMS # 64297449, 64336037