Area Port of Portland, OR
Subject: Implementation of New Section 301 Vessel Fees on Certain Vessels Arriving in U.S. Ports
This notice provides guidance on the implementation of new Section 301 Vessel Fees, established by the U.S. Trade Representative (USTR).
On April 17, 2025, the USTR published a Federal Register Notice (FRN) detailing actions under Section 301 of the Trade Act of 1974. The FRN established new fees for vessels owned, operated, or built in China, and for all foreign-built vehicle carrier vessels.
Applicability of Fees: Vessels arriving from outside the U.S. (i.e., from foreign or the high seas) and subject to entry under 19 USC 1434 (and not excepted under 19 USC 1441) may be subject to these fees. A vessel can only be subject to one fee, with the highest priority criteria determining the applicable fee if multiple criteria are met.
The fees are categorized into three annexes:
- Annex I: Chinese Vessel Operators and Owners
- Applies to any vessel owned or operated by a Chinese entity.
- The vessel owner(s) will be determined by the vessels Registry (REG).
- The vessel operator will be verified through review of the Certificate of Financial Responsibility (COFR). Ports may also request other verifiable agreements like a Bridge Letter or Continuous Synopsis (CSR).
- The fee is based on the vessel's net tonnage and will be set at $50 per net ton starting October 14, 2025, increasing incrementally over the next three years.
- Net tonnage will be determined by the vessels International Tonnage Certificate (ITC).
- Annex I does not contain any exemptions or suspension of the fee.
- Annex II: Chinese-Built Vessels
- Applies to vessels built in the People's Republic of China, not subject to Annex I fees, and not otherwise exempt.
- The vessel build information will be determined by the vessels Registry (REG).
- Starting October 14, 2025, the fee will be $18 per net ton or $120 per container discharged, with only the higher of the two fees being collected. These fees will increase incrementally over the next three years.
- This fee is capped five times per fiscal year.
- The fee is based on the higher of a fee per net tonnage or a fee per container discharged in the U.S.
- Net tonnage will be determined by the vessels International Tonnage Certificate (ITC).
- The number of containers discharged is determined by the number of containers unladen as transmitted to the Automated Commercial Environment (ACE) on the electronic cargo declarations (e.g. bills of lading).
- Exemptions include U.S. government cargo, U.S.-owned or U.S.-flagged vessels enrolled in certain maritime programs, vessels arriving empty or in ballast, and vessels below specific capacity thresholds (4,000 TEUs, 55,000 DWT, or 80,000 bulk capacity).
- Annex II allows for potential suspension of the fee if certain conditions are met, such as ordering a U.S.-built vessel.
- Annex III: Foreign Vehicle Carriers
- Applies to all foreign-built vehicle carriers (type 325) or roll-on/roll-off (Ro-Ro, type 333) vessels.
- The fee is based on the net tonnage of the entering non-U.S. built vessel.
- On October 14, 2025, the fee will be set at $46 per net ton.
- Annex III does not have any exceptions but does allow for the suspension of the fee if certain conditions are met, such as ordering a U.S.-built vessel.
- Exemptions:
- Liquified Natural Gas (LNG) tankers (designated vessel type 132) are exempt from all Section 301 fees.
- Specific exemptions for Chinese-built vessels (Annex II) and foreign vehicle carriers (Annex III) are detailed above and in the respective annexes.
Payment of Fees: Vessel operators (or their agents) will pay the fees directly on Treasury's Pay.gov website using the Section 301 Fee payment form. Payment is due at the time of formal entrance at the first port of arrival from foreign into the U.S. however, it is strongly recommended that the payment is made prior to arrival to ensure timely processing.
The burden for determining if a vessel owes the fee is on the operator, NOT CBP.
Vessels that submit a Notice of Arrival (CBP Form 3171) that are subject to Section 301 fees and do not have proof of payment will experience denials and/or delays in CBP approval of the 3171.
Further Information: Please reference CSMS # 66494339. Additional questions regarding this information can be directed to OFO-ManifestBranch@cbp.dhs.gov.
|
