On March 12, 2021, CBP issued CSMS #46590066 – GUIDANCE: Suspension of EU Duties in Section 301 Action: Enforcement of U.S. World Trade Organization (WTO) Rights in Large Civil Aircraft Dispute, reproduced below:
The purpose of this message is to provide notice of the United States Trade Representative’s (USTR) determination to temporarily suspend additional duties on products of the European Union (EU) under the Section 301 Large Civil Aircraft (LCA) Dispute. The suspension is effective for products of the EU entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 11, 2021 and before 12:01 a.m. eastern standard time on July 11, 2021.
Background
On October 9, 2019, the USTR published 84 FR 54245, imposing additional duties on certain products of the EU and certain EU member States in the Section 301 investigation to enforce U.S. WTO rights in the Large Civil Aircraft Dispute.
On January 6, 2021, the USTR published FR Notice 86 FR 674, announcing additional 15 percent duties on certain parts of large civil aircraft of France and Germany, and 25 percent duties on other products of France and Germany.
On March 10, 2021, the USTR posted Notice of Modification of Section 301 Action: Enforcement of U.S. WTO Rights in the Large Civil Aircraft Dispute on USTR.gov, temporarily suspending additional duties on products of the EU entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 11, 2021 and before 12:01 a.m. eastern standard time on July 11, 2021.
The functionality for the acceptance of the imported merchandise covered by this suspension is available in the Automated Commercial Environment (ACE) as of 7 a.m. eastern daylight time, March 14, 2021. Importers may submit post summary corrections on entry summaries submitted on or after March 11 to request a refund of the suspended EU duties.
Duties on goods from the United Kingdom were suspended via separate notice on USTR.gov as of March 4, 2021. The United Kingdom was included in the list of EU countries originally subject to the Section 301 duties, and is now being treated separately because it is no longer part of the EU.
Guidance
Instructions for importers, brokers, and filers on importing products of the EU for consumption during the four-month suspension period granted by the USTR from the Section 301 LCA measures are set out below:
- Per subparagraph 2 of the Annex to the notice, products of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden falling under HTS subheadings 9903.89.05, 9903.89.07, 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, 9903.89.52, 9903.89.55, 9903.89.57, 9903.89.59, 9903.89.61, 9903.89.63 will not be subject to additional Section 301 duties for goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on March 11, 2021 and before 12:01 a.m. eastern daylight time on July 11, 2021.
- Importers shall not submit the corresponding Chapter 99 HTS number for the Section 301 LCA duties for products of the EU during the four-month suspension period.
Additional Information
Any product of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden, that were admitted into a U.S. foreign trade zone in ‘privileged foreign status’ as defined in 19 CFR 146.41, before 12:01 a.m. eastern standard time on March 11, 2021, will remain subject to the applicable duties in subheadings 9903.89.05, 9903.89.07, 9903.89.10, 9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, 9903.89.52, 9903.89.55, 9903.89.57, 9903.89.59, 9903.89.61, and 9903.89.63 upon entry for consumption.
Any product of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden covered by subparagraph 2 of the Annex to the notice, that is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern standard time on March 11, 2021, and before 12:01 a.m. eastern daylight time on July 11, 2021, may be admitted in any status, as applicable, as defined in 19 CFR 146, Subpart D.
Reminder: When importers, brokers, and/or filers are submitting an entry summary in which a heading or subheading in Chapter 99 is claimed on imported merchandise, refer them to CSMS 39587858 (Entry Summary Order of Reporting for Multiple HTS when 98 or 99 HTS are required).
Questions from the importing community concerning ACE entry rejections involving product exclusions should be referred to their CBP Client Representative. Questions related to Section 301 entry-filing requirements, please refer to CSMS message #42203908 (Information on Trade Remedy Questions and Resources) https://content.govdelivery.com/accounts/USDHSCBP/bulletins/283fb04. Related CSMS messages: 46561075, 45453497, 43784137, 43762405, 41898289, 40430843, 40281968, 46561075
