301 INVESTIGATIONSCBPcommentsCOVID-19Customs ExpertEnforcementExportImportInternational BusinessInternational LawInternational TradeInvestigationSpecial 301Supply ChainUSTRVehicles

US Imposes Additional Tariffs on EU Goods

posted by Jennifer Diaz January 19, 2021 0 comments

On Wednesday, January 6, 2021, the Office of the United States Trade Representative (USTR), announced the revision of its Section 301 Action: Enforcement of U.S. WTO Rights in Large Civil Aircraft Dispute (86 FR 674).

 

The revision, which added additional items to the list of European products subject to import duties, is the most recent increase of tension between the United States and the European Union (EU), in regards to their WTO dispute over Boeing and Airbus.

Background

The US and EU have been disputing the other illicitly subsidizes their airplane manufacturers since as early as 2006. In 2006, the US filed a case with the WTO that accused EU member states of providing Airbus with roughly $22 billion in illegal subsidies. Over the next 14 years, both members have brought various suits against the other via the WTO, in order to settle this international trade dispute.

Recent Timeline

Date Description FR Notice
04/12/19 USTR proposed an action in the form of an additional ad valorem duty of up to 100 percent on products of EU member States to be drawn from a list of 317 tariff subheadings and 9 statistical reporting numbers of the Harmonized Tariff Schedule of the United States (HTSUS) 84 FR 15028
07/05/19 USTR requests comments for a second list of items considered for an additional ad valorem duty of up to 100 percent 84 FR 32248

 

10/02/19 WTO Arbitrator issued a report concluding that the appropriate level of countermeasures in response to the WTO-inconsistent launch aid provided by the EU or certain member States to their large civil aircraft domestic industry is approximately $7.5 billion annually CRS-10/02
10/09/19 USTR determined to take action in the form of additional duties on products of certain current or former member States of the EU, at levels of 10 or 25 percent ad valorem 84 FR 54245
10/18/19 Technical Amendments to the October 9th notice 84 FR 55998
12/12/19 USTR announced a review of the action; requested public comments regarding potential revisions 84 FR 67992
02/21/20 USTR announced a determination to revise the list of non-aircraft products subject to 25 percent additional duties and to increase additional duties on certain large civil aircraft from 10 to 15 percent 85 FR 10204
03/12/20 determined that ‘‘going forward, the action may be revised as appropriate immediately upon any EU imposition of additional duties on U.S. products in connection with the Large Civil Aircraft dispute or with the EU’s WTO challenge to the alleged subsidization of U.S. large civil aircraft 85 FR 14517
06/26/20 USTR announced another review of the action, a docket to receive public comments, and included a proposal to impose additional duties of up to 100 percent on a new list of products of France, Germany, Spain, and the United Kingdom, covered by an additional 30 tariff subheadings with an approximate annual trade value of $3.1 billion in terms of estimated import trade value for calendar year 2018 85 FR 38488
07/01/20 Amended the June 26th action 85 FR 39661
08/12/20 USTR announced certain revisions to the action and reiterated that its prior determination “may be revised as appropriate immediately upon any EU imposition of additional duties on U.S. products.’’ 85 FR 50866

Recent Developments

The decision to include additional products to the list of 301 tariffs is in direct response to the EU’s actions in November 2020. In November 2020, the EU imposed tariffs with an annual trade value of $4 billion against products from the U.S. Specifically, the EU levied additional import duties of 15 percent on large civil aircraft and of 25 percent on other U.S. goods. The action followed  a decision by the WTO arbitrator in the United States— Measure Affecting Trade in Large Civil Aircraft (DS353), and a corresponding WTO authorization to suspend WTO concessions to the U.S

According to USTR, while the EU claims its retaliatory action mirrors the action taken by the United States in this investigation: that is not accurate. USTR explains that the benchmark reference period used by the EU was impacted by the economic fallout from COVID-19, whereas the U.S. had used trade data from an unaffected period. The EU’s skewed methodology allowed it to cover a greater volume of imports in its action.  Further, ” up to and until the exit of the United Kingdom from EU customs territory is finalized, goods of the United States are subject to additional EU duties when entering the United Kingdom. However, the EU’s trade action valuation does not account for U.S. exports to the United Kingdom. Therefore, the value of U.S. exports subject to tariffs is greater than the trade value the EU ascribes to the various covered tariff lines.”

Despite the U.S. informing the EU of these claims and providing it with an opportunity to respond, the EU has declined to do so. Following the EU’s lack of response, USTR announced the January 6th Revision of Action. In order to establish an equitable playing field, the U.S. has decided to mirror the EU approach to exercising its DSB authorization by adjusting the reference period for the action to be from August 2019 to July 2020, the same reference period used by the EU and stated:

In adopting this approach, the United States has made appropriate adjustments to ensure that the trade data from the revised reference period does not reflect reductions in trade resulting from the October 2019 trade action in the investigation. Using the estimated trade values from this reference period, the value of the U.S. trade action as last revised on August 12, 2020, is well below the $7.5 billion level authorized by the DSB. In order to exercise the DSB authorization to the United States, the U.S. Trade Representative has determined to add products to the list of products currently subject to additional duties, while otherwise maintaining the trade action as last revised on August 12, 2020.

Specifically, as detailed in the annexes of the Notice, the revision adds products of France and Germany to the list of EU products subject to additional duties. USTR reviewed the proposed lists in the April 12, 2019 notice (84 FR 15028) and chose products from France and Germany, “as these countries have provided the greatest level of WTO inconsistent large civil aircraft subsidies”.

Additionally, USTR explicitly states that it will continue to consider the action taken by the investigation. Effectively, if the dispute changes in nature, the scope of this action may either increase or decrease. Diaz Trade Law will continue to provide the public with updates to this matter if and when USTR announces its future actions.

**SECTION BELOW IS DIRECTLY FROM THE FEDERAL REGISTER NOTICE** 

Annex I to this notice identifies the products affected by the revised action, the rate of duty to be assessed, and the current or former EU member States affected. Annex II, section 1, contains the unofficial descriptive list of the revisions made by this Notice. Annex II, section 2, contains an unofficial, consolidated description of the action, reflecting the changes in Annex I.

In order to implement this determination, effective January 12, 2021, subchapter III of chapter 99 of the HTSUS is modified by Annex I to this notice. The additional duties provided for in the HTSUS subheadings established by annex I apply in addition to all other applicable duties, fees, exactions and charges.

Any product listed in annex I to this notice, except any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, which is subject to the additional duty imposed by this determination, and is admitted into a U.S. foreign trade zone on or after 12:01 a.m. eastern standard time on January 12, 2021, only may be admitted as ‘privileged foreign status’ as defined in 19 CFR 146.41. Such products will be subject upon entry for consumption to any ad valorem rates of duty or quantitative limitations related to the classification under the applicable HTSUS subheading.

ANNEX I

A. “Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 12, 2021, U.S. note 21 to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified as provided herein:

  1. U.S. note 21(a) to such subchapter is modified by deleting “9903.89.55” each place that it appears and inserting “9903.89.63” in lieu thereof.
  2. U.S. note 21 to such subchapter is modified by inserting in alphabetical order: “(s) Subheading 9903.89.57 and superior text thereto shall apply to all of the following products of France and Germany:
    • Spirits obtained by distilling grape wine or grape marc (grape brandy), other than Pisco and Singani, in containers each holding not over 4 liters, valued over $38 per proof liter (provided for in subheading 2208.20.40); and
    • Products classified in the following 8-digit subheadings:
2204.21.20 2204.22.20 2204.29.61
2204.21.30 2204.22.40 2204.29.81
2204.21.60 2204.22.60 2204.30.00
2204.21.80 2204.22.80

(t) For purposes of subheading 9903.89.61:

  1. “Fuselages and fuselage sections” means: (a) the complete, tube-like structure comprising the central body portion of an airplane, including accommodations for crew, passengers, and/or cargo, whether or not containing systems, insulation, or other articles; and (b) sections of articles described in (a) that have exterior side surfaces attached to exterior top/crown and bottom/keel surfaces, whether or not designed to be pressurized, and whether or not there are additional articles attached. The term “fuselages and fuselage sections” shall not cover airplane parts, components, or subassemblies (e.g. aft pressure bulkheads, floor panels, seats) when imported unattached to the articles described in (a) and (b) of this subdivision.
  2. “Wings and wing assemblies (other than wings having exterior surfaces of carbon composite material)” means: (a) left or right-handed outboard wing structures with fixed structures, whether or not also including moveable structures, having exterior surfaces of other than carbon composite material; (b) center wing boxes having exterior surfaces of other than carbon composite material; and (c) wing assemblies that combine an outboard wing structure with a fixed structure (whether or not having moveable structure) and a center wing boxes, having exterior surfaces of other than carbon composite material. The term “wings and wing assemblies (other than wings that have exterior surfaces of carbon composite material)” shall not cover airplane parts, components or subassemblies when imported unattached to the articles described in (a), (b), or (c) of this subdivision.
  3. “Horizontal and vertical stabilizers” means a horizontal or vertical stabilizer, whether or not attached to elevators or fuselage/tail cone/empennages structures. The term “horizontal and vertical stabilizers” does not cover elevators or rudders when imported unattached to a fuselage, tail cone, or empennage structure.

Such subheading shall not cover other parts of airplanes or helicopter not covered by the definitions set forth in this subdivision.”.

B. Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 12, 2021, the following new tariff provisions are inserted in numerical sequence in subchapter III of chapter 99, with the material in the following new tariff provisions inserted in the columns entitled “Heading/Subheading”, “Article Description”, and “rates of Duty 1- General”, respectively:

Heading/

Subheading:

Description Rates of Duty
1 2
General Special
9903.89.57

 

 

 

 

“Articles of the product of France or Germany:

Provided for in subheadings enumerated in U.S. note 21 (s) to this subchapter……………………

The duty provided in the applicable subheading +25%
9903.89.59 Spirits obtained by distilling grape wine or grape marc (grape brandy), other than Pisco and Singani, in containers each holding not over 4 liters, valued over $3.43/liter (provided for in subheading 2208.20.40), the forgoing not described in subheading 9903.89.57……………………….. The duty provided in the applicable subheading
9903.89.61 Articles the product of France or Germany: Fuselages and fuselage sections, wings and wing assemblies (other than wings having exterior surfaces of carbon composite material), horizontal stabilizers, and vertical stabilizers as defined in U.S. note 21(t), suitable for use solely or principally with new airplanes and other aircraft of an unladen weight over 30,000 kg as described in subheading 9903.89.05 (described in statistical reporting number 8803.30.0030)…………………….. The duty provided in the applicable subheading + 15%
9903.89.63 Other parts of airplanes or helicopters (provided for in statistical reporting number 8803.30.0030), the foregoing not described in subheading 9903.89.61 The duty provided in the applicable subheading”

ANNEX II

Section 1 – Descriptive List of Changes from Annex II

Note: The product descriptions that are contained in this Annex are provided for informational purposes only, and are not intended to delimit in any way the scope of the action, except as specified below. In all cases, the formal language in Annex 1 governs the tariff treatment of products covered by the action. Section 1 of this Annex describes the changes to the action that were undertaken as a result of Annex 1, as reflected in the informal list presented in Section 2 of this Annex.

Any questions regarding the scope of particular HTS subheadings should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation “nesoi” means “not elsewhere specified or included”.

The following changes are made effective January 12, 2021.

a) The following products of France and Germany have been added to the action, and included in Part 18, which has been inserted in the descriptive list in Section

HTS Subheading Product Description
2204.21.20 Effervescent grape wine, in containers holding 2 liters or less
2204.21.30 Tokay wine (not carbonated) not over 14% alcohol, in containers not over 2 liters
2204.21.60 “Marsala” wine, over 14% vol. alcohol, in containers holding 2 liters or less
2204.21.80 Grape wine, other than “Marsala”, not sparkling  or effervescent, over 14% alcohol, in containers holding 2 liters or less
2204.22.20 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <= 14% in containers holding over 2 liters but not over 4 liters
2204.22.40 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 2 liters but not over 4 liters
2204.22.60 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <= 14% in containers holding over 4 liters but not over 10 liters
2204.22.80 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 4 liters but not over 10 liters
2204.29.61 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <= 14% in containers holding > 10 liters
2204.29.81 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding > 10 liters
2204.30.00

 

2208.20.40**

Grape must, nesoi, in fermentation or with fermentation arrested otherwise than by addition of alcohol

Spirits obtained by distilling grape wine or grape marc (grape brandy), other than Pisco and Singani, in containers each holding not over 4 liters, valued over $38 per proof liter

**Only a portion of HS8 digit is to be covered

b) The following Products of France and Germany have been added to the action, and included in Part 19, which has been inserted in the descriptive list in Section

HTS Subheading Product Description
8803.30.00** Fuselages and fuselage sections, wings and wing assemblies (other than wings having exterior surfaces of carbon composite material), horizontal stabilizers, and vertical stabilizers as defined in U.S. note 21(t), suitable for use solely or principally with new airplanes and other aircraft of an unladen weight over 30,000 kg as described in subheading 9903.89.05 (described in statistical reporting number 8803.30.0030)

**Only a portion of HS8 digit is to be covered

Section 2- Descriptive List of Action, reflecting changes as described in Annex 1

Note: The product descriptions that are contained in this Annex are provided for informational purposes only, and are not intended to delimit in any way the scope of the action, except as specified below. In all cases, the formal language in Annex 1 and the notices published at 84 FR 54245 (October 9, 2019), 84 FR 55998 (October 18, 2019), 85 FR 10204 (February 21, 2020), 85 FR 50866 (August 18, 2020), governs the tariff treatment of products covered by the action.

Any questions regarding the scope of particular HTS subheadings should be referred to U.S. Customs and Border Protection. In the product descriptions, the abbreviation “nesoi” means “not elsewhere specified or included”.

Part 1 – Products of France, Germany, Spain, or the United Kingdom described below are subject to additional import duties of 15 percent ad valorem.

Note: For purposes of the 8-digit subheading of HTS listed below, the product description defines and limits the scope of the proposed action.

HTS Subheading Product Description
8802.40.00** New airplanes and other new aircraft, as defined in U.S. note 21(b), (other than military airplanes or other military aircraft), of an unladen weight exceeding 30,000 kg (described in statistical reporting numbers 8802.40.0040, 8802.40.0060 or 8802.40.0070)

**Only a portion of the HS8 digit is to be covered

Part 2- Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0403.10.50 Yogurt, in dry form, whether or not flavored or containing added fruit or cocoa, not subject to gen note 15 or add. US note 10 to Ch.4
0403.90.85 Fermented milk o/than dried fermented milk or o/than dried milk with added lactic ferments
0403.90.90 Curdled milk/cream/kephir & other fermented or acid.milk/cream subject to add US note 10 to Ch.4
0406.20.20 Butter substitute dairy spreads, over 45% butterfat weight, subject to quota pursuant to chapter 4 additional US note 14
0406.10.28 Fresh (unripened/uncured) cheddar cheese, cheese/subs for cheese cont or proc from cheddar cheese, not subj to Ch4 US note 18, not GN15
0406.10.54 Fresh (unripened/uncured) Italian-type cheese from cow milk, cheese/substitutes containing such Italian-type cheeses or processed therefrom, subj to Ch4 US note 21, not subject to general note 15
0406.10.58 Fresh (unrip./uncured) Italian-type cheeses from cow milk, cheese/substitutes cont or proc therefrom, not subj to Ch4 US note 21 or GN 15
0406.10.68 Fresh (unripened/uncured) Swiss/Emmentaler cheeses, except those with eye formation, gruyere-process cheese and cheese cont or proc. From such, not subject to additional US note 22 to ch4.
0406.20.51 Romano, Reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, not subject to Ch4 US note 21 to Ch.4
0406.20.53 Romano, Reggiano, provolone, provoletti, sbrinz and goya, made from cow’s milk, grated or powdered, not subject to Ch4 US note 21 to Ch.4 or GN15
0406.20.69 Cheese containing or processed from American-type cheese (except cheddar), grated or powdered, subject to additional US note 19 to Ch. 4
0406.20.77 Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, subject to additional US note 21 to Ch. 4
0406.20.79 Cheese containing or processed from Italian-type cheeses made from cow’s milk, grated or powdered, not subject to additional US note 21 to Ch. 4
0406.20.87 Cheese (including mixtures), nesoi o/0.5 percent by wt. of butterfat, grated or powdered, not subject to additional US note 23 to Ch. 4
0406.20.91 Cheese (including mixtures), nesoi o/0.5 percent by wt of butterfat, w/cow’s milk, grated or powdered, not subject to additional US note 16 to Ch. 4
0406.30.05 Stilton cheese, processed, not grated or powdered, subject to additional US note 24 to Ch. 4
0406.30.18 Blue-veined cheese (except Roquefort), processed, not grated or powdered, not subject to gen. note 15 or additional US note 17 to Ch. 4
0406.30.28 Cheddar cheese, processed, not grated or powdered, not subject to gen note 15 or to additional US note 18 to Ch. 4
0406.30.34 Colby cheese, processed, not grated or powdered, subject to additional US note 19 to Ch.4
0406.30.38 Colby cheese, processed, not grated or powdered, not subject to gen note 15 or additional US note 19 to Ch. 4
0406.30.55 Processed cheeses made from sheep’s milk, including mixtures of such cheeses, not grated or powdered
0406.30.69 Processed cheese containing or processed from American-type cheese (except cheddar), not grated/powdered, subject to additional US note 19 to Ch. 4, not subject to GN15
0406.30.79 Processed cheese containing or processed from American-type cheese (except cheddar), not grated/powdered, subject to additional US note 21 to Ch. 4, not GN15
0406.40.44 Stilton cheese, nesoi, in original loaves, subject to additional US note 24 to Ch. 4
0406.40.48 Stilton cheese, nesoi, not in original loaves, subject to additional US note 24 to Ch. 4
0406.90.32 Goya cheese from cow’s milk, not in original loaves, nesoi, not subject to gen. note 15 or to additional US note 21 to Ch. 4
0406.90.43 Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, not from cow’s milk, not subject to gen. note 15
0406.90.52 Colby cheese, nesoi, subject to additional US note 19 to Ch. 4 and entered pursuant to its provisions
0406.90.54 Colby cheese, nesoi, not subject to gen. note 15 or to add. US note 19 to Ch.4
0406.90.68 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/romano/Reggiano/parmesan/provolone/etc, f/cow milk, not subj. Ch4 US note 21, not GN15
0406.90.72 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/ or from blue-veined cheese, subj. to add US note 17 to Ch.4, not GN15
0406.90.74 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/ or from blue-veined cheese, not subj. to add US note 17 to Ch.4, not GN15
0406.90.82 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/ or from Am. cheese, except cheddar, subj. to add US note 19 to Ch.4, not GN15
0406.90.92 Cheeses & subst. for cheese (incl. mixt.), nesoi, w/ or from Swiss, emmentaler or gruyere, not subj. to add US note 22 to Ch.4, not GN15
0406.90.94 Cheese & subst. for cheese (incl. mixt.) nesoi, w/ butterfat n/o 0.5 percent by wt, not subject to additional US note 23 to Ch, 4, not GN15
0805.10.00 Oranges, fresh or dried
0805.21.00 Mandarins and other similar citrus hybrids including tangerines, satsumas
0805.22.00 Clementines, fresh or dried
0805.50.20 Lemons, fresh or dried
0812.10.00 Cherries, provisionally preserved, but unsuitable in that state for immediate consumption
0813.40.30 Cherries, dried
1602.49.10 Prepared or preserved pork offal, including mixtures
1605.53.05 Mussels, containing fish meats or in prepared meals
1605.56.05 Products of clams, cockles, and arkshells containing fish meat; prepared meals
1605.56.10 Razor claims, in airtight containers, prepared or preserved, nesoi
1605.56.15 Boiled clams in immediate airtight containers, the contents of which do not exceed 680 g gross weight
1605.56.20 Clams, prepared or preserved, excluding boiled claims, in immediate airtight containers, nesoi
1605.56.30 Clams, prepared or preserved, other than in airtight containers
1605.56.60 Cockles and arkshells, prepared or preserved
1605.59.05 Products of molluscs, other than snails (except for sea snails), containing fish meat; prepared meals of molluscs, other than snails (except for sea snails)
1605.59.60 Molluscs nesoi, prepared or preserved

Part 3 – Products of Germany, Spain, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0203.29.40 Frozen meat of swine, nesoi
0404.10.05 Whey protein concentrates
0406.10.84 Fresh cheese, and substitutes for cheese, cont. cows milk, nesoi, over 0.5 percent by wt. of butterfat, descr in add US note 16 to Ch 4, not GN15
0406.10.88 Fresh cheese, and substitutes for cheese, cont. cows milk, nesoi over 0.5 percent by wt. of butterfat, not descr in US note 16 to Ch 4, not GN 15
0406.10.95 Fresh cheese, and substitutes for cheese, not cont. cows milk, nesoi, over 0.5 percent by wt. of butterfat
0406.90.16 Edam and gouda cheese, nesoi, subject to additional US note 20 to Ch. 4
0406.90.56 Cheese, nesoi, from sheep’s milk in original loaves and suitable for grating
1509.10.20 Virgin olive oil and its fractions, whether or not refined, not chemically modified, weighing with the immediate contain under 18 kg
1509.90.20 Olive oil, other than virgin olive oil, and its fractions not chemically modified, weighing with the immediate container under 18 kg
2005.70.12 Olives, green, not pitted, in saline, not ripe
2005.70.25 Olives, green, in a saline solution, pitted or stuffed, not place packed

Part 4 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0403.10.90 Yogurt, not in dry form, whether or not flavored or containing add fruit or cocoa
0405.10.10 Butter subject to quota pursuant to chapter 4 additional US note 6
0405.10.20 Butter not subject to general note 15 and in excess of quota in chapter 4 additional U.S. note 6
0406.30.89 Processed cheese (incl. mixtures), nesoi, w/cow’s milk, not grated or powdered, subject to add US note 16 to Ch. 4, not subject to GN15
0811.90.80 Fruit, nesoi, frozen, whether or not previously steamed or boiled
1601.00.20 Pork sausages and similar products of pork, pork offal or blood; food preparations based on these products
2008.60.00 Cherries, otherwise prepared or preserved, nesoi
2008.70.20 Peaches (excluding nectarines), otherwise prepared or preserved, not elsewhere specified or included
2008.97.90 Mixtures of fruit or other edible parts of plants, otherwise prepared or preserved, nesoi
2009.89.65 Cherry juice, concentrated or not concentrated
2009.89.80 Juice of any single vegetable, other than tomato, concentrated or not concentrated

Part 5 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0405.20.30 Butter substitute dairy spreads, over 45 percent butterfat weight, not subj to gen note 15 and in excess of quota in ch. 4 additional US note 14
0405.20.80 Other dairy spreads, not butter substitutes or of a type provided for in chapter 4 additional US note 1
0406.30.85 Processed cheese (incl. mixtures), nesoi, not over 0.5 percent by wt. butterfat, not grated or powdered, subject to Ch4 US note 23, not GN15
0406.90.78 Cheese & subst. for cheese (incl. mixt.), nesoi, w/ or from cheddar cheese, not subj. to add. US note 18 to Ch. 4, not GN15
1602.41.90 Prepared or preserved pork hams and cuts therof, not containing cereals or vegetables, nesoi
1602.42.20 Pork shoulders and cuts thereof, boned and cooked and packed in airtight containers
1602.42.40 Prepared or preserved pork shoulders and cuts thereof, other than boned and cooked and packed in airtight containers
1602.49.40 Prepared or preserved pork, not containing cereals or vegetables, nesoi
1602.49.90 Prepared or preserved pork, nesoi

Part 6 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0405.90.10 Fats and oils derived from milk, other than butter or dairy spreads, subject to quota pursuant to chapter 4 additional US note 14
0406.30.51 Gruyere-process cheese, processed, not grated or powdered, subject to additional US note 22 to Ch. 4
0406.40.53 Gruyere-process cheese, processed, not grated or powdered, not subject to gen note 15 or additional US note 22 to Ch. 4
0406.90.54 Blue-veined cheese, nesoi, in original loaves, subject to add. US note 17 to Ch. 4
0406.90.08 Cheddar cheese, nesoi, subject to add. US note 18 Ch. 4
0406.90.12 Cheddar cheese, nesoi, not subject to gen. note 15 of the HTS or to additional US note 18 to Ch. 4
0406.90.41 Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, subject to add. US note 21 to Ch. 4
0406.90.42 Romano, Reggiano, Parmesan, Provolone, and Provoletti cheese, nesoi, from cow’s milk, not subject to GN 15 or Ch4 additional US note 21
0406.90.48 Swiss or Emmentaler cheese with eye formation, nesoi, not subject to gen. note 15 or to additional US note 25 to Ch. 4
0406.90.90 Cheese & subst. for cheese (incl. mixt.), nesoi, w/ or from swiss, Emmentaler or gruyere, subj. to add. US note 22 to Ch.4, not GN15
0406.90.97 Cheese & subst. for cheese (incl. mixt.), nesoi, w/cow’s milk, w/butterfat over 0.5 percent by wt, not subject to Ch4 US note 16, not subject to GN15
1605.53.60 Mussels, prepared or preserved
2007.99.70 Currant and berry fruit jellies
2008.40.00 Pears, otherwise prepared or preserved, nesoi
2009.89.20 Pear juice, concentrated or not concentrated

Part 7 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0406.90.46 Swiss or Emmentaler cheese with eye formation, nesoi, subject to add. US note 25 to Ch. 4

Part 8 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0406.90.57 Pecorino cheese, from sheep’s milk, in original loaves, not suitable for grating

Part 9 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0406.90.95 Cheese & subst. for cheese (incl. mixt.), nesoi, w/cows milk, w/butterfat over 0.5 percent by wt, subject to Ch 4 additional US note 16 (quota)

Part 10 – Products of France, Germany, Spain, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0711.20.18 Olives, n/pitted, green, in saline sol., in contain. >8kg, drained wt, for repacking or sale, subject to additional US note 5 to Ch. 7
0711.20.28 Olives, n/pitted, green, in saline sol., in contain. >8kg, drained wt, for repacking or sale, not subject to additional US note 5 to Ch. 7
0711.20.38 Olives, n/pitted, nesoi
0711.20.40 Olives, pitted or stuffed, provisionally preserved but unsuitable in that state for immediate consumption
2005.70.08 Olives, green, not pitted, in saline, not ripe, in containers holding over 8 kg for repkg, not subject to add. US note 4 to Ch. 20
2005.70.16 Olives, green, in saline, place packed, stuffed, in containers holding not over 1 kg, aggregate quantity n/o 2700 m ton/yr
2005.70.23 Olives, green, in saline, place packed, stuffed, not in containers holding 1 kg or less
2204.21.50 Wine other than Tokay (not carbonated), not over 14 percent alcohol, in containers not over 2 liters

Part 11 – Products of Germany described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0901.21.00 Coffee, roasted, not decaffeinated
0901.22.00 Coffee, roasted, decaffeinated
1905.31.00 Sweet biscuits
2101.11.21 Instant coffee, not flavored
8201.40.60 Axes, bill hooks and similar hewing tools (o/than machetes), and base metal parts
8203.20.20 Base metal tweezers
8203.20.60 Pliers (including cutting pliers but not slip joint pliers), pincers and similar tools
8203.30.00 Metal cutting shears and similar tools, and base metal parts thereof
8203.40.60 Pipe cutters, bolt cutters, perforating punches and similar tools, nesoi, and base metal parts thereof
8205.40.00 Screwdrivers and base metal parts thereof
8211.93.00 Knives having other than fixed blades
8211.94.50 Base metal blades for knives having other than fixed blades
8467.19.10 Tools for working in the hand, pneumatic, other than rotary type, suitable for metal working
8467.19.50 Tools for working in the hand, pneumatic, other than rotary type, other than suitable for metal working
8468.80.10 Machinery and apparatus, handed-direct or -controlled, used for soldering, brazing or welding, not gas-operated
8468.90.10 Parts of hand-directed or-controlled machinery, apparatus and appliances used for soldering, brazing, welding or tempering
8514.20.40 Industrial or laboratory microwave ovens for making hot drinks or for cooking or heating food
9002.11.90 Objective lenses and parts & access. Thereof, for cameras, projectors, or photographic enlargers or reducers, except projection, nesoi

Part 12 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
1602.49.20 Pork other than ham and shoulder and cuts thereof, not containing cereals or vegetables, boned and cooked and packed in airtight containers

Part 13 – Products of Germany or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
1905.32.00 Waffles and wafers
4901.10.00 Printed books, brochures, leaflets and similar printed matter in single sheets, whether or not folded
4908.10.00 Transfers (decalomanias), vitrifiable
4911.91.20 Lithographs on paper or paperboard, not over 0.51 mm in thickness, printed not over 20 years at time of importation
4911.91.30 Lithographs on paper or paperboard, over 0.51 mm in thickness, printed not over 20 years at time of importation
4911.91.40 Pictures, designs and photographs, excluding lithographs on paper or paperboard, printed not over 20 years at time of importation
8429.52.10 Self-propelled backhoes, shovels, clamshells and draglines with a 360 degree revolving superstructure
8429.52.50 Self-propelled machinery with a 360 degree revolving superstructure, other than backhoes, shovels, clamshells, and draglines
8467.29.00 Electromechanical tools for working in the hand, other than drills or saws, with self-contained electric motor

Part 14 – Products of Germany, Ireland, Italy, Spain, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
2208.70.00 Liqueurs and cordials

Part 15 – Products of the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

Note: For purposes of 2208.30.30, the product description defines and limits the scope of the proposed action.

HTS Subheading Product Description
2208.30.00** Single-malt Irish and Scott Whiskies
6110.11.00 Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of wool
6110.12.10 Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of Kashmir goats, wholly of cashmere
6110.20.20 Sweaters, pullovers, and similar articles, knitted or crocheted, of cotton, nesoi
6110.30.30 Sweaters, pullovers, and similar articles, knitted or crocheted, of manmade fibers, nesoi
6202.99.15 Rec perf outwear, women’s/girls’ anoraks, wind-breakers & similar articles, not k/c, text mats (not wool, cotton or mmf), cont <70 percent by wt of silk
6202.99.80 Women’s/girls’ anoraks, wind-breakers & similar articles, not k/c, of text mats (not wool, cotton or mmf), cont <70% by wt of silk,
6203.11.60 Men’s or boys’ suits of wool, not knitted or crocheted, nesoi, of worsted wool fabric, made of yarn with average fiber diameter of 18.5 micron or less
6203.11.90 Men’s or boys’ suits of wool or fine animal hair, not knitted or crocheted, nesoi
6203.19.30 Men’s or boys’ suits, of artificial fibers, nesoi, not knitted or crocheted
6203.19.90 Men’s or boys’ suits, of textile mats (except wool, cotton or mmf), containing under 70 percent by weight of silk or silk waste, not knit or crocheted
6208.21.00 Women’s or girls’ nightdresses and pajamas, not knitted or crocheted, of cotton
6211.12.40 Women’s or girls’ swimwear, of textile materials (except mmf), containing 70% or more by weight of silk or silk waste, not knit or crocheted
6211.12.80 Women’s or girls’ swimwear, of textile materials (except mmf), containing under 70% by weight of silk or silk waste, not knit or crocheted
6301.30.00 Blankets (other than electric blankets) and traveling rugs, of cotton
6301.90.00 Blankets and traveling rugs, nesoi
6302.21.50 Bed linen, not knit or crocheted, printed, of cotton, cont any embroidery, lace, braid, edging, trimming, piping or applique work, n/napped
6302.21.90 Bed linen, not knit or croc, printed, of cotton, not cont any embroidery, lace, braid edging, trimming, piping or applique work, not napped

** Only a portion of HS8 digit is to be covered

Part 16 – Products of France or Germany described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
8214.90.60 Butchers’ or kitchen chopping or mincing knives (o/than cleavers w/their handles)
2007.99.05 Lingonberry and raspberry jams
2007.99.10 Strawberry jam
2007.99.15 Currant and other berry jams, nesoi
2007.99.20 Apricot jam
2007.99.25 Cherry jam
2007.99.35 Peach jam
2007.99.60 Strawberry pastes and purees, being cooked preparations

Part 17 – Products of Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, or the United Kingdom described below are subject to additional import duties of 25 percent ad valorem:

HTS Subheading Product Description
0406.90.99 Cheese & subst. for cheese (incl. mixt.), nesoi, w/o cows milk, w/butterfat over 0.5 percent by wt, not subject to GN15

Part 18 – Products of France or Germany described below are subject to additional import duties of 25 percent ad valorem:

Note: For purposes of 2208.20.40, the product description defines and limits the scope of the proposed action.

HTS Subheading Product Description
2204.21.20 Effervescent grape wine, in containers holding 2 liters or less
2204.21.30 Tokay wine (not carbonated) not over 14% alcohol, in containers not over 2 liters
2204.21.60 “Marsala” wine, over 14% vol. alcohol, in containers holding 2 liters or less
2204.21.80 Grape wine, other than “Marsala”, not sparkling or effervescent, over 14% vol. alcohol, in containers holding 2 liters or less
2204.22.20 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <= 14% in containers holding over 2 liters but not over 4 liters
2204.22.40 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 2 liters but not over 3 liters
2204.22.60 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume <= 14% in containers holding over 4 liters but not over 10 liters
2204.22.80 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding over 4 liters but not over 10 liters
2204.29.61 Wine f fresh grapes, other than sparkling wine, of an alcoholic strength by volume <=14% in containers holding >10 liters
2204.29.81 Wine of fresh grapes, other than sparkling wine, of an alcoholic strength by volume >14% in containers holding >10 liters
2204.30.00 Grape must, nesoi, in fermentation with fermentation arrested otherwise than by addition of alcohol
2208.20.40** Spirits obtained by distilling grape wine or grape marc (grape brandy), other than Pisco and Singani, in contains each holding not over 4 liters, valued over $38 per proof liter

**Only a portion of HS8 digit is to be covered

 Part 19 – Products of France or Germany described below are subject to additional import duties of 15 percent ad valorem:

Note: For purposes of the 8-digit subheadings of HTS listed below, the product description defines and limits the scope of the proposed action.

HTS Subheading Product Description
8803.30.00** Fuselages and fuselage sections, wings and wing assemblies (other than wings having exterior surfaces of carbon composite material), horizontal stabilizers, and vertical stabilizers as defined in U.S. note 21(t), suitable for use solely or principally with new airplanes and other aircraft of an unladen weight over 30,000 kg as described in subheading 9903.89.05 (described in statistical reporting number 8803.30.0030)

**Only a portion of HS8 digit is to be covered

You may also like

Leave a Comment