QB 16-103 Clarification of Exception Butter Import Safeguard Quota
Butter Imports including fresh or sour cream containing over 45 percent by weight of butterfat. U.S Note 1 and 2 to subchapter IV, Chapter 99 of the Harmonized Tariff schedule
CLARIFICATION OF PROOF OF EXEMPTION:
As provided in U.S. Note 2, this duty shall not apply to any goods en route on the basis of a contract settled before the date of publication of this notice.
A contract of carriage, which defines services providing for movement of goods pursuant to an agreement, should be provided for use of this exception. Examples of a contract of carriage include air waybill or bill of lading. The date of this contract of carriage will be used to determine that the goods are under a contract and en route. If the goods have a contract for carriage dated prior to midnight October 4, 2015 they are exempt from quantitative safeguard quota.
October 5, 2015 through December 31, 2015
October 5, 2015
After reviewing the volume of butter imports (including fresh or sour cream containing over 45 percent by weight of butterfat), the administrator of the Foreign Agricultural Service has determined that the yearly special safeguard duty of this notification October 5, 2015 through December 31, 2015. As announced in Federal Register Notice vol. 80, No. 192, this additional duty, as described in subheadings 9904.04.20 and 9904.04.21 of the harmonized Tariff schedule of United States (HTS), will be applicable to butter and fresh or sour cream imported under HTS subheadings 0401.50.75, 0403.90.78 and 0405.10.20.
QUOTA PERIOD: October 5, 2015 through December 31, 2015
The Secretary of the Agriculture has determined that the amount of butter and fresh or sour cream imported during 2015 has exceeded the trigger level. In accordance with U.S. Notes 1 and 2, Subchapter IV, chapter 99 of the HTS and HTS subheadings 9904.04.20 and 9904.04.2, an additional duty of 54.9 cents per kilogram shall apply to HTS 0401.50.75 and 0403.90.78, and an additional duty of 51.4 cents per kilogram on imports entered under HTS subheading 0405.10.20.
Please ensure that this notice is passed to all port directors, assistant port directors (trade), import specialists, entry specialists, CBP officers, and other interested parties such as brokers and importers.
Questions from the importing community regarding this electronic message should be referred to the local CBP port. The port may refer questions via e-mail to HQQUOTA@cbp.dhs.gov.