The President signed H.R. 8982, the Bulk Infant Formula to Retail Shelves Act on October 10, 2022. The effective date is October 13, 2022, the third day after signature.
Duty-free treatment will only be provided to importers of base powder to be manufactured into infant formula authorized to be marketed in the United States or subject to an enforcement discretion letter from the Food and Drug Administration (FDA). Should you have questions regarding enforcement discretion, please refer to the Enforcement Discretion to Manufacturers to Increase Infant Formula Supplies FDA website.
October 10, 2022 (date of signature) through December 31, 2022
Thursday, October 13, 2022
Aggregate 2,600,000 kg
First Tariff Field
Second Tariff Field
Use entry type code 02, 06, 07, 32, or 38.
Report in kilograms (kg).
For qualified shipments from the FDA-authorized parties, duty-free treatment is limited to certain infant formula base powder classifiable under HTS subheading 1901.90.62 and must be exported to the United States on or before November 14, 2022. Authorized importers seeking duty-free treatment for qualifying shipments will make a quota type entry utilizing subheading 9903.19.23. Any shipment qualifying for duty-free treatment under subheading 9903.19.23 will not be subject to any additional safeguard duties that may be imposed under subchapter IV of Chapter 99 of the HTS. If the import quota threshold is met before December 31, 2022, duty-free treatment will no longer be granted.
Should the importation not qualify for duty-free treatment, the appropriate classification change would be subheading 1901.90.62, which has a duty rate of $1.035/kg +13.6%. This should be the high rate for this particular quota.
Questions from the importing community regarding this quota bulletin should be referred to the local CBP port. The port may refer questions via email to HQQUOTA@cbp.dhs.gov