On August 18, 2020, the USTR published a Modification to the LCA (Large Civil Aircraft) Dispute in 85 FR 50866, to modify the list of products therein from EU or certain EU member states.

As specified in Annex 1 to the Federal Register notice, the USTR has determined to alter the composition of the list of non-aircraft products subject to additional duties.  The level of additional duties on non-aircraft products will remain at 25 percent.  In addition, the additional duty on certain large civil aircraft will remain at 15 percent.  Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time September 1, 2020 shall be subject to the additional duties.

With the exception of any product that is eligible for admission under ‘domestic status’ as defined in 19 CFR 146.43, any product listed in Annex 1 that 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 daylight time on September 1, 2020, may only be admitted under ‘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.

Please see in this chart listing the applicable Harmonized Tariff numbers, the specific countries of origin, the Schedule 99 corresponding Harmonized Tariff number and additional duty rates.

Crane Trade Services can assist you with understanding if these new requirements apply to your products. For assistance please contact CWTSConsulting@craneww.com.