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 Modification of EC-Beef Hormone Chapter 99 Harmonized Tariff Schedule Provisions
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 Entry, Summary, and Drawback Point of Contact
Beef Hormone Implementation

(04/10/2007)
CLA-2:FO:TP:I:OA YLT

Purpose
As authorized by Sections 301 and 306 of the Trade Act of 1974, the United States Trade Representative (USTR) has determined modifications to the rates of duty on designated products from certain member countries of the European Communities (EC). This memorandum is to transmit those changes, implementation procedures, and program responsibilities for these duty modifications.

Authorities
19 U.S.C. 1202, as amended
19 U.S.C. 1505, as amended
19 C.F.R. 24.3(e)
19 C.F.R. 24.3a(a) and (b)(2)
19 C.F.R. 146.2, 146.32, 146.41
19 C.F.R. 152.2
Customs Directive 099 3550-071

Responsibilities
Port Directors are responsible for ensuring the adequacy of bonds at cargo release and the collection of the 100 percent ad valorem rate of duty, with interest, if applicable, for importations of the designated products from the specified countries. Port Directors are also responsible for the accuracy of quota input, monitoring broker compliance with respect to this program, measuring the effectiveness of this program and implementing local measures, if needed, for improvement.

The Chief, Other Government Agency Liaison, Trade Programs, OFO is responsible for program coordination and implementation.

The Director, National Commodity Specialist Division, OR&R is responsible for ensuring resolution of classification issues.

National Import Specialists, NCSD, OR&R, in conjunction with National OAS, OST, are responsible for creating and maintaining selectivity criteria.

Procedures
For all merchandise classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings listed below, that is entered, or withdrawn from warehouse, for consumption on or after July 29, 1999, a duty of 100 percent ad valorem will be collected. Subject merchandise for which estimated duties are deposited at the column 1 rate of duty are to be classified under the appropriate Chapter 99 subheading and liquidated at the 100 percent ad valorem rate of duty with any applicable interest on the underpayment of duties.

Merchandise classifiable in the HTSUS subheadings listed below that is admitted to U.S. foreign-trade zones on or after July 29, 199 must be admitted as "privileged foreign status" as defined in 19 C.F.R. 146.41.

New HTSUS Subheadings in Subchapter III, Chapter 99
Articles the product of Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, or Sweden:

Meat of bovine animals, fresh or chilled (provided for in heading 0201)

9903.02.21
Articles of subheading 0201.10.05, 0201.10.10, 0201.20.02, 0201.20.04, 0201.20.06, 0201.20.10, 0201.20.30, 0201.20.50, 0201.30.02, 0201.30.04, 0201.30.06, 0201.30.10, 0201.30.30 or 0201.30.50

9903.02.22
Articles of subheading 0201.10.50, 0201.20.80 or 0201.30.80

Meat of bovine animals, frozen (provided for in heading 0202)

9903.02.23
Articles of subheading 0202.10.05, 0202.10.10, 0202.20.02, 0202.20.04, 0202.20.06, 0202.20.10, 0202.20.30, 0202.20.50, 0202.30.02, 0202.30.04, 0202.30.06, 0202.30.10, 0202.30.30 or 0202.30.50

9903.02.24
Articles of subheading 0202.10.50, 0202.20.80 or 0202.30.80

9903.02.25
Meat of swine, fresh or chilled (provided for in subheading 0203.11, 0203.12, or 0203.19)

9903.02.26
Carcasses and half-carcasses of swine, frozen (provided for in subheading 0203.21)

9903.02.27
Hams, shoulders and cuts thereof, with bone in, of swine, frozen (provided for in subheading 0203.22)

9903.02.28
Edible offal of bovine animals, fresh or chilled (provided for in subheading 0206.10)

9903.02.29
Edible offal of bovine animals, frozen (provided for in subheading 0206.21, 0206.22 or 0206.29)

9903.02.30
Roquefort cheese (provided for in subheading 0406.40.20 or 0406.40.40)

9903.02.31
Onions (other than onion sets or pearl onions not over 16 mm in diameter) and shallots, fresh or chilled (provided for in subheading 0703.10.40)

9903.02.32
Truffles, fresh or chilled (provided for in subheading 0709.52)

9903.02.33
Dried carrots, whole, cut, sliced, broken or in powder, but not further prepared (provided for in subheading 0712.90.10)

9903.02.34
Other prepared or preserved meat, meat offal or blood, of liver of any animal (provided for in subheading 1602.20)

9903.02.35
Rusks, toasted bread and similar toasted products (provided for in subheading 1905.40)

9903.02.36
Juices of any other single fruit, not elsewhere specified or included, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for in subheading 2009.80.60)

9903.02.37
Roasted chicory and other roasted coffee substitutes and extracts, essences and concentrates thereof (provided for in subheading 2101.30)

9903.02.38
Prepared mustard (provided for in subheading 2103.30.40)

Articles the product of France, the Federal Republic of Germany, or Italy:

9903.02.39
Tomatoes prepared or preserved otherwise than by vinegar or acetic acid, whole or in pieces (provided for in subheading 2002.10)

Articles the product of France or the Federal Republic of Germany:

9903.02.40
Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked (provided for in heading 0504)

9903.02.41
Soups and broths and preparations therefor (provided for in subheading 2104.10)

9903.02.42
Single yarn (other than sewing thread), not put up for retail sale, containing 85 percent or more by weight of artificial staple fibers (provided for in subheading 5510.11

Articles the product of France:

9903.02.43
Hams, shoulders and cuts of meat with of swine, with bone in, salted, in brine, dried or smoked (provided for in subheading 0210.11)

9903.02.44
Wool grease (other than crude wool grease) and fatty substances derived from wool grease (including lanolin) (provided for in subheading 1505.90)

9903.02.45
Chocolate and other food preparations containing cocoa, in blocks, slabs or bars, filled, weighing 2 kg or less each (provided for in subheading 1806.31)

9903.02.46
Lingonberry and raspberry jams (provided for in subheading 2007.99.05)

9903.02.47
Products suitable for use as glues or adhesives (other than animal glue, including casein glue, but not including fish glue) put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg (provided for in subheading 3506.10.50)

Please note that the United Kingdom is not included among the countries for items 9903.02.21 through 9903.02.47, HTSUS. Note also that items 9903.02.39 through 9903.02.47, HTSUS, are limited to the member countries listed for those items. Accordingly, the countries that are NOT listed for a subheading will remain at the column 1 rate of duty in chapters 1-97.

For classification purposes, the product descriptions are not intended to limit the scope of the products that are subject to the increased duties. The HTSUS subheading from chapters 1-97 cited in the description shall determine whether a product is subject to this additional duty.

Quota Merchandise
Please note that ABI transmissions cannot be made for articles classified in 9903.02.22 and 9903.02.24, HTSUS, because these articles remain subject to the additional duties provided for in 9904.02.01 through 9904.02.37, HTSUS. Field personnel processing these entries for QSUP should enter the 9904 classification in the first tariff field and the Chapter 2 number in the second tariff field. The 9903 number should be entered in the remarks column.

ABI transmissions for 9903.02.21 and 9903.02.23, HTSUS, are permitted. Field personnel will follow established quota procedures to process these entries.

Questions concerning this should be directed to the:
Office of International Trade
Trade Policy and Programs
(
Entry, Summary, and Drawback Point of Contact )

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