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USTR Details March/April Changes to EU Products/Countries Subject to 100% Duties Under WTO Beef Hormone Dispute

The Office of the U.S. Trade Representative has published a notice detailing (and implementing) a partial delay to its modifications to the list of European Union products and countries subject to a 100% duty rate1 in connection with the World Trade Organization's dispute settlement rulings in the EU beef hormone dispute.

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The USTR states it is delaying all of the modifications to April 23, 2009, except that the deletion of products from the list of those subject to a 100% duty rate is not delayed,2 and goes into effect on March 23, 2009.

The USTR's notice also reflects additional changes for certain fruit juice (see below).

The revised lists reflect changes to the countries and products subject to these increased duty rates and, in certain cases, reflects its application to a wider range of EU countries that were not part of the EU when the increased duties were originally imposed.

List of Products Deleted from 100% Duties List on March 23rd, Etc.

The following products from the 14 listed EU countries (except as noted) are no longer subject to a 100% duty rate, effective for goods entered or withdrawn from warehouse for consumption on or after March 23, 2009:

Articles the product of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain or Sweden:

Wool grease (other than crude wool grease) and fatty substances derived from wool grease (including lanolin) (provided for in subheading 1505.00.90)100%

Articles the product of Austria, Cyprus, France or Poland:

9903.02.79Grape juice (including grape must), 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 2009.61 or 2009.69)100%
9903.02.80Juice 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)100%
9903.02.81Mixtures of juices, other than mixtures of vegetable juices, 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 2009.90.40)100%

Articles the product of Italy:

9903.02.82Mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored (provided for in subheading 2201.10)100%

In addition, effective with respect to articles entered or withdrawn from warehouse for consumption on or after April 23, 2009, HTS Chapter 99, Subchapter III is modified by deleting HTS 9903.02.21 through 9903.02.30, and 9903.02.32, 9903.02.34, 9903.02.43, 9903.02.44, 9903.02.45, 9903.02.46, and 9903.02.83.

Note that many of the products covered by these deleted HTS Chapter 99 numbers remain subject to increased duties, as the USTR is completely replacing the set of Chapter 99 numbers used for these sanctions.

Special Instructions for Foreign Trade Zone Admissions

Any merchandise subject to the 100% (or 300% for one) duty rate that is admitted to U.S. foreign trade zones on or after March 23, 2009, or April 23, 2009 (as applicable), must be admitted with "privileged foreign status" as defined in 19 CFR 146.41.

1With one exception: the duty rate for Roquefort cheese will be increased to 300% (from 100%)

2USTR previously stated that it is providing this exception in order to respect commercial arrangements that have been made in the period since January 15, 2009, the date the modifications to the sanctions list was announced.

(See ITT's Online Archives or 01/20/09 news, 09012005, for BP summary of original USTR notice detailing these modifications. See ITT's Online Archives or 02/23/09 news, 09022310, for BP reminder on the effective date of these modifications.)

Roger Wentzel (202) 395-6127
William Busis (202) 395-3150

USTR notice (FR Pub 03/18/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-5933.pdf