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U.S. Goods Returned

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Do my U.S. origin articles qualify for duty free entry under HTSUS 9801.00.10**?

**For full classification purposes, the last 2 digits of 9801.00.10** are based upon where the goods would normally be classified in Chapters 1-97

  • See subheading 9801.00.10 for a complete listing. The full HTSUS (Harmonized Tariff Schedule of the United States) can be accessed at the following website: hts.usitc.gov.
  • Other Government Agency (OGA) requirements must still be satisfied if required. For example, FDA OASIS/Prior Notice, EPA Forms, TSCA, etc.

The following conditions must be met:

  • The article was not advanced in value or improved in condition while abroad
  • Drawback was not claimed upon original export from U.S.
  • The article was NOT manufactured or produced in a Foreign Trade Zone
  • The article was NOT exported from a bonded warehouse
  • The article was NOT entered under a Temporary Import Bond (T.I.B.)

Documentary requirements for shipments valued over $2000:

  • Foreign Shippers Declaration-certifies the goods were not advanced in value while abroad
  • Declaration by Owner, Importer, Consignee or Agent-certifies the validity of the Foreign Shippers Declaration, names the actual manufacturer, and certifies that no drawback was claimed and it was not produced under a TIB
  • The Port Director may waive these documentary requirements if he is reasonably satisfied that the articles meet the requirements of 19CFR10.1
  • The Port Director may request additional evidence of U.S. origin in the form of a Manufacturer’s Affidavit to further substantiate the claim for duty free treatment
    • Typically, the request for additional evidence comes on a CBP Form 28 – Request for Information
    • If the Importer of Record is unable to support their claim, USCBP will deny duty free treatment under 9801.00.10. The goods will be re-classified as dutiable in chapters 1-97 of the HTSUS

If you are unable to satisfy the documentary requirements to support your duty free claim, it is recommended that you do not classify your goods under 9801.00.10 because Customs may request an additional 5 Year review of entries that may have been filed incorrectly. In addition, failure to meet the documentary requirements may result in the assessment of Penalties pursuant to 19USC1508 / 1509 or 19CFR163.

For complete text regarding the referenced regulations and exceptions not mentioned above, please refer to Title 19 Code of Federal Regulations 10.1 (19CFR 10.1) Chapter 98 Subchapter I HTSUS.

*This publication is not intended to provide legal or other professional advice. Readers are asked to contact tradecomplianceusa@farrow.com for advice specific to their needs.

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