November 3, 2022
Temporary Duty-Free Treatment of Infant Formula Under the Formula Act – Update for Fees
U.S. Customs and Border Protection (CBP) is providing duty-free treatment to a limited number of certain infant formula products entered or withdrawn from warehouses for consumption from July 22, 2022, through December 31, 2022. The eligible infant formula products will not be subject to any additional safeguard duties that may be imposed under subchapter IV of Chapter 99 of the HTS, or any other import quotas, tariff-rate quotas, additional duties, or any other duties, exactions, or charges that otherwise would apply to such articles. Entries under the Formula Act are exempt from Merchandise Processing Fees (MPF) and dairy fees, although Harbor Maintenance Fees (HMF) are still applicable. Entries under the Formula Act should not be filed as Type 02 Quota Entries.
Effective October 27, 2022, CBP deployed a change in ACE to no longer require the dairy fee or MPF on Formula Act entries through December 31, 2022. Importers/brokers who have submitted entries eligible for the Formula Act and paid the dairy fee and/or MPF may request a refund of those fees.
Additional documents may be requested during the review. All documents should be submitted with the request by email to email@example.com (Subject: USDA, AMS, Dairy Program) or by Mail:
USDA, AMS, Dairy Program
Attention John Galbraith
1400 Independence Avenue, S.W.
Washington, D.C. 20250-0233
Should you have questions or concerns regarding this guidance, please get in touch with the Office of Trade, Commercial Operations Revenue and Entry (CORE) Division at OTENTRYSUMMARY@cbp.dhs.gov.
Crane Trade Services can assist you with questions regarding this matter. For assistance please contact CWTSConsulting@craneww.com.