CSMS 53843285·Operational·November 1, 2022·View on csms.cbp.gov ↗

Temporary Duty

Plain-English explanation

CSMS 53843285 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on November 1, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Temporary Duty". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS # 53843285 - Temporary Duty-Free Treatment of Infant Formula Under the Formula Act – Update for Fees U.S. Customs and Border Protection sent this bulletin at 11/01/2022 04:14 PM EDT Cargo Systems Messaging Service CSMS # 53843285 - Temporary Duty-Free Treatment of Infant Formula Under the Formula Act – Update for Fees This message is being issued to provide an update to the guidance provided in CSMS # 52739058 on HR 8351, the Formula Act. Signed by the President on July 22, 2022, the Formula Act temporarily suspends duty on imports of certain infant formula products. CBP has deployed a change in the Automated Commercial Environment (ACE) to no longer require the payment of fees on Formula Act entries. BACKGROUND: As stated in CSMS # 52739058, U.S. Customs and Border Protection (CBP) is providing duty-free treatment of the eligible infant formula products entered or withdrawn from warehouse for consumption from July 22, 2022, through December 31, 2022. Duty-free treatment is limited to certain infant formula products classified under the designated United States Harmonized Tariff Schedule (HTS) numbers. 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. Harbor Maintenance Fees (HMF) are still applicable. Entries under the Formula Act should not be filed as Type 02 Quota Entries. UPDATE: CBP deployed a change in ACE effective October 27, 2022, to no longer require the dairy fee or the Merchandise Processing Fee (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. For MPF refunds, importers/brokers must file a Post Summary Correction. For refunds of paid dairy fee, importers/brokers must submit their requests to the United States Department of Agriculture (USDA) with a letter specifying the reason for a reimbursement, supporting documentation (example: original and adjusted bills of lading, packing lists, commercial invoices, letters from the manufacturer, laboratory test results, and adjusted CBP form 7501). Additional documents may be requested during review. All documents should be submitted with request by email to john.galbraith@usda.gov (Subject: USDA, AMS, Dairy Program) or Mail: USDA, AMS, Dairy Program Attention John Galbraith 1400 Independence Avenue, S.W. Room 2958-S Washington, D.C. 20250-0233 S hould you have questions or concerns regarding this guidance, please contact the Office of Trade, Commercial Operations Revenue and Entry (CORE) Division at OTENTRYSUMMARY@cbp.dhs.gov . Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 53843285?

CSMS 53843285 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Temporary Duty". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 53843285 published?

CBP published CSMS 53843285 on November 1, 2022. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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