CSMS Message: 02-000091

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: IMPOSITION OF PROHIBITIVE DUTIES ON CERTAIN
PRODUCTS OF THE UKRAINE

DATE: JANUARY 17, 2002

PURPOSE:

AS AUTHORIZED BY SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974,
THE UNITED STATES TRADE REPRESENTATIVE (USTR) HAS DETERMINED
MODIFICATIONS TO THE RATES OF DUTY ON DESIGNATED PRODUCTS FROM
THE UKRAINE. (SEE THE FEDERAL REGISTER OF WEDNESDAY, JANUARY 2,
2002, AT PAGE 120.) THIS MEMORANDUM IS TO TRANSMIT THOSE
CHANGES.

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THAT IS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON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 JANUARY 23, 2002, A DUTY OF 100 PERCENT AD VALOREM WILL
BE COLLECTED.

ALL MERCHANDISE CLASSIFIABLE UNDER THE HTSUS SUBHEADINGS LISTED
BELOW THAT IS ADMITTED TO U.S. FOREIGN-TRADE ZONES ON OR AFTER
JANUARY 23, 2002 MUST BE ADMITTED AS "PRIVILEGED FOREIGN STATUS"
AS DEFINED IN 19 C.F.R. 146.41.

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NEW HTSUS SUBHEADINGS IN SUBCHAPTER III, CHAPTER 99

HEADING/ ARTICLE DESCRIPTION RATES OF DUTY
SUBHEADING COLUMN 1
GENERAL
ARTICLES THE PRODUCT OF UKRAINE:
9903.27.01 DISTILLATE AND RESIDUAL FUEL OILS 100%
(INCLUDING BLENDED FUEL OILS) AND WASTES
OF DISTILLATE AND RESIDUAL FUEL OILS
(WHETHER OR NOT BLENDED) (PROVIDED FOR IN
SUBHEADING 2710.19.05,
2710.19.10,2710.99.05 OR 2710.99.10)
9903.27.02 RARE GASES, OTHER THAN ARGON (PROVIDED FOR 100%
IN SUBHEADING 2804.29.00)
9903.27.03 GERMANIUM OXIDES AND ZIRCONIUM DIOXIDE 100%
(PROVIDED FOR IN SUBHEADING 2825.60.00)
9903.27.04 CARBIDES OF SILICON (PROVIDED FOR IN 100%
SUBHEADING 2849.20.10 OR 2849.20.20)
9903.27.05 OTHER MINERAL OR CHEMICAL FERTILIZERS, 100%
CONTAINING NITRATES AND PHOSPHATES
(PROVIDED FOR IN SUBHEADING 3105.51.00)
9903.27.06 PIGMENTS AND PREPARATIONS BASED ON TITANIUM 100%
DIOXIDE (PROVIDED FOR IN SUBHEADING
3206.11.00 OR 3206.19.00)
9903.27.07 OTHER UNCOATED, UNBLEACHED KRAFT PAPER AND 100%
PAPERBOARD, IN ROLLS OR SHEETS, WEIGHING
225 G/M2 OR MORE (PROVIDED FOR
IN SUBHEADING 4804.51.00)
9903.27.08 OTHER FOOTWEAR WITH OUTER SOLES OF RUBBER, 100%
PLASTICS OR COMPOSITION LEATHER AND UPPERS
OF LEATHER (PROVIDED FOR IN SUBHEADING
6403.99.60, 6403.99.75 OR 6403.99.90)
9903.27.09 OTHER FOOTWEAR WITH OUTER SOLES OF RUBBER 100%
OR PLASTICS AND UPPERS OF TEXTILE
MATERIALS, WITH OPEN TOES OR OPEN HEELS,
OR OF THE SLIP-ON TYPE (PROVIDED FOR IN
SUBHEADING 6404.19.35)
9903.27.10 DIAMONDS, UNSORTED (PROVIDED FOR IN 100%
SUBHEADING 7102.10.00)
9903.27.11 DIAMONDS, NONINDUSTRIAL (PROVIDED FOR IN 100%
SUBHEADING 7102.31.00 OR 7102.39.00)

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HEADING/ ARTICLE DESCRIPTION RATES OF DUTY
SUBHEADING COLUMN 1
GENERAL
ARTICLES THE PRODUCT OF UKRAINE:
9903.27.12 CATALYSTS IN THE FORM OF WIRE CLOTH OR 100%
GRILL, OF PLATINUM (PROVIDED FOR IN
SUBHEADING 7115.10.00)
9903.27.13 UNREFINED COPPER; COPPER ANODES FOR 100%
ELECTROLYTIC REFINING (PROVIDED FOR IN
HEADING 7402.00.00)
9903.27.14 OTHER UNWROUGHT ALUMINUM ALLOYS (PROVIDED 100%
FOR IN SUBHEADING 7601.20.90)
9903.27.15 OTHER REFRIGERATING OR FREEZING EQUIPMENT; 100%
HEAT PUMPS (PROVIDED FOR IN SUBHEADING
8418.69.00)

FOR CLASSIFICATION PURPOSES, THE PRODUCT DESCRIPTIONS ARE NOT
INTENDED TO LIMIT THE SCOPE OF THE PRODUCTS THAT ARE SUBJECT TO
THE 100 PERCENT AD VALOREM RATE OF DUTY. THE HTSUS SUBHEADING
FROM CHAPTERS 1-97 CITED IN THE DESCRIPTION SHALL DETERMINE
WHETHER A PRODUCT IS SUBJECT TO THIS RATE OF DUTY.

IMPORTERS AND BROKERS ARE REMINDED OF THEIR MODERNIZATION ACT
RESPONSIBILITY TO ENTER THE GOODS CORRECTLY AND TO ENSURE THE
ADEQUACY OF THE CUSTOMS BOND TO COVER THE INCREASED DUTY
LIABILITY.

QUESTIONS:

A COPY OF THIS MESSAGE IS AVAILABLE TO THE PUBLIC ON THE CUSTOMS
WEBSITE AT WWW.CUSTOMS.GOV IN THE CUSTOMS ELECTRONIC BULLETIN
BOARD (CEBB), TRADE OPERATIONS INSTRUCTIONS.

QUESTIONS FROM THE MEDIA SHOULD BE DIRECTED TO THE OFFICE OF
PUBLIC AFFAIRS AT (202) 927-1770 FROM 7:30 AM THROUGH 7:00 PM
EASTERN TIME.

QUESTIONS ON BOND SUFFICIENCY BY BROKERS, IMPORTERS, AND THE
PUBLIC SHOULD BE ADDRESSED TO THEIR LOCAL ENTRY AND IMPORT
SPECIALIST TEAMS.

ANY QUESTIONS CONCERNING THE CLASSIFICATION OF THE ABOVE
MERCHANDISE SHOULD BE DIRECTED TO GENERAL CLASSIFICATION BRANCH,
OFFICE OF REGULATIONS AND RULINGS AT (202) 927-2388.

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CUSTOMS PERSONNEL QUESTIONS ON BOND SUFFICIENCY SHOULD BE DIRECTED
TO ENTRY, TRADE PROGRAMS, OFFICE OF FIELD OPERATIONS (OFO) AT
(202) 927-0380.

PLEASE PASS TO AREA AND PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, TRADE OPERATIONS, NATIONAL IMPORT SPECIALISTS, FIELD
NATIONAL IMPORT SPECIALISTS, ISDA COORDINATORS, NATIONAL AND
PORT ACCOUNT MANAGERS, ENTRY OFFICERS, ABI CLIENT
REPRESENTATIVES, INSPECTORS, IMPORTERS, BROKERS, AND FOREIGN
TRADE ZONE OPERATORS

ANY OTHER QUESTIONS ON THESE INSTRUCTIONS SHOULD BE ADDRESSED TO
YVONNE TOMENGA, AT (202) 927-0133 OF OTHER GOVERNMENT AGENCY,
TRADE PROGRAMS, OFO.

/S/

ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS
DIRECTOR, NATIONAL ANALYSIS SPECIALISTS