CSMS Message: 12-000025

The purpose of this message is to inform interested parties of the 2012 Harmonized Tariff Schedule of the United States (HTSUS) implementation. The World Customs Organization (WCO) amends the Harmonized System, at the six-digit level, every four to six years. Following legislation passed on December 29, 2011, the Presidential proclamation was published in the Federal Register on January 4, 2012 to implement the WCO HTSUS changes. The 2012 HTSUS amendments will go into effect on February 3, 2012. The USITC has posted a preliminary draft of the 2012 HTS on its Web site at http://www.usitc.gov/tariff_affairs/modifications_hts.htm.

CBP systems will be updated to accept the new 2012 HTS with the WCO amendments. For entry summary transmission purposes, only the tariff numbers in effect on the date of transmission will be valid. The WCO HTSUS changes will be effective February 3, 2012 and the 2011 HTSUS numbers will not be available after February 2, 2012.

With respect to goods imported under a free trade agreement (FTA) or trade promotion agreement (TPA) whose tariff numbers have changed, the following should be kept in mind:

Manufacturers, exporters and importers are advised that the 2011 tariff change rules (TCRs) govern the TCR analysis until revised TCRs corresponding to the applicable FTA or TPA are published.

Until revised TCRs are published, the certificate of origin (CO) should indicate both the previously and newly-effective tariff numbers, followed by the corresponding “(2011 HTSUS)” or “(2012 HTSUS)”.