USTR - Explanatory notes for annual determinations regarding tariffs on certain horticultural products from Chile
Office of the United States Trade Representative

 

Explanatory notes for annual determinations regarding tariffs on certain horticultural products from Chile


The following notes were published in Chapter 99 of the Harmonized Tariff Schedule of the United States (2005).  These notes explain the annual review process by which USTR will determine whether the conditions have been met that require the current tariff rates of zero to be replaced by the duty provided in the relevant tariff phase-out schedule for each of the items identified in these notes."

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19. Goods of Chile, entered under the terms of general note 26 to the tariff schedule, and described in subheadings 9911.77.01 through 9911.77.14 of this subchapter for which a rate of duty followed by the symbol “(CL)” is herein provided, are subject to duty at the rate set forth in this note in lieu of the rate provided therefor in chapters 1 through 97.

(a) The rate of duty for originating goods of Chile that fall in the subheadings listed below in Column A is the tariff treatment provided for in the subheading in Column B opposite the subheading in Column A unless, (1) the value of imports from Chile for such subheading in Column A in a calendar year exceeds fifty percent of total U.S. imports for that subheading, or (2) the aggregate value of imports from Chile for such subheading in Column A in a calendar year exceeds $110 million. If either condition is met, the applied preferential rate of duty for such subheading shall revert to the rate of duty provided for in the subheadings enumerated in subdivision (c) in this note.

            Column A               Column B

            0707.00.40             9911.77.01
            0811.10.00             9911.77.03
            2005.90.55             9911.77.05
            2005.90.97             9911.77.07
            2006.00.90             9911.77.09
            2007.99.48             9911.77.11
            2008.50.20             9911.77.13

(b) By March 1, 2004, and by March 1 of each successive year through 2010, the United States Trade Representative shall publish in the Federal Register a determination enumerating the subheadings, from those listed in Column A in subdivision (a) of this note, for which Chile has met one of the conditions described in subdivision (a) of this note based on the prior calendar year’s import data. Such determination shall also include: (1) the deletion of such subheading and the subheading set out opposite it from subdivision (a) of this note, (2) the subheading of subdivision (c) of this note for which suspension is terminated, and (3) the effective date of such actions.

(c) Subheadings 9911.77.02, 9911.77.04, 9911.77.06, 9911.77.08, 9911.77.10, 9911.77.12 and 9911.77.14 are suspended unless such suspension is terminated pursuant to subdivision (b) of this note.

Unless otherwise provided, this note, subheadings 9911.77.01 through 9911.77.14, and any intervening text to such subheadings in the column entitled “Article Description”, and the superior text immediately preceding subheading 9911.77.01 are effective as to such originating goods of Chile entered, under general note 26 to the tariff schedule, through the close of December 31, 2012. At the close of such date, this note, subheadings 9911.77.01 through 9911.77.14 and any intervening text to such subheadings, and the superior text immediately preceding subheading 9911.77.01 shall be deleted from the tariff schedule and shall cease to apply to any goods entered after that date.

20. Goods of Chile, entered under the terms of general note 26 to the tariff schedule, and described in subheadings 9911.78.01 through 9911.78.16 of this subchapter for which a rate of duty followed by the symbol “(CL)” is herein provided, are subject to duty at the rate set forth in this note in lieu of the rate provided therefor in chapters 1 through 97.

(a) The rate of duty for originating goods of Chile that fall in the subheadings listed below in Column A is the tariff treatment provided for in the subheading in Column B opposite the subheading in Column A unless, (1) the value of imports from Chile for such subheading in Column A in a calendar year exceeds fifty percent of total U.S. imports for that subheading, or (2) the aggregate value of imports from Chile for such subheading in Column A in a calendar year exceeds $110 million. If either condition is met, the applied preferential rate of duty for such subheading shall revert to the rate of duty provided for in the subheadings enumerated in subdivision (c) in this note.

            Column A               Column B

            0811.20.40             9911.78.01
            2106.90.52             9911.78.03
            2202.90.37             9911.78.14

(b) By March 1, 2004, and by March 1 of each successive year through 2006, the United States Trade Representative shall publish in the Federal Register a determination enumerating the subheadings, from those listed Column A in subdivision (a) of this note, for which Chile has met one of the conditions described in subdivision (a) of this note based on the prior calendar year’s import data. Such determination shall also include: (1) the deletion of such subheading and the subheading set out opposite it from subdivision (a) of this note, (2) the subheading of subdivision (c) of this note for which suspension is terminated, and (3) the effective date of such actions

(c) Subheadings 9911.78.02, 9911.78.04 through 9911.78.13 and 9911.78.15 through 9911.78.16 are suspended unless such suspension is terminated pursuant to subdivision (b) of this note.

Unless otherwise provided, this note, subheadings 9911.78.01 through 9911.78.16, and any intervening text to such subheadings in the column entitled “Article Description”, and the superior text immediately preceding subheading 9911.78.01 are effective as to such originating goods of Chile entered, under general note 26 to the tariff schedule, through the close of December 31, 2007. At the close of such date, this note, subheadings 9911.78.01 through 9911.78.16 and any intervening text to such subheadings, and the superior text immediately preceding subheading 9911.78.01 shall be deleted from the tariff schedule and shall cease to apply to any goods entered after that date.

 
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