9903.01.78 - Articles the product of Brazil that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States, before 12:01 a.m. eastern day light time 7 days after the date of the executive order, excluding the day the executive order is signed; and (2) are entered for consumption, or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on October 5, 2025 [Compiler’s note: Executive Order 14323 (90 Fed. Reg. 37739) was signed on July 30, 2025, and became effective on August 6, 2025.]
Details
| Field | Value |
|---|---|
| Unit of Quantity | N/A |
| General Rate of Duty | The duty provided in the applicable subheading |
| Special Rate of Duty | The duty provided in the applicable subheading |
| Column 2 Rate of Duty | The duty provided in the applicable subheading |
| Quota Quantity | N/A |
| Additional Duties | N/A |
Overview
This HTS classification, 9903.01.78, pertains to specific goods originating from Brazil that meet stringent temporal and transit requirements. It covers articles that were already in transit on a vessel prior to entering the United States, having departed Brazil on or before a designated date and time, and are subsequently entered for consumption or withdrawn from warehouse for consumption before a specified date in October 2025. The "Compiler's note" provides crucial context regarding the effective date of the executive order that established these provisions.
Unlike the primary HTS categories that classify goods based on their inherent characteristics, materials, or intended use (such as live animals in Chapter 01), this code is part of Section XXII, which deals with temporary legislation and special classification provisions. Therefore, its distinction lies not in the physical nature of the goods themselves, but rather in the specific policy and timing under which they are being imported. It is a temporary modification designed to address unique trade circumstances, rather than a permanent classification of a particular product type.
As this is a leaf node within the HTS, there are no further subdivisions. The classification is precise and applies directly to articles meeting all stipulated conditions. Importers must carefully verify that both the loading and the entry for consumption dates align with the executive order's parameters and the subsequent expiration date to correctly utilize this temporary provision.