On January 31, 2017 U.S. Customs and Border Protection (CBP) issued Cargo Systems Messaging Service (CSMS) #17-000046 providing the trade additional guidance on U.S. and Foreign Goods Returned or HTSUS Subheading 9801.00.10 after an amendment issued by the Trade Facilitation and Enforcement Act of 2015 (TFTEA).

TFTEA expanded 9801.00.10 to include, “all products exported from and returned to the United States, regardless of country of origin.” There is no time limit to file a claim on products of a U.S. origin, but non-U.S. products must be filed within 3 years.

This updated provision, “applies to U.S. or foreign articles returned to the United States and entered, or withdrawn from warehouse, for consumption on or after April 25, 2016.” Additional documentation may be required or requested from an importer.

The CSMS can be accessed at:

https://apps.cbp.gov/csms/viewmssg.asp?Recid=22450&page=&srch_argv=&srchtype=&btype=&sortby=&sby=