On October 12, 2022, in Cargo Systems Messaging Service (CSMS) #53599807, U.S. Customs and Border Protection (CBP) issued guidance on the temporary duty-free treatment of infant formula signed into law in HR 8982, The Bulk Infant Formula to Retail Shelves Act. Duties on imports of certain infant formula base powder are temporarily suspended for products entered or withdrawn from warehouse for consumption from October 13, 2022, through December 31, 2022.
According to the CSMS, “Duty-free treatment will only be provided to importers of base powder to be manufactured into infant formula authorized to be marketed in the United States or subject to an enforcement discretion letter from the Food and Drug Administration (FDA).” The included formula powder is classified under tariff 1901.90.62, and it must be entered under quota tariff 9903.19.23 for duty-free treatment.
CSMS #53599807 can be found here:
https://content.govdelivery.com/bulletins/gd/USDHSCBP-331de3f?wgt_ref=USDHSCBP_WIDGET_2