Imposing a Temporary Import Surcharge To Address Fundamental International Payments Problems

This type of measure is a temporary import surcharge imposed to address a country’s serious balance-of-payments or international-payments problem. In customs language, a surcharge is an additional import charge that applies on top of ordinary customs duties and may be described as an additional duty or trade remedy measure. The official measure determines which products, countries of origin, entry dates, and exemptions are covered.

It typically affects importers bringing covered goods into the United States, including manufacturers, distributors, retailers, and ecommerce sellers. The importer of record is generally responsible for declaring the merchandise correctly and paying applicable amounts at entry. The surcharge can increase landed cost, affect pricing and margins, and create classification, origin, and compliance issues. Because treatment can depend on the HTSUS classification, country of origin, timing, and other measures that may apply, a customs broker or trade specialist may need to confirm the result.

What to check

• Check the official measure and its implementing customs instructions for the covered HTSUS provisions, countries of origin, product exclusions, and effective entry or withdrawal dates.
• Confirm the product’s tariff classification and country of origin independently; do not rely only on a supplier’s description or tariff code.
• Determine whether the surcharge is an additional duty that applies alongside ordinary duty, antidumping or countervailing duties, safeguards, or other trade measures, and check any ordering or stacking instructions.
• Review shipment and entry records to identify the importer of record, entry type, valuation basis, and any claimed exemption or exclusion.
• Ask a licensed customs broker or qualified trade professional to review uncertain classifications, origin determinations, exclusions, and refund or correction procedures.