Duty Rates
General (Column 1 - MFN)
The duty provided in the applicable subheading + 10%
This is an ad valorem duty, meaning the import duty is calculated as a percentage (10%) of the declared value of the imported goods.
Column 2 Rate (Non-Tariff Treaty Countries)
This rate applies to countries without normal trade relations (most-favored-nation status) with the United States:
The duty provided in the applicable subheading
Column 2 rates are substantially higher than Column 1 rates and are rarely applied in modern international trade due to most-favored-nation agreements.
What HTS 9903.02.09 Covers
This is not a product classification but a Chapter 99 provision tied to special trade measures. It provides an exception for goods that were already loaded onto a vessel at the port of loading and in transit on the final mode of transport before a specified effective date, so those shipments are not subject to the associated additional duties. It is reported alongside the normal Chapter 1-97 classification of the goods.
Notes for Importers
Importers use provisions like this to claim that a shipment departed before a new tariff action took effect. Eligibility turns on documented lading and in-transit dates, so keep bills of lading and carrier records ready for CBP verification. Chapter 99 numbers change frequently as trade actions are modified, so always confirm the current text and applicable dates on the official HTS before filing.
Product Category
Special Classification and Provisions
This chapter covers special transactions, returned goods, temporary imports, and other items requiring special classification.
Classification Details
| Field | Value |
|---|---|
| HTS Code | 9903.02.09 |
| Description | Except for goods loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 a.m. eastern daylight time on August 7, 2025, and entered for consumption or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on October 5, 2025, except for products described in headings 9903.01.30-9903.01.33 and 9903.02.78, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Brazil, as provided for in subdivision (v) of U.S. note 2 to this subchapter |
| Chapter | 99 - Special Classification and Provisions |
| General Duty Rate | The duty provided in the applicable subheading + 10% |
| Rate Type | Ad Valorem |
| Special Rates | The duty provided in the applicable subheading + 10% |
Related HTS Codes
Other tariff codes under the same heading:
- 9903.01.01 — Except for products described in headings 9903.01.02, 9903.01.03, 9903.01.04 and 9903.01.05 articles the product of Mexico, as provided for in U.S. note 2(a) to this subchapter
- 9903.01.02 — Articles the product of Mexico that are donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, as provided for in U.S. note 2(b) to this subchapter
- 9903.01.03 — Articles the product of Mexico that are informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds
- 9903.01.04 — Articles that are entered free of duty under the terms of general note 11 to the HTSUS, including any treatment set forth in subchapter XXIII of chapter 98 and subchapter XXII of chapter 99 of the HTS, as related to the USMCA
- 9903.01.05 — Potash that is a product of Mexico, as provided for in U.S. note 2(c) to this subchapter
- 9903.01.10 — Except for products described in headings 9903.01.11, 9903.01.12, 9903.01.13, 9903.01.14 or 9903.01.15, articles the product of Canada, as provided for in U.S. note 2(j) to this subchapter
- 9903.01.11 — Articles the product of Canada that are donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, as provided for in U.S. note 2(k) to this subchapter
- 9903.01.12 — Articles the product of Canada that are informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds
Frequently Asked Questions
Is 9903.02.09 a product code?
No. It is a Chapter 99 special provision that modifies duty treatment under a trade action. Your goods still need their regular 10-digit HTS classification, and this number is reported in addition to it when the exception applies.
How do I prove my shipment qualifies for the in-transit exception?
You generally need evidence that the goods were loaded on the vessel and in transit on the final mode of transport before the effective date, such as the on-board bill of lading. CBP can request these documents, so retain them in your entry records.
Does this provision apply to air or truck shipments?
The text is written around loading onto a vessel, so read the current official provision and any CBP guidance carefully. In-transit exceptions are date-specific and mode-specific, and their terms can change with each tariff action.
What is the HTS code 9903.02.09 used for?
HTS code 9903.02.09 is the harmonized tariff schedule code for Except for goods loaded onto a vessel at the port of loading and in transit on the final mode of transit before 12:01 a.m. eastern daylight time on August 7, 2025, and entered for consumption or withdrawn from warehouse for consumption before 12:01 a.m. eastern daylight time on October 5, 2025, except for products described in headings 9903.01.30-9903.01.33 and 9903.02.78, and except as provided for in headings 9903.01.34 and 9903.02.01, articles the product of Brazil, as provided for in subdivision (v) of U.S. note 2 to this subchapter. This code is used to classify and identify this product type for customs clearance, duty calculation, and trade statistics.
What is the Column 2 rate for HTS 9903.02.09?
The Column 2 rate is the tariff duty rate applicable to goods from countries that do not have normal trade relations with the United States. This rate is typically higher than Column 1 (Most Favored Nation) rates and is rarely used in modern trade due to most-favored-nation agreements.
Do I need a customs broker to import goods classified under HTS 9903.02.09?
While not always required, using a licensed customs broker is highly recommended for most imports. A customs broker can help ensure proper HTS classification, prepare customs documentation, pay duties correctly, and avoid delays or penalties. Your broker should be familiar with Special Classification and Provisions products.
Which countries receive special tariff rates for HTS 9903.02.09?
Multiple free trade agreements and trade preference programs provide reduced or free tariffs for eligible HTS classifications. Common programs include USMCA (Canada, Mexico), various bilateral FTAs (Korea, Australia, Singapore), GSP for developing countries, and AGOA for eligible African nations. Check the special rates section on this page.
How does HTS code 9903.02.09 affect my import costs?
The HTS code determines the applicable duty rate (either free or a percentage/specific amount), whether your product qualifies for trade agreement benefits, any quota restrictions, and special documentation requirements. Proper classification directly impacts your import expenses, so verify the correct code with your supplier or a customs professional.