United States temporarily suspends duties on infant formula

H.R. 8351, the “Formula Act” signed into law

H.R. 8351, the “Formula Act” signed into law

President Biden on July 22, 2022, signed into law H.R. 8351, the “Formula Act”—legislation that temporarily suspends duty on imports of certain infant formula products.

U.S. Customs and Border Protection (CBP) announced that it will provide duty-free treatment of the eligible infant formula products entered or withdrawn from warehouse for consumption from July 22, 2022, through December 31, 2022.

CBP’s Office of Trade has updated the Harmonized Tariff Schedule of the United States (HTSUS) file in the Automated Commercial Environment (ACE) to account for this duty-free treatment. According to a CBP transmittal message:

  • Duty-free treatment is limited to certain infant formula products classified under the designated HTSUS numbers.
  • The eligible infant formula products will not be subject to any additional safeguard duties that may be imposed under subchapter IV of Chapter 99 of the HTSUS, or any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles.  

For more information, contact a professional with KPMG’s Trade & Customs services:

Doug Zuvich
Partner and Global Practice Leader
E: dzuvich@kpmg.com

John L. McLoughlin
Principal and East Coast Leader
E: jlmcloughlin@kpmg.com

Andy Siciliano
Partner and National Practice Leader
E: asiciliano@kpmg.com

Steve Brotherton
Principal and Global Export and Sanctions Leader
E: sbrotherton@kpmg.com

Luis (Lou) Abad
Principal, Washington National Tax
E: labad@kpmg.com

Irina Vaysfeld
E: ivaysfeld@kpmg.com

Amie Ahanchian
E: aahanchian@kpmg.com

Christopher Young
E: christopheryoung@kpmg.com

Gisele Belotto
E: gbelotto@kpmg.com

George Zaharatos
E: gzaharatos@kpmg.com

Andy Doornaert
Managing Director
E: adoornaert@kpmg.com

Jessica Libby
E: jlibby@kpmg.com


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