U.S. temporary duty-free treatment of infant formula base powder

Limited to certain infant formula base powder exported to the United States on or before November 14, 2022

Infant formula base powder exported to the United States on or before November 14, 2022

U.S. Customs and Border Protection (CBP) today issued a release announcing that it will provide duty-free treatment of eligible infant formula base powder entered or withdrawn from warehouse for consumption on or after October 13, 2022, through December 31, 2022. 

Today’s CBP guidance—CSMS # 53599807—explains that the 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)
  • Is limited to certain infant formula base powder classifiable under Harmonized Tariff Schedule (HTS) subheading 1901.90.62 exported to the United States on or before November 14, 2022


The president on October 10, 2022, signed into law H.R. 8982, the “Bulk Infant Formula to Retail Shelves Act,” which temporarily suspends duty on imports of certain infant formula base powder.

The Office of Trade (OT) updated the HTS file in the Automated Commercial Environment (ACE) to account for the law.

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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