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JAS Forwarding (USA), Inc.

6165 Barfield Road
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Tel: +1 (770)688-1206
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HTSUS Heading 9801: U.S. Goods (or not) Returned
July 6, 2016

Big changes sometimes go unnoticed!  On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act (Pub. L. No. 114-125) ("TFTEA") into law.  Section 904 of the TFTEA amends Chapter 98 of the Harmonized Tariff Schedule of the United States ("HTSUS") and became effective on April 24, 2016.  Subsection (b) covers amendments to Heading 9801 of the HTSUS and provides:

(b) Modification of Provisions Relating to Returned Property

(1)   In General - The article description for heading 9801.00.10 of the Harmonized Tariff Schedule of the United States is amended by inserting after "exported" the following:  ", or any other products when returned within 3 years after having been exported".

In essence, this amendment is intended to remove the requirement that goods entered under Heading 9801 be of U.S. origin if they are imported back into the U.S. within 3 years of their date of export from the U.S.  In other words, goods of ANY origin can now claim duty-free entry under Heading 9801 as "U.S. Goods Returned" provided the 3-year deadline is met.  What kind of documentary requirements will U.S. Customs and Border Protection require to support the new 9801 claims?   The agency has yet to provide any kind of internal guidance to the ports of entry on this and related issues, so stay tuned.  We'll update you in the next newsletter.

Article reprinted with permission on behalf of; The Pike Law Firm, P.C. website:


Latest News

Effective April 1, the Department of Agriculture’s Marketing Service will increase the assessment rate from $0.35 to $0.41 per thousand board feet (MBF) on imported softwood lumber.  The order is administered by the Softwood Lumber Board with oversight by the U.S. Department of Agriculture (USDA). This rule will also add the conversion factor for square meters to board feet and makes one conforming change.

On February 11, 2021, the Biden Administration authorized new sanctions and export-control restrictions on Myanmar (also called Burma) in response to the Myanmar military’s recent coup against the country’s elected civilian government.

U.S. Customs and Border Protection agents and officers nationwide are continuing reports of residents receiving unsolicited calls from scammers posing as U.S. Border Patrol agents and U.S. Customs and Border Protection officers. Individuals are reporting the calls are a pre-recorded message stating, “a box of drugs and money being shipped has your (callers) name on it and it has been intercepted.”  The caller is then instructed to press #1 to speak with a CBP Officer/Agent, which then attempts to get the callers banking information.  

These calls are phone scams/phishing attempts and residents are urged to not provide the caller with any information. The Department of Homeland Security and CBP does not solicit personal information by phone. If such calls are received, people should make a note of the number and any other pertinent details about the call and immediately hang up and report the incident if possible.

Phone scams can be reported to the Federal Trade Commission online at

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