United States of America: Reclassification of photomask pellicles and consequent increase in the MFN duty

Measure #13080 | Published 4 Dec 2016 ▲


U.S. Customs and Border Protection (CBP) announced a reclassification ruling in the November 30, 2016 edition of Customs Bulletin and Decisions that resulted in an increase in the tariff applicable to photomask pellicles. The item had previously been classified under HTSUS subheading 8486.90.00 (duty-free), but CBP has ruled that they may be reclassified under HTSUS subheading 3926.90.9995 (5.3% duty). China, Germany, Japan, and the Netherlands are the principal suppliers of this product. The final revocation and modification became effective for goods entered or withdrawn from warehouse for consumption on or after January 30, 2017.

Any Evidence-Based Deliberation:

Question Result
Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?
Is there any evidence that alternatives to the proposed measure were considered?
Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?
Was such evidence identified?
Is such evidence publicly available?
Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?
Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?
Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?
Did the government state its intention to review the measure within one year of implementation?

Implementing Jurisdiction:

Affected Trading Partners:

Measure type:

Affected Sectors:

Affected Tariff Lines:

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Date Discovered:

Implemented: No

Date of inception: 30 Jan 2017

GTA Evaluation: Red

Government Response:

Glossary of trade terms