Article By: Rick Walker, Vice President, TradeInsights, LCB/CCS

Customs and Border Protection (CBP) on Friday evening, May 30, provide the following update to the in-transit end date identified in CSMS # 64680374, “GUIDANCE – Reciprocal Tariffs, April 5 and April 9, 2025, Effective Dates,” which was issued due to the implementation of Executive Order, “Regulating Imports with a Reciprocal Tariff to Rectify Trade Practices that Contribute to Large and Persistent Annual United States Goods Trade Deficits,” as amended. CBP said this guidance applies to the actions that are effective on April 5, 2025, April 9, 2025, and April 10, 2025. “This guidance is temporary while the stay of the United States Court of International Trade judgment referenced in CSMS # 65201384 is in effect,” the agency said.

Guidance

An in-transit exception for IEEPA Reciprocal tariffs was implemented for three vessel loading periods. CBP’s prior guidance was that it would generally not be realistic for goods to be loaded onto a vessel at the port of loading and in-transit on the final mode of transport to the United States prior to April 5, 2025, April 9, 2025, or April 10, 2025, as applicable, and hence to qualify for the in-transit exceptions, if entry for such goods was not made prior to May 28, 2025. Upon further consideration, CBP is updating this guidance. CBP’s updated guidance is that it is generally not realistic for shipments to qualify for the in-transit exceptions if entry is not made prior to June 16, 2025.

9903.01.28: Articles the product of any country that were (1) loaded onto a vessel at the port of loading and in-transit on the final mode of transport prior to entry into the United States before 12:01 a.m. ET on April 5, 2025, AND (2) are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on April 5, 2025.

To prevent importers from abusing the exception for goods that were in-transit before April 5, 2025 when it is no longer realistic due to the passage of time, CBP will permit heading 9903.01.28 to be declared only for goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. ET on April 5, 2025, and before 12:01 a.m. ET on June 16, 2025.

NOTE: Articles the product of the countries that have an additional country-specific rate of duty, identified in 9903.01.43 – 9903.01.76, that were (1) loaded onto a vessel at the port of loading and in-transit on the final mode of transport on or after 12:01 a.m. ET April 5, 2025, and before 12:01 a.m. ET April 9, 2025, and (2) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. ET on June 16, 2025, are subject to the 10% additional rate in lieu of the country-specific rate of duty. Articles to which this in-transit scenario applies must be reported under 9903.01.25.

Articles the product of China, identified in 9903.01.63, that were (1) loaded onto a vessel at the port of loading and in transit on the final mode of transport on or after 12:01 a.m. ET April 9, 2025, and before 12:01 a.m. ET April 10, 2025, and (2) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. ET on June 16, 2025, are subject to the 10% additional rate in lieu of the country-specific rate of duty. Articles to which this in transit scenario applies must be reported under 9903.01.25.

Please contact your V. Alexander account team, or you may also contact our Trade Compliance team at tradeinsights@valexander.com with any questions.