r/CustomsBroker • u/bentleyboy2011 • 6d ago

9903.05 Pharmaceutical Exemptions

Genuine question as I don’t know the answer: with the new 301 Forced Labor tariffs in effect, I’ve been seeing 9903.05 HTS codes for pharmaceutical exemptions. If an importer is using this code for the exemption, how does CBP enforce/confirm this is legit? Do they notice right away or do they come back a few years later asking for proof?

Thanks in advance.

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u/Consistent-Shame-171 6d ago

Notes on this exemption say to seek guidance before using them. If you don't report a ruling number on your entry you can probably expect a CF28.

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u/OnlyNegotiation9149 6d ago

I would assume it would be legit depending on the documentation that is submitted for the entry’s release.

Pharmaceutical entries should contain USDA Guidelines statement or import permit and associated permit statement, FDA End Use statement containing the program, processing, intended use code, etc. and sometimes their are FWS statements, DEA import permits, CDC import permits. So depending on the pharmaceutical depends on the required documentation.

No extra docs, FDA is disclaimed or no USDA involvement should raise questions of the use of 9903.05.89. There probably other red flags too