CustomsGenius
← All Publications
News

9903.04.69 Explained: Section 232 Pharma 0% Note 40 Heading

Published: October 29, 2026  ·  5 min read
9903.04.69 Explained: Section 232 Pharma 0% Note 40 Heading
Photo: Towfiqu barbhuiya / Pexels

Key Points

On this page

  1. What 9903.04.69 is
  2. Legal authority and scope
  3. Dates and applicability
  4. Interaction with other duties and how it appears on an entry
  5. What importers should do
  6. Key references

9903.04.69 is a Chapter 99 heading in the Section 232 pharmaceuticals program, covering articles described in subdivision (i) of U.S. note 40 to the subchapter. It matters to importers of pharmaceutical products who may qualify under that subdivision. As of October 2026, the additional duty on this heading is 0 percent.

The links in this article go to the primary documents: the proclamations, Federal Register notices, and official tariff schedule pages themselves. Read the source. Start with the official Harmonized Tariff Schedule for the text of U.S. note 40.

What 9903.04.69 is

This heading is an exemption, exception, or claim heading within the Section 232 pharmaceuticals program. It is not a duty-imposing line. Its rate is 0 percent additional duty, so filing it does not add a Section 232 charge to the entry line it accompanies.

The official heading text reads: "Articles as provided for in subdivision (i) of U.S. note 40 to this subchapter." The heading text does not name a country or list products. What qualifies sits in subdivision (i) of the note, not in the heading itself.

Why the note matters more than the heading

The heading text points to the note, and the note holds the operative conditions. Anything the note says about onshoring plans, pricing arrangements, or which products and companies are covered must be read there. We do not paraphrase those mechanics here, because the facts we work from do not state them. Read U.S. note 40 in the current HTSUS before relying on this heading.

Legal authority and scope

The authority recorded for this heading is Proclamation 11020, published at 91 FR 18183, together with U.S. note 40 to the subchapter. The proclamation is a Section 232 action on pharmaceuticals. You can search for the notice through federalregister.gov using the citation 91 FR 18183, and look for the proclamation text through whitehouse.gov.

Scope points to keep straight:

If you need to know whether a specific product or supplier falls under subdivision (i), confirm it against the HTSUS note and with your broker. Do not infer it from the heading text alone.

Dates and applicability

The effective dates in our records for this heading are two: July 31, 2026 for Annex III, and September 29, 2026 for all companies. The rate is 0 percent additional duty in each case. We do not have further detail on how the Annex III timing and the all-companies timing interact for a given importer, so confirm which applies to your entries in the HTSUS and in the proclamation.

The records are current as of October 2026. Check the live HTSUS for any later revision to the heading or the note before filing.

Interaction with other duties and how it appears on an entry

Chapter 99 line plus the regular line

A Chapter 99 heading is never filed alone. 9903.04.69 rides alongside the regular Chapter 1 to 97 line for the imported article. The regular line carries the product's classification and its ordinary duty treatment. The Chapter 99 line records the Section 232 treatment, which here is 0 percent additional duty.

What this heading does not tell you

Our records say nothing about how this heading stacks with other programs, such as Section 301 or reciprocal tariffs, so confirm that with your broker and the current HTSUS. Do not assume that a 0 percent Section 232 line removes duties under other programs. For background on those programs, see our Section 301 China tariff list guide and our reciprocal tariffs explainer.

Related pharmaceutical headings

The pharmaceuticals program uses several neighboring Chapter 99 lines, and picking the right one is the main risk. Compare this heading with 9903.04.67 and 9903.04.65. Our 2026 tariff code overview lists the wider set of codes.

What importers should do

Key references


Working through tariffs on real entries? Create an account, then see plans for the full toolkit.

About the Author

Franz Brotzen, CustomsGenius CEO & Founder. Franz is a published researcher on U.S. trade policy. He has worked at think tanks in Washington DC and Tokyo, where his academic publications focussed on tariffs and legal compliance. Franz received his JD from Harvard Law School.

Request Beta Access

Get early access to CustomsGenius and start recovering IEEPA refunds faster.

Beta Pilot Ongoing