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9903.05.22 Explained: Argentina Section 301 Forced Labor, 10% Duty

Published: August 31, 2026  ·  7 min read
9903.05.22 Explained: Argentina Section 301 Forced Labor, 10% Duty
Photo: Rafael Rodrigues / Pexels

Key Points

On this page

  1. What 9903.05.22 is and which program created it
  2. Affected products and country scope
  3. The 10 percent rate and its effective window
  4. How 9903.05.22 stacks with other duties
  5. How the code appears on a customs entry
  6. Common classification pitfalls
  7. What importers should do
  8. Key references

As of August 30, 2026, HTS 9903.05.22 adds a 10 percent ad valorem duty on all products of Argentina entering the United States under the Section 301 Forced Labor action. The duty took effect on July 24, 2026, under authority of U.S. note 52 to Chapter 99, and has no announced expiration date. Every importer of Argentine-origin goods must report this code on affected entries beginning on that date. The links in this article go to the primary documents: the USTR final action, CSMS notices, and the official tariff schedule pages themselves. Read the source.

What 9903.05.22 is and which program created it

9903.05.22 is a Chapter 99 special tariff code created under the U.S. Trade Representative's Section 301 Forced Labor Investigation and Penalty (FLIP) program. The USTR issued its final action on July 23, 2026, triggering a new duty structure on imports from countries found to use forced labor in ways actionable under Section 301 of the Trade Act of 1974.

The legal home for this code is U.S. note 52 to Chapter 99 of the Harmonized Tariff Schedule of the United States (HTSUS). Country-specific headings under that note run from 9903.05.20 through 9903.05.84. Argentina's heading is 9903.05.22. CBP operationalized the change through CSMS message 69326983, which importers and brokers should review for ACE filing instructions.

The official heading text reads: Products of Argentina - Section 301 forced-labor action, U.S. note 52: +10% ad valorem.

Affected products and country scope

The scope of 9903.05.22 is broad. Under U.S. note 52(a), all Chapter 1 through 97 products of Argentina are covered. There is no product exclusion list or positive list limiting the code to specific industries or Chapters. If the good is of Argentine origin and classifiable somewhere in Chapters 1-97, the additional duty applies.

Country of origin for this purpose follows standard CBP substantial transformation rules. Goods that are merely processed or transshipped through Argentina but originate elsewhere do not qualify as products of Argentina, and vice versa: goods that originate in Argentina but are shipped through a third country remain subject to 9903.05.22.

Confirm current origin rules and any CBP binding rulings directly at cbp.gov, and cross-check the live tariff schedule at hts.usitc.gov, as product-scope annotations may be updated after any migration cycle.

The 10 percent rate and its effective window

The additional duty rate is 10 percent ad valorem. It applies to the customs value of the imported merchandise, computed on the same basis as the ordinary Chapter 1-97 duty. The rate took effect for entries on or after July 24, 2026, the day following the USTR final action. As of the facts date for this article, no end date has been announced.

The rate is country-specific. Other country headings in the 9903.05.20-9903.05.84 range may carry different rates under U.S. note 52. State only the Argentina rate, 10 percent, for entries under 9903.05.22. If your goods come from a different country, confirm which heading applies in the current HTSUS or with your broker.

How 9903.05.22 stacks with other duties

The 10 percent Section 301 Forced Labor duty is additional to, not in place of, all other applicable duties. On a typical Argentine-origin entry, the total duty obligation will be the sum of:

The facts block for this code does not describe an MFN cap for Argentina's heading. If you believe a cap may apply based on subsequent Federal Register notices, confirm in the current HTSUS or with a licensed customs broker before filing.

For background on how Chapter 99 codes interact with Chapter 98 codes on the same entry line, see CBP Updates ACE HTS Reporting Order for Chapter 98 and 99 Classifications.

How the code appears on a customs entry

Chapter 99 codes like 9903.05.22 are overlay codes. They do not replace the regular tariff classification; they ride alongside it. A properly filed entry for an Argentine-origin good will show two HTS lines in ACE:

  1. The applicable Chapter 1-97 classification, carrying the MFN rate and the merchandise description.
  2. 9903.05.22, carrying the 10 percent additional duty and referencing the Section 301 Forced Labor program.

CBP's ACE system calculates both duty amounts, and the importer owes both. Omitting the Chapter 99 line on a covered entry constitutes underpayment and may trigger a penalty or liquidated damages action. Review CSMS 69326983 on cbp.gov for any specific ACE field-level instructions issued at rollout.

You can use the CustomsGenius duty calculator to model stacked duty scenarios before filing. For a broader orientation to the 2026 tariff code landscape, see the 2026 tariff code overview.

Common classification pitfalls

Confusing the Brazil and Argentina Section 301 blocks

The heading range 9903.05.01 through 9903.05.09 covers a separate Section 301 Brazil program. That block and the Argentina block (9903.05.20-9903.05.84) sit close together in Chapter 99 and can be confused at a glance. Always verify the two-letter country designator in the heading text before filing. Argentina is 9903.05.22; Brazil codes begin at 9903.05.01.

Assuming a product carve-out exists

Because 9903.05.22 covers all Chapter 1-97 products of Argentina with no published exclusion list as of the facts date, importers accustomed to product-specific exclusion processes from other Section 301 actions (such as the China 301 tariffs) should not assume a similar exclusion mechanism exists here. Confirm the current note 52 text at hts.usitc.gov.

Origin determination for multi-country supply chains

If Argentine inputs are incorporated into goods processed in a third country, the final country of origin may or may not be Argentina depending on the degree of transformation. This is a fact-specific determination. Verify with your customs broker or through a CBP binding ruling if the origin is genuinely ambiguous.

What importers should do

Key references


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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.

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