9903.05.83 Venezuela Section 301 Forced Labor: 12.5% Duty

Key Points
- HTS code 9903.05.83 imposes an additional 12.5 percent ad valorem duty on all products of Venezuela, effective July 24, 2026, with no announced end date.
- The duty applies to all Chapter 1 through 97 products originating in Venezuela; no product category is carved out under this code.
- Legal authority comes from the USTR Section 301 forced-labor final action dated July 23, 2026, implemented through U.S. note 52 and confirmed by CSMS 69326983.
- 9903.05.83 is a Chapter 99 overlay code and must be entered alongside the underlying Chapter 1-97 classification line on every affected entry, not in place of it.
- Do not confuse this code with 9903.05.01 through 9903.05.09, which cover a separate Section 301 Brazil program, not forced labor.
On this page
- What this code is and who it affects
- The Section 301 forced labor program and legal authority
- Product and country scope
- Rate and effective window
- How 9903.05.83 stacks with other duties
- How to report this code on an entry
- What importers should do
- Key references
HTS 9903.05.83 is a Chapter 99 additional-duty code that adds 12.5 percent to the duty bill on any product of Venezuela entering U.S. commerce on or after July 24, 2026. It was established under the USTR Section 301 forced-labor final action and is codified in U.S. note 52 of the Harmonized Tariff Schedule. Every importer, customs broker, and trade compliance team sourcing goods from Venezuela needs to account for this surcharge immediately.
The links in this article go to the primary documents: the USTR action, CBP system messaging, and the official tariff schedule pages themselves. Read the source.
What this code is and who it affects
9903.05.83 is a Section 301 forced-labor overlay code sitting within the country-specific heading range 9903.05.20 through 9903.05.84 in Chapter 99 of the Harmonized Tariff Schedule. Its official heading text reads: Products of Venezuela, Section 301 forced-labor action, U.S. note 52: +12.5% ad valorem.
Any U.S. importer of record whose goods originate in Venezuela is directly affected as of July 24, 2026. Customs brokers preparing entries for Venezuelan-origin merchandise must include this code on every applicable entry summary. Trade attorneys advising clients on supply-chain restructuring should note that the duty covers the full universe of Chapter 1-97 goods, making no exceptions for specific sectors.
If you import goods from other countries under the same Section 301 forced-labor program, be aware that rates vary by country. For comparison, see our articles on 9903.05.82 for Uruguay and 9903.05.80 for the UAE, both also at 12.5 percent.
The Section 301 forced labor program and legal authority
This duty is the product of a Section 301 forced-labor investigation and final action by the Office of the United States Trade Representative. The USTR final action was issued on July 23, 2026. CBP operationalized the duty through CSMS 69326983 and it is governed by U.S. note 52 of the Harmonized Tariff Schedule.
U.S. note 52(a) provides the governing product scope rule for this heading: all Chapter 1-97 products of Venezuela are covered. The migration identifier for this scope entry is migration_202607281700, which reflects how the rule was loaded into the tariff schedule data.
A critical distinction: do not conflate this program with codes 9903.05.01 through 9903.05.09. Those codes cover a separate Section 301 action involving Brazil and operate under different legal authority. The forced-labor country headings begin at 9903.05.20 and run through 9903.05.84. Venezuela sits at 9903.05.83 within that distinct range.
Product and country scope
Country of origin
The duty applies to goods whose country of origin is Venezuela (VE) as determined under the applicable U.S. rules of origin. The origin determination follows standard CBP substantial-transformation principles for non-preferential origin. If Venezuelan-origin goods are processed through a third country, confirm with your broker whether that processing is sufficient to confer a new origin before assuming the duty does not apply.
Product scope
U.S. note 52(a) covers all products classifiable in Chapters 1 through 97 of the Harmonized Tariff Schedule. There are no product exclusions listed in the facts available as of September 18, 2026. If exclusion requests are available or if specific product carve-outs have been granted, confirm the current status directly in the official HTSUS published by USITC or with your customs broker, as those details are beyond the scope of the July 23, 2026 final action.
Rate and effective window
The rate is 12.5 percent ad valorem, additional to all other applicable duties. This rate has been in effect since July 24, 2026, and as of September 18, 2026, no end date has been announced. The duty continues indefinitely until USTR modifies or terminates the action.
Because no sunset date exists in the current authority, importers should not expect this surcharge to lapse automatically. Any future modification would require a separate USTR rulemaking or executive action and would be announced through the Federal Register and a corresponding CBP CSMS message.
How 9903.05.83 stacks with other duties
9903.05.83 is additive. It layers on top of, not in place of, all other duties that apply to the underlying Chapter 1-97 classification. A shipment of Venezuelan goods may simultaneously attract:
- The applicable Most Favored Nation (MFN) column 1 general rate from the Chapter 1-97 heading.
- Any other Section 301 additional duties from separate Chapter 99 codes that apply to the same goods.
- Any antidumping or countervailing duties assessed under separate AD/CVD orders.
- The 12.5 percent Section 301 forced-labor surcharge from 9903.05.83.
The facts block does not specify an MFN cap for this code. If you believe a cap or offset may apply based on another trade provision, confirm that in the current HTSUS or with your broker. Do not assume stacking rules from other Section 301 programs apply here without verification.
For a broader look at how Chapter 99 overlay codes interact with standard duty calculations, see our 2026 tariff code overview.
How to report this code on an entry
On an ACE entry summary, 9903.05.83 is reported as a separate tariff line alongside the underlying Chapter 1-97 classification line. It does not replace the primary classification. Every commercial invoice line for Venezuelan-origin goods requires both the regular HTS number and the 9903.05.83 overlay. Failing to include 9903.05.83 will result in an underpayment of duties, which can expose the importer of record to interest, penalties, and potential CBP enforcement action.
CBP operationalized this code via CSMS 69326983. If you are experiencing ACE filing errors related to Chapter 99 forced-labor codes, check the CBP.gov CSMS message archive for the latest system guidance. For context on ACE entry filing errors in related Chapter 99 codes, see our article on ACE CATAIR V53 Error F884.
Entries filed on or after July 24, 2026 for Venezuelan-origin merchandise must include this code. Verify the entry date, not the shipment date or bill-of-lading date, for the purpose of determining applicability. Confirm the exact date rule with your broker if goods were in transit around the effective date.
What importers should do
- Audit open and recent entries: Review all entries filed on or after July 24, 2026, that cover Venezuelan-origin goods across any Chapter 1-97 classification, and confirm 9903.05.83 was declared and the 12.5 percent duty was paid.
- Update classification and duty-cost models: Add 9903.05.83 as a mandatory overlay in your duty-calculation workflow for all Venezuelan suppliers. Use the duty calculator to recheck landed cost for affected SKUs.
- Verify origin documentation: Ensure supplier certificates of origin and commercial invoices correctly state Venezuela as country of origin where applicable, and apply U.S. substantial-transformation rules where goods pass through third countries.
- Monitor USTR and CBP announcements: No end date has been set. Watch the Federal Register and CBP CSMS for any modifications, exclusion processes, or termination of this action.
Key references
- Harmonized Tariff Schedule of the United States (USITC), Chapter 99, heading 9903.05.83 and U.S. note 52: the authoritative text of the duty and its scope.
- CBP CSMS 69326983: CBP system messaging operationalizing the July 24, 2026 effective date for 9903.05.83 and related forced-labor codes.
- Federal Register (federalregister.gov): search for the USTR Section 301 forced-labor final action dated July 23, 2026 for the full regulatory text and scope determination.
- Office of the United States Trade Representative (ustr.gov): administers the Section 301 forced-labor program and publishes modifications, exclusion processes, and related guidance.
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