CustomsGenius
← All Publications
News

9903.45.31 Section 201 QSP Safeguard: Rate, Scope, and Stacking

Published: August 26, 2026  ·  9 min read
9903.45.31 Section 201 QSP Safeguard: Rate, Scope, and Stacking
Photo: Artem Podrez / Pexels

Key Points

On this page

  1. What 9903.45.31 is and who must care
  2. Product scope: what qualifies as a QSP
  3. HTS classification lines covered
  4. Country exclusions under U.S. note 41(c)
  5. Rate schedule and effective windows
  6. Quota mechanics and how the code appears on an entry
  7. Stacking with other duties
  8. What importers should do
  9. Key references

HTS 9903.45.31 is a Chapter 99 safeguard heading that adds a 50 percent duty, effective 2026-08-15, on quartz surface products imported from countries that are not exempt under U.S. note 41(c) to subchapter III of Chapter 99, when entered in quantities exceeding the quota defined in U.S. note 41(d). The duty was created by Proclamation 11051, published at 91 FR 50645, and applies through 2030-08-14 on a declining annual schedule. Every importer sourcing engineered stone countertops, slabs, or similar quartz-based fabricated surfaces from a non-exempt origin needs to account for this additional charge immediately.

The links in this article go to the primary documents: the proclamations, Federal Register notices, and official tariff schedule pages themselves. Read the source.

What 9903.45.31 is and who must care

As of 2026-08-26, this code is newly effective. It was added to the Harmonized Tariff Schedule of the United States (HTSUS) under the Section 201 global safeguard authority. Section 201 of the Trade Act of 1974 allows the President to impose temporary import relief when a domestic industry is seriously injured by increased imports. Proclamation 11051, appearing in the Federal Register at 91 FR 50645, is the controlling legal instrument. U.S. note 41 to subchapter III of Chapter 99 of the HTSUS contains the product definition (note 41(a)), the country exclusions (note 41(c)), and the quota trigger quantities (note 41(d)).

Importers of engineered stone or quartz-composite surfaces, their customs brokers, and trade counsel all need to evaluate every shipment against this code starting with entries filed on or after 2026-08-15. Retroactive entries do not apply; entries before that date are unaffected.

Product scope: what qualifies as a QSP

U.S. note 41(a) defines a quartz surface product using a two-part conjunctive test drawn directly from Proclamation 11051, paragraph 8:

Both conditions must be satisfied for the heading to apply. An article that is predominantly silica by weight but uses no resin binder, or that is quarried natural stone, does not meet the QSP definition and should not carry 9903.45.31. For the dedicated HTS slab lines (6810.99.0020 and 6810.99.0040), these products are treated as QSP candidates by default given their specific product descriptions. For the broader residual glass line (7020.00.6000), QSP qualification must be established for each shipment. If you are uncertain whether your specific product meets the note 41(a) definition, confirm with a licensed customs broker or by reviewing the note text directly in the official HTSUS.

HTS classification lines covered

9903.45.31 rides alongside three underlying Chapter 1-97 subheadings. A correct entry will show both the chapter 1-97 classification and 9903.45.31 as a secondary line:

If your goods are classifiable under 6810.99.0020 or 6810.99.0040, the QSP charge applies by default when origin and quota conditions are met. The 7020.00.6000 line requires an affirmative determination that the article meets the note 41(a) definition. Verify your classification on the HTSUS online schedule and confirm with your broker.

Country exclusions under U.S. note 41(c)

U.S. note 41(c) exempts a significant number of countries from 9903.45.31. Goods originating in any exempt country do not owe this additional duty regardless of quantity. The exempted countries as of 2026-08-26 include:

The exemption is self-executing: no claim or certificate is required on the entry beyond accurate country-of-origin declaration. If your origin is not on this list, your goods are subject to 9903.45.31 when they also exceed the quota quantity in note 41(d). For guidance on accurate origin declarations, see our article on country of origin marking requirements. If you source from third-country processing hubs, review substantial transformation rules before assuming a country of origin.

Importers should be aware that transshipment through an exempt country does not confer exempt status. CBP scrutinizes origin claims on products subject to safeguard duties. See our article on transshipment customs fraud for context on enforcement risks.

Rate schedule and effective windows

The duty under 9903.45.31 is an additional duty, layered on top of the normal column 1 rate for the underlying subheading. The rate declines annually over the program's four-year life:

The program is announced to terminate on 2030-08-14. No rate or extension beyond that date is established in the facts available as of 2026-08-26. The date of entry, not the date of export or purchase, determines which rate window applies. Use our duty calculator to model your landed cost under each window.

Quota mechanics and how the code appears on an entry

9903.45.31 applies only to entries that exceed the aggregate quantity threshold defined in U.S. note 41(d). Goods entered within that threshold quantity use a different Chapter 99 provision; 9903.45.31 is the over-quota heading. The quota is administered under Quota Bulletin QB 26-601, and CBP's operational instructions are in CSMS message 69509193, available via cbp.gov. Check both documents for current in-quota versus over-quota procedures, filing deadlines, and any first-come-first-served queue rules before filing.

On a CBP entry summary, 9903.45.31 appears as a second HTS line beneath the primary chapter 1-97 classification (e.g. 6810.99.0020). The 50 percent additional duty is assessed on the customs value of the over-quota portion. ACE will reject entries that do not include both lines when the over-quota condition applies. Confirm the entry format with your broker and cross-reference CBP's guidance in CSMS 69509193.

Stacking with other duties

The 50 percent (or subsequently stepped-down) rate under 9903.45.31 is an additional duty. It stacks on top of:

The interaction of multiple Chapter 99 codes on a single entry line can produce a very high effective duty rate. Model your total landed cost carefully before each purchase order. For a broader overview of how Chapter 99 codes interact, see our 2026 tariff code overview.

What importers should do

Key references


Recovering IEEPA tariff refunds? Get started with CustomsGenius to streamline your refund process.

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