9903.79.07 Semiconductors 232: Consumer Electronics Exemption Explained

Key Points

• 9903.79.07 is an exemption heading under the Section 232 semiconductors program. It imposes no additional duty of its own.
• It covers semiconductor articles, as defined in subdivision (b) of U.S. note 39 to subchapter III of Chapter 99, that are for use in non-data center consumer electronics applications in the United States.
• The HTSUS general-column rate reads "The duty provided in the applicable subheading," meaning the importer pays only the regular Chapter 1-97 rate, with no Section 232 surcharge added on top.
• Claiming this heading requires that your goods fall within the definition of "semiconductor articles" in U.S. note 39(b) and that they are destined for non-data center consumer electronics use, not commercial or data center applications.
• 9903.79.01 is the duty-bearing heading for the Section 232 semiconductor program. 9903.79.07 is one of several exception headings (9903.79.02 through .09) that carve out specific categories from that surcharge.

On this page

1. What 9903.79.07 is and what program it belongs to
2. Product scope: what "semiconductor articles" and "non-data center consumer electronics" mean
3. Rate structure: what importers actually pay
4. How this heading appears on a customs entry
5. How 9903.79.07 interacts with other tariff provisions
6. What importers should do
7. Key references

9903.79.07 is an exemption heading under the Section 232 semiconductors program. As of August 14, 2026, it does not carry any additional duty. Importers who qualify claim it alongside their regular Chapter 1-97 classification to establish that their semiconductor goods are excluded from the Section 232 surcharge because they are destined for non-data center consumer electronics applications in the United States. The links throughout this article go directly to the primary documents: the official tariff schedule, Federal Register notices, and agency guidance pages themselves. Read the source.

What 9903.79.07 is and what program it belongs to

The Section 232 semiconductors program imposes additional duties on certain semiconductor articles imported into the United States. The duty-bearing heading for that program is 9903.79.01. Congress and trade authorities also established a set of exception headings, numbered 9903.79.02 through 9903.79.09, under U.S. note 39 to subchapter III of Chapter 99 of the HTSUS. These headings do not impose duties. Instead, they identify categories of semiconductor articles that are carved out from the Section 232 surcharge.

9903.79.07 is one of those exception headings. Its official heading text, as it appears in the HTSUS, is: "Semiconductor articles, as defined in subdivision (b) of U.S. note 39 to this subchapter, that are for use in non-data center consumer electronics applications in the United States." Claiming it tells CBP that your goods meet the criteria for this specific carve-out and are not subject to the 9903.79.01 surcharge.

For context on related exception headings within the same program, see our articles on 9903.79.02, 9903.79.03, and 9903.79.04.

Product scope: what "semiconductor articles" and "non-data center consumer electronics" mean

The definition of semiconductor articles

The term "semiconductor articles" is defined in subdivision (b) of U.S. note 39 to subchapter III of Chapter 99. The scope of that definition controls eligibility for 9903.79.07. Importers must confirm that their specific goods fall within subdivision (b) as written. Consult the current HTSUS text or a licensed customs broker to verify whether a particular product qualifies under that subdivision.

The "non-data center consumer electronics" requirement

9903.79.07 is narrower than some other exception headings in the program. It applies to semiconductor articles intended for non-data center consumer electronics applications in the United States. This language distinguishes the heading from related exceptions such as 9903.79.03, which addresses data center applications. Goods destined for servers, cloud infrastructure, or other data center uses would not qualify here. Consumer electronics in the non-data center context typically refers to end-user devices such as televisions, smartphones, gaming consoles, home appliances, and similar products, but the authoritative scope is determined by U.S. note 39. Confirm the end-use characterization of your specific merchandise before claiming this heading.

Rate structure: what importers actually pay

The HTSUS general-column rate for 9903.79.07 reads: "The duty provided in the applicable subheading." This means:

• No Section 232 surcharge is added when this exception heading is properly claimed.
• The importer pays only the normal duty rate from the underlying Chapter 1-97 classification (for example, the MFN or Column 1 General rate, or any applicable preferential rate).
• Any other applicable duties, such as Section 301 duties or other Chapter 99 overlays, continue to apply independently. 9903.79.07 relieves only the Section 232 semiconductor surcharge tied to 9903.79.01.

If your goods do not qualify for this exception and you have not confirmed another applicable exception heading (9903.79.02 through .09), the Section 232 surcharge under 9903.79.01 would apply. Use the duty calculator to model the difference in your landed cost.

How this heading appears on a customs entry

Chapter 99 headings like 9903.79.07 are claimed as a second line on the entry, riding alongside the regular Chapter 1-97 classification. The workflow is:

1. Classify the semiconductor article under its correct Chapter 1-97 HTS subheading (for example, a heading in Chapter 85).
2. Add 9903.79.07 as an additional HTS line on the same entry to assert the Section 232 consumer electronics exception.
3. The Chapter 99 line carries no additional dutiable value. It signals to CBP that the importer is claiming the carve-out.

Brokers should ensure both lines appear correctly in ACE. Errors in classification or missing Chapter 99 claims can result in incorrect duty assessment. Refer to CBP's guidance pages for entry filing requirements and any applicable CSMS messages related to the Section 232 semiconductor program.

How 9903.79.07 interacts with other tariff provisions

Claiming 9903.79.07 addresses only the Section 232 semiconductor surcharge. It does not affect:

• Section 301 duties: If the semiconductor articles originate in China and are subject to Section 301 tariffs, those duties continue to apply. A separate Chapter 99 Section 301 heading would appear on the entry in addition to 9903.79.07.
• Section 232 duties on other products: The semiconductors program is distinct from Section 232 programs covering steel, aluminum, or copper. For background on how Section 232 has expanded to other product categories, see Section 232 Expands to Copper; UK Pharma Tariffs Drop to Zero.
• Column 2 rates: Goods from countries subject to Column 2 rates are not affected by this exception heading in the same way. Confirm the applicable column for your country of origin.
• Other 9903.79.xx headings: Only one exception heading in the 9903.79.02-.09 range should apply to a given shipment. Importers should determine which single exception heading, if any, correctly describes their goods.

For a broader view of how 2026 Chapter 99 codes interact across programs, see the 2026 tariff code overview.

What importers should do

• Confirm product scope under U.S. note 39(b). Pull the current text of U.S. note 39 from the HTSUS and verify that your merchandise qualifies as a "semiconductor article" under subdivision (b) and that its end use is non-data center consumer electronics in the United States.
• File both the Chapter 1-97 line and the 9903.79.07 line on each applicable entry. Work with your customs broker to ensure the Chapter 99 exception heading is correctly paired with the underlying classification in ACE.
• Audit stacking duties separately. Confirm whether Section 301 or other Chapter 99 duties apply to the same goods and account for them independently. 9903.79.07 does not remove those obligations.
• Monitor for program updates. The Section 232 semiconductor program and its exception headings are subject to change. Check federalregister.gov and cbp.gov regularly for new Federal Register notices, proclamations, or CSMS messages that affect the program.

Key references

• Harmonized Tariff Schedule of the United States (HTSUS), hts.usitc.gov - Official text of 9903.79.07 and U.S. note 39, including subdivision (b) definition of semiconductor articles
• U.S. Customs and Border Protection, cbp.gov - Entry filing guidance and CSMS messages related to Section 232 semiconductor program
• Federal Register, federalregister.gov - Notices and rules establishing and amending the Section 232 semiconductors program
• White House, whitehouse.gov - Presidential proclamations establishing the Section 232 semiconductor program
• 9903.79.03: Data Center Semiconductor Exemption Explained - The parallel exception for data center semiconductor applications
• 9903.79.04 Semiconductors 232: The Repairs and Replacement Exemption - The exception heading covering repairs and replacement semiconductors
• 9903.79.02 Semiconductors 232: What This Exclusion Heading Means - Overview of the first exception heading in the 9903.79 series