8130-3 Tags and CM Project Number

January 16, 2026 by Leave a comment

Late in 2025, the FAA issued a significant revision to Order 8130.21 (the instructions for completing 81303 tags). After it was released, ASA pointed out that one of the changes was requirement to list the CM project number on the 8130-3.

The problem with this requirement is that the CM project number is not published on an available database (like DRS.FAA.GOV); nor is it readily available for most projects. For most aircraft parts the CM project number is also different from the production approval number. When a manufacturer has multiple production sites, each site may have a different CM project number. ASA members and their DARs have complained that they are unable to reliably find the CM Project Number for most aircraft parts.

ASA has been in discussions with the FAA about this issue. The FAA recognized the difficulties in finding the CM project number, and yesterday FAA signed a deviation memo that removes this “CM Project Number” requirement as it applies to 8130-3 tags signed at a distributor or other non-PAH location.

The deviation memo is identified as AIR-600-DM46.

The deviation memo is not yet publicly available, but is expected to be made available soon on the FAA’s Dynamic Regulatory System (DRS): https://drs.faa.gov.

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Classifying Fasteners

January 6, 2026 by Leave a comment

I have been seeing a number of companies having trouble with classifications.  This is the first of what will likely be an occasional series discussing classification.  This blog post will address fasteners.

Please note that the following analysis is based on the regulations and standards as they are written today.  Export and import law, is subject to change.  This is particularly true of tariffs over the past year.  So you should always verify your classification under the current regulations and standards.

Classification is necessary for both exports and imports.  Exports of civil aircraft parts are typically classified under Export Commodity Classification Numbers or ECCNs.  An exception arises when the goods are controlled under the International Traffic in Arms Regulations (ITARs).  

Export Classification

ECCNs are typically five characters long.  Many civil aircraft parts are characterized under ECCN 9A991.  This ECCN applies to civil aircraft parts that are (1) not specified elsewhere and (2) specially designed for civil aircraft.  The first condition is important because some parts (like engines, avionics, etc.) are specified elsewhere and may have different export limits and licensing provisions based on their proper classification.  The second condition is equally important because the term “specially designed” is a legal term of art that has a specific definition under the Commerce Department regulations.  The definition specifically excludes fasteners, so fasteners typically will not be classified under ECCN 9A991.  Instead, they will typically be classified under EAR99.

Import Classification

Imported goods are typically classified under harmonized tariff codes from the Harmonized Tariff Schedule of the United States (HTSUS).  These codes can be ten digits long (when you include the statistical reporting number).  There are also a lot more tariff numbers than there are ECCNs, which makes navigating the tariff schedule a little more daunting.  Classifying fasteners for import can reflect a more complex analysis than what we just had to perform for fastener export classification.  

Normally, fasteners will be classified based on their material.  An article made of iron or steel is typically classified within HTSUS Chapter 73 of the tariff schedule.  This chapter is 45 pages long.  Within the chapter are four-digit headings and the heading 7318 addresses fasteners (made from iron or steel).  If the fastener is a bolt, then bolts made from iron or steel will be classified under 7318.15.20xx.  This classification would also encompass bolts that are imported with their nuts or washers (the nuts and washers do not have to be declared separately).  The final two characters (the “xx” in the example above) are the statistical reporting number and this number will depend on the size and nature of the bolt.  If the bolt had a shank or threads less than 6mm, then the statistical reporting number would be “10” (so the full tariff code would be 7318.15.2010.  If the shank or thread is 6mm or more then the nature of the bolt will drive the statistical reporting number: for example,  a structural bolt is classified under 7318.15.2030.  

But if the same bolt was made from a different material then the importing tariff number could be different. An aluminum bolt would be found on the schedule for aluminum articles (HTSUS Chapter 76).  It would be identified as 7616.10.xxxx.  A threaded bolt with a shank or threads less than 6mm would be identified as 7616.10.7030.   A threaded bolt with a shank or thread diameter of 6mm or more would be classified as 7616.10.9030.

Proper tariff classification is important because different tariffs have different duty amounts.  For example, the 7616.10.7030 bolt would be subject to a 5.5% duty rate when imported into the United States.  The larger diameter 7616.10.9030 bolt would be subject to a 6% duty rate when imported into the United States.  

A common mistake is to classify these sorts of fasteners as aircraft parts under heading 8807, which is a general classification for aircraft parts that do not have a more specific code that describes them.  Heading 8807 doesn’t apply to our fasteners because there are more specific classifications for bolts.  This misclassification violates the import tariff rule that requires assignment of the most specific tariff description.  It also leads to underpaid duties, which can lead to penalties when the underpayment is detected.

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Does Carbon Border Adjustment Mechanism (CBAM) Apply to Aircraft Parts

January 5, 2026 by Leave a comment

The European Carbon Border Adjustment Mechanism (CBAM) regulations changed for 2026.  Under the old provisions, EU importers were required to keep record and make reports but were not required to pay emissions taxes under the CBAM scheme.  As of January 1, European importers will be paying taxes related to certain materials under the CBAM regulations.

A number of ASA members have already complained that they are being asked questions they cannot answer about the carbon generation associated with the production of aircraft parts that they are exporting to the European Union. These questions could accelerate as EU importers start to collect information related to emissions taxes under CBAM.

Most aircraft parts are NOT subject to CBAM.  This means that for most aircraft parts, the CBAM questions simply do not apply. But there are several caveats to this statement:

  • CBAM applies mostly to basic materials and basic material goods, BUT it also applies to some finished products, such as:
    • Tubes and pipes (CN Headings 7303-7307, 7608-7609)
    • Tanks (CN Headings 7309-7310, 7611-7612)
    • Compressed gas tanks (CN Heading 7311, 7613)
    • Steel or iron fasteners (CN Heading 7318)
    • Aluminum wires (CN Heading 7614).
  • The EU plans to periodically examine the CBAM Regulations and has reserved the right to additional goods and sectors to the coverage of CBAM.

Wondering if your article is subject to CBAM?  Check out CBAM Annexes I and II: they have the lists of all of the CN codes that are currently subject to CBAM.

The philosophy behind CBAM is that EU producers are meeting stringent emissions standards.  Foreign producers may not meet the same stringent emissions standards.  Importers of foreign goods pay an emissions fee to offset the fact that the foreign producer did not have the expenses associated with meeting the stringent EU emissions standards.

CBAM is connected to the European Union Emissions Trading System (EUETS).  Originally, aviation was exempt from the EUETS, but it appears that aviation is now being gradually incorporated into the EUETS.  Thus, aviation parts could be subject to CBAM in the future.

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BIS “Affiliates Rule” Postponed for One Year

November 16, 2025 by 1 Comment

A month ago, we reported on the new BIS “Affiliates Rule” that extends a company’s sanctions to any subsidiary business that subject to 50% or more ownership by the sanctioned company. That rule became effective on September 29, 2025, but its implementation is already being postponed!

On November 12, BIS announced that it would be delaying the effective date of the Affiliates Rule for one year:

“This rule will be implemented in two phases. The first phase, effective on November 10, 2025, and ending November 9, 2026, is a one-year suspension of the Affiliates Rule. BIS is temporarily suspending all changes previously made to the EAR by the Affiliates Rule during this period. In the second phase of this final rule, effective November 10, 2026 and extending indefinitely, the changes included in the Affiliates Rule that are removed in the first stage will be added back into the EAR.”

Remember – OFAC policy still extend sanctions to 50%-owned subsidiaries of OFAC-sanctioned companies.

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New Guidance on Completing 8130-3

November 2, 2025 by 1 Comment

The FAA has new instructions on how to complete 8130-3 tags.

FAA Order 8130.21J is the new guidance on how a manufacturer or an FAA designee completes the FAA Form 8130-3. It becomes effective on November 24, 2025. This order includes instructions for a designee who issues the form for parts at a distributor’s facility:

When issued at a distributor, a 14 CFR part 121 or 14 CFR part 135 certificate holder, or a 14 CFR part 145 certificated repair station, enter the following statement: “The product or article shipped under this approval was produced by [insert PAH’s name and CM project number].”

The order also includes instructions for splitting bulk shipments:

8.f.(2) Splitting a bulk shipment. Any person may split a bulk shipment that the person owns or controls. When splitting bulk shipments, PAHs, PAH associate facilities, distributors, PAH-approved suppliers having direct shipment authorizations shall have procedures in place to control products or articles. Previously shipped bulk shipments of new products or articles may be split as many times as the original quantity listed in block 9 permits. Products or articles received without an FAA Form 8130-3 must not be mixed with those received with FAA Form 8130-3. To split a bulk shipment associated with a form, copy the form and either:

(a) Indicate on each copy of the form (front or back side) the number of aircraft engines, propellers, or articles being shipped, tracking number for the portion being shipped, and the name, physical address, date, and contact information of the person splitting the shipment, or;

(b) Make a statement on a separate document accompanying each copy that includes: the tracking number of the original form, tracking number for the portion being shipped (tracking number assigned to the new statement by the person responsible for splitting the bulk shipment), number of aircraft engines, propellers, or articles being shipped (under this new statement), and the name, physical address, date, and contact information of the person splitting the shipment.

Note: Retain a copy of the form or the separate document used to split a bulk shipment
according to paragraph 8.d. This note only applies to paragraph 8.f.(2)

FAA Advisory Circular 43-9D is the new guidance on how a repair station or other maintenance provider completes the FAA Form 8130-3 as an approval for return to service and maintenance release. Rebuilds performed under 14 C.F.R. 43.3(j) and approved under 14 C.F.R. 43.7(d) ARE NOT part of this guidance (they are covered under Order 8120.18A).

Resources

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BIS Applies Existing Sanctions to Partially-Owned Affiliates; TGB Aviation Added to Sanction List

October 8, 2025 by Leave a comment

NOTE: Implementation of this rule has been postponed by one year. For more details click here.

A new rule will apply Bureau of Industry and Security [“BIS”] sanctions to “affiliates,” and thus the sanctions will be expanded to include certain non-listed companies. This will create a de facto increased obligation for exporters to collect data and perform due diligence on export transactions.

As most of you know, State Department sanctions “flow-down,” meaning that if a company is sanctioned and it controls another company, the sanctions apply to the controlled company as well, even though the controlled company might not be listed as a sanctions-target.

The new BIS rules will apply a similar “flow-down” approach to any transaction that is subject to the jurisdiction of the BIS (which is most transactions in civil aircraft parts). If the potential partner is owned by a business or person that is restricted under Commerce or Treasury regulations, then the restrictions may “flow-down” to the potential partner. The rule is published in multiple parts, so here is a summary of the relevant parts:

  • If the parent entity is sanctioned under the BIS Entity List, and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.11(a)(1)).
  • If the parent entity is sanctioned as a military end user (“MEU”) under the BIS rules, and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.11(a)(1)).
  • If the parent entity is sanctioned as a Treasury Department Specially Designated National (SDN), and the parent entity owns 50% or more of the child business, then the child business is treated as if it were a BIS-sanctioned business as well (new language in 15 C.F.R. § 744.8(a)(2)).
  • For purposes of these rule, ownership will include direct or indirect ownership; if two or more restricted entities own 50% or more of a business, then their ownership will be aggregated for purposes of identifying whether the rule applies.
  • Generally these restrictions will not (yet) flow-down from the unlisted entities. Thus if an unlisted child entity is restricted by these rules, then its own 50%-owned subsidiaries (grandchildren) will typically not be affected by the restrictions until (1) the child-owner is listed or (2) the grandchild is listed.
  • The child business who is affected by these rules can request that it be specifically excluded from its parent listing. If this is successful, then parent entity’s listing (on the Entity List) would be modified to exclude the child business (new language in 15 C.F.R. §§ 744.16(e); 744.21(b)(2)).

This is an interim final rule, which means it became effective immediately, backdated to September 29, 2025. The government has opened comments on this interim final rule, through October 29, and if any reader sees ways to improve the rule, please let us know so that we can make sure your comments are received.

Compliance diligence remains important. We can see this from the latest addition to the Entity List. Tomorrow, the U.S. government plans to add TGB Aviation to the BIS sanctions list (it will be effective as of today). TGB Aviation is a parts distributor in Turkey and they are accused of shipping U.S.-origin aircraft components into Iran.

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EU Aircraft Parts Are BACK to Duty Free

October 1, 2025 by Leave a comment

Under the Agreement on Trade in Civil Aircraft (ATCA), aircraft and their parts are supposed to enter on a duty-free basis. The recent application of duty (chapter 99 tariffs) to aircraft parts has been a major change for the aviation industry. We are slowly rolling that back.

The most recent change has been for civil aviation products of the EU. HTSUS (2025) revision 24 was issued on September 25 and it includes duty free treatment for most civil aircraft parts. The specific details can be found in the Federal Register notice.

To be clear, the actual tariff treatment is that civil aircraft parts that are products of the EU and that fall into a list of tariff codes (it is long, but reproduced below) are now exempt from additional duties, but will be subject to the regular base duty to which they were always subject.

The new chapter 99 tariff code for civil aircraft parts that are products of the EU is HTSUS 9903.02.76.

Tariff Codes Subject to the Civil Aviation Exemption for the EU:

3917.21.00 8411.21.40 8479.90.41 8518.29.80 9014.20.40
3917.22.00 8411.21.80 8479.90.45 8518.30.10 9014.20.60
3917.23.00 8411.22.40 8479.90.55 8518.30.20 9014.20.80
3917.29.00 8411.22.80 8479.90.65 8518.40.10 9014.90.10
3917.31.00 8411.81.40 8479.90.75 8518.40.20 9014.90.20
3917.33.00 8411.82.40 8479.90.85 8518.50.00 9014.90.40
3917.39.00 8411.91.10 8479.90.95 8519.81.10 9014.90.60
3917.40.00 8411.91.90 8483.10.10 8519.81.20 9020.00.40
3926.90.45 8411.99.10 8483.10.30 8519.81.25 9020.00.60
3926.90.94 8411.99.90 8483.10.50 8519.81.30 9025.11.20
3926.90.96 8412.10.00 8483.30.40 8519.81.41 9025.11.40
3926.90.99 8412.21.00 8483.30.80 8519.89.10 9025.19.40
4008.29.20 8412.29.40 8483.40.10 8519.89.20 9025.19.80
4009.12.00 8412.29.80 8483.40.30 8519.89.30 9025.80.10
4009.22.00 8412.31.00 8483.40.50 8521.10.30 9025.80.15
4009.32.00 8412.39.00 8483.40.70 8521.10.60 9025.80.20
4009.42.00 8412.80.10 8483.40.80 8521.10.90 9025.80.35
4011.30.00 8412.80.90 8483.40.90 8522.90.25 9025.80.40
4012.13.00 8412.90.90 8483.50.40 8522.90.36 9025.80.50
4012.20.10 8413.19.00 8483.50.60 8522.90.45 9025.90.06
4016.10.00 8413.20.00 8483.50.90 8522.90.58 9026.10.20
4016.93.50 8413.30.10 8483.60.40 8522.90.65 9026.10.40
4016.99.35 8413.30.90 8483.60.80 8522.90.80 9026.10.60
4016.99.60 8413.50.00 8483.90.10 8526.10.00 9026.20.40
4017.00.00 8413.60.00 8483.90.20 8526.91.00 9026.20.80
4823.90.10 8413.70.10 8483.90.30 8526.92.10 9026.80.20
4823.90.20 8413.70.20 8483.90.50 8526.92.50 9026.80.40
4823.90.31 8413.81.00 8483.90.80 8528.42.00 9026.80.60
4823.90.40 8413.91.10 8484.10.00 8528.52.00 9026.90.20
4823.90.50 8413.91.20 8484.90.00 8528.62.00 9026.90.40
4823.90.60 8413.91.90 8501.20.50 8529.10.21 9026.90.60
4823.90.67 8414.10.00 8501.20.60 8529.10.40 9029.10.80
4823.90.70 8414.20.00 8501.31.50 8529.10.91 9029.20.40
4823.90.80 8414.30.40 8501.31.60 8529.90.04 9029.90.80
4823.90.86 8414.30.80 8501.31.81 8529.90.05 9030.10.00
6812.80.90 8414.51.30 8501.32.20 8529.90.06 9030.20.05
6812.99.10 8414.51.90 8501.32.55 8529.90.09 9030.20.10
6812.99.20 8414.59.30 8501.32.61 8529.90.13 9030.31.00
6812.99.90 8414.59.65 8501.33.20 8529.90.16 9030.32.00
6813.20.00 8414.80.05 8501.33.30 8529.90.19 9030.33.34
6813.81.00 8414.80.16 8501.33.61 8529.90.21 9030.33.38
6813.89.00 8414.80.20 8501.34.61 8529.90.24 9030.39.01
7007.21.11 8414.80.90 8501.40.50 8529.90.29 9030.40.00
7304.31.30 8414.90.10 8501.40.60 8529.90.33 9030.84.00
7304.31.60 8414.90.30 8501.51.50 8529.90.36 9030.89.01
7304.39.00 8414.90.41 8501.51.60 8529.90.39 9030.90.25
7304.41.30 8414.90.91 8501.52.40 8529.90.43 9030.90.46
7304.41.60 8415.10.60 8501.52.80 8529.90.46 9030.90.66
7304.49.00 8415.10.90 8501.53.40 8529.90.49 9030.90.68
7304.51.10 8415.81.01 8501.53.60 8529.90.55 9030.90.84
7304.51.50 8415.82.01 8501.61.01 8529.90.63 9030.90.89
7304.59.10 8415.83.00 8501.62.01 8529.90.68 9031.80.40
7304.59.20 8415.90.40 8501.63.01 8529.90.73 9031.80.80
7304.59.60 8415.90.80 8501.71.00 8529.90.77 9031.90.21
7304.59.80 8418.10.00 8501.72.10 8529.90.78 9031.90.45
7304.90.10 8418.30.00 8501.72.20 8529.90.81 9031.90.54
7304.90.30 8418.40.00 8501.72.30 8529.90.83 9031.90.59
7304.90.50 8418.61.01 8501.72.90 8529.90.87 9031.90.70
7304.90.70 8418.69.01 8501.80.10 8529.90.88 9031.90.91
7306.30.10 8419.50.10 8501.80.20 8529.90.89 9032.10.00
7306.30.30 8419.50.50 8501.80.30 8529.90.93 9032.20.00
7306.30.50 8419.81.50 8502.11.00 8529.90.95 9032.81.00
7306.40.10 8419.81.90 8502.12.00 8529.90.97 9032.89.20
7306.40.50 8419.90.10 8502.13.00 8529.90.98 9032.89.40
7306.50.10 8419.90.20 8502.20.00 8531.10.00 9032.89.60
7306.50.30 8419.90.30 8502.31.00 8531.20.00 9032.90.21
7306.50.50 8419.90.50 8502.39.00 8531.80.15 9032.90.41
7306.61.10 8419.90.85 8502.40.00 8531.80.90 9032.90.61
7306.61.30 8421.19.00 8504.10.00 8536.70.00 9033.00.90
7306.61.50 8421.21.00 8504.31.20 8539.10.00 9104.00.05
7306.61.70 8421.23.00 8504.31.40 8539.51.00 9104.00.10
7306.69.10 8421.29.00 8504.31.60 8543.70.42 9104.00.20
7306.69.30 8421.31.00 8504.32.00 8543.70.45 9104.00.25
7306.69.50 8421.32.00 8504.33.00 8543.70.60 9104.00.30
7306.69.70 8421.39.01 8504.40.40 8543.70.80 9104.00.40
7312.10.05 8424.10.00 8504.40.60 8543.70.91 9104.00.45
7312.10.10 8425.11.00 8504.40.70 8543.70.95 9104.00.50
7312.10.20 8425.19.00 8504.40.85 8543.90.12 9104.00.60
7312.10.30 8425.31.01 8504.40.95 8543.90.15 9109.10.50
7312.10.50 8425.39.01 8504.50.40 8543.90.35 9109.10.60
7312.10.60 8425.42.00 8504.50.80 8543.90.65 9109.90.20
7312.10.70 8425.49.00 8507.10.00 8543.90.68 9401.10.40
7312.10.80 8426.99.00 8507.20.80 8543.90.85 9401.10.80
7312.10.90 8428.10.00 8507.30.80 8543.90.88 9403.20.00
7312.90.00 8428.20.00 8507.50.00 8544.30.00 9403.70.40
7322.90.00 8428.33.00 8507.60.00 8801.00.00 9403.70.80
7324.10.00 8428.39.00 8507.80.82 8802.11.01 9405.11.40
7324.90.00 8428.90.03 8507.90.40 8802.12.01 9405.11.60
7326.20.00 8443.31.00 8507.90.80 8802.20.01 9405.11.80
7413.00.90 8443.32.10 8511.10.00 8802.30.01 9405.19.40
7608.10.00 8443.32.50 8511.20.00 8802.40.01 9405.19.60
7608.20.00 8471.41.01 8511.30.00 8805.29.00 9405.19.80
8108.90.60 8471.49.00 8511.40.00 8807.10.00 9405.61.20
8302.10.60 8471.50.01 8511.50.00 8807.20.00 9405.61.40
8302.10.90 8471.60.10 8511.80.20 8807.30.00 9405.61.60
8302.20.00 8471.60.20 8511.80.40 8807.90.90 9405.69.20
8302.42.30 8471.60.70 8511.80.60 9001.90.40 9405.69.40
8302.42.60 8471.60.80 8514.20.40 9001.90.50 9405.69.60
8302.49.40 8471.60.90 8516.80.40 9001.90.60 9405.92.00
8302.49.60 8471.70.10 8516.80.80 9001.90.80 9405.99.20
8302.49.80 8471.70.20 8517.13.00 9001.90.90 9405.99.40
8302.60.30 8471.70.30 8517.14.00 9002.90.20 9620.00.50
8307.10.30 8471.70.40 8517.61.00 9002.90.40 9620.00.60
8307.90.30 8471.70.50 8517.62.00 9002.90.70 9802.00.40
8407.10.00 8471.70.60 8517.69.00 9002.90.85 9802.00.50
8408.90.90 8471.70.90 8517.71.00 9002.90.95 9802.00.60
8409.10.00 8479.89.10 8518.10.40 9014.10.10 9802.00.80
8411.11.40 8479.89.20 8518.10.80 9014.10.60 9818.00.05
8411.11.80 8479.89.65 8518.21.00 9014.10.70 9818.00.07
8411.12.40 8479.89.70 8518.22.00 9014.10.90
8411.12.80 8479.89.95 8518.29.40 9014.20.20

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Aircraft Parts from Japan are Once Again Duty-Free

September 16, 2025 by Leave a comment

Today, the United States published the new tariff standards for goods that are products of Japan.

Aircraft parts imported into the United States will once again enjoy duty-free status when they are products of Japan and are covered under the Agreement on Trade in Civil Aircraft.

The new tariff code for aircraft parts that are products of Japan is 9903.96.02. It exempts the parts from the new chapter 99 tariffs. As with other aircraft parts duties, this only provides duty-free treatment to the extent that the parts are covered under the Agreement on Trade in Civil Aircraft. Some things that we consider to be aircraft parts (for example: bearings and fasteners) may be outside of the scope of the Agreement on Trade in Civil Aircraft, in which case they may be subject to the “normal” chapter 99 duties on goods of Japan.

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Saying the Silent Part Out Loud: Aircraft Parts Will Continue to be Subject to Changing Tariff Rules

September 6, 2025 by Leave a comment

The White House has given the industry more guidance on their plans for import tariffs that may be applied to aircraft parts. In an Executive Order published last night, the Administration confirmed that the United States will set aircraft parts duty rates at unique levels for each trading partner.

“The list of imports for which I may be willing to provide a zero percent reciprocal tariff rate is … [description of other products]; aircraft and aircraft parts…. Given the complex, fact-specific, and sensitive nature of negotiations and the national emergency declared in Executive Order 14257, among other relevant considerations, the imports that might receive a reciprocal tariff rate of zero percent may be different for each final agreement between a foreign trading partner and the United States.”

This confirms that the Administration has no intent to honor the Agreement on Trade in Civil Aircraft provisions (including the statutory provisions that implemented that agreement) that provide for duty-free entry of aircraft and aircraft parts. Instead, the Administration expects to set varying tariff levels for imported aircraft parts, based on the country of origin. This can be very complicated to assess for some parts.

For example, an aircraft component that was produced in France might be a product of France when it sold into the aftermarket by the manufacturer. But the substantial transformation doctrine dictates that if the same part was original equipment on a Boeing aircraft produced in the United States, then it became a product of the United States because the fabrication of the complete aircraft (incorporating the component) was a complex assembly. Thus, two otherwise identical aircraft parts might actually be treated differently upon their import into the United States, with the former being a product of France subject to the EU HTSUS provisions, and the latter being a product of the United States that may eligible for duty-free return (assuming that it has not been advanced in value while abroad).

Aviation has a robust record-keeping practice, but the historical duty-free treatment of aircraft parts has meant that the record-keeping practices evolved to support airworthiness, rather than for the purpose of meeting import tariff rules. Modern aircraft parts record-keeping practices may be inadequate in some cases to support common exceptions that should otherwise apply to the U.S. import of aircraft parts.

In June, ASA published an argument to the United States government suggesting that current United States law does not permit duties on aircraft parts, because of (1) the Agreement on Trade in Civil Aircraft and also (2) statutory law that implemented the duty-free treatment of aircraft and aircraft parts. That discussion included the following text:

Any effort to impose tariff-based restrictions on commercial aviation must take into account the
Agreement on Trade in Civil Aircraft. The Agreement on Trade in Civil Aircraft requires
signatories to eliminate tariffs on aircraft and aircraft parts. The Agreement has been signed by
the United States and by many of its major aviation trading partners, including Canada, France,
and the United Kingdom

In 1979, Congress approved the ATCA. That law authorized the president to accept the final
language of the Agreement on Trade in Civil Aircraft and established that it would become
effective when the President finds that other countries have accepted the obligations of the
agreement with respect to the United States. The current implementation of this in the U.S.
Code recognizes that Congress approved the ATCA. While President Carter signed the
Agreement in 1979, it was President Reagan who issued the proclamation described in the
authorizing legislation. At least since 1984, then, the ATCA has been recognized as part of the
law of the United States. The mechanism by which Congress approved the ATCA and
authorized the President to proclaim the ATCA makes it a “congressional-executive agreement.”

Congress has passed other statutory provisions to implement ATCA. For example, the ATCA is
defined in by statute as “the Agreement on Trade in Civil Aircraft approved by the Congress
under section 2503 of [title 19 of the U.S.C.].” Congress has identified that the negotiating
objectives of the United States include eliminating tariff barriers through expanding membership
in the ATCA. General Note 6 of the HTSUS establishes which goods are eligible for duty-free
treatment under the ATCA, and the current language of that General Note was established in
1996 by Congress in the Miscellaneous Trade and Technical Corrections Act of 1996. Thus,
the duty-free treatment of aircraft is established under both the Agreement on Trade in Civil
Aircraft (an international agreement) and also by implementing domestic legislative language.
Eliminating those provisions means eliminating statutory law, as well as eliminating U.S.
obligations under an international agreement. [citations omitted]

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Duty-Free Treatment for Civil Aviation Products of Japan: May Be Returning

September 4, 2025 by Leave a comment

Today the White House issued an executive order describing the new tariff agreement with Japan.

The new executive order establishes a baseline 15% tariff on goods of Japan. But it appears that aircraft parts produced in Japan may be authorized for duty-free entry into the United States.

The new executive order appears to recognize the Agreement in Trade on Civil Aircraft (“ATCA”) as providing for duty-free treatment of civil aviation products from Japan. The language is complicated because it directs that “the tariffs imposed through the following Presidential actions and subsequent amendments to those actions shall no longer apply.” The clause lists four Presidential actions. The problem is that the new executive order is not described as a specific amendment to those four Presidential actions, although it cross-references them. This leaves the administration some room to decide that the ATCA doesn’t really exempt aircraft parts from the 15% duty on goods of Japan.

But it appears that the current intent of the Administration is to recognize the ATCA duty-free treatment of civil aircraft parts that are the product of Japan. If this is implemented as we expect, then Japan will join the United Kingdom as only the second jurisdiction in which the ATCA is allowed to once-again provide duty-free treatment to civil aircraft parts, overcoming the Chapter 99 tariffs. It will take a few days for this to get implemented in the HTSUS, and when it is then the implementation will clarify the impact on aircraft parts.

In addition, the White House executive order announced a $550 billion investment in the United States by Japan. The Japan Times reported that 1-2% of this will be direct investment and the remainder will be provided in the form of loans and loan guarantees in the United States.

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