Following the recent Notice of Action and Proposed Actions issued under the United States Trade Representative’s (USTR) Section 301 investigation into China’s maritime, logistics, and shipbuilding sectors, the U.S. Customs and Border Protection has now published official guidance regarding payment of the USTR fee.
This update is intended to inform BIMCO members of the recently released payment guidance. Below is a summary, though we strongly encourage readers to review the full guidance in detail to ensure compliance and understanding: CSMS # 66427144 - Section 301 Vessel Fees
Who is responsible for payment?
The responsibility for determining whether a vessel is subject to the Section 301 fee—and for ensuring payment—is placed squarely on the vessel operator, not U.S. Customs and Border Protection (CBP). Pursuant to the guidance, operators are strongly encouraged to pay the applicable fee before the vessel arrives at its first U.S. port. Without proof of payment, vessels may be denied permission to load or unload, or clearance may be withheld until payment is verified.
When and how should payment be made?
To ensure smooth operations, it is recommended that payment is initiated at least three business days prior to the vessel’s arrival in the United States.
All payments must be made electronically through the U.S. Department of the Treasury’s secure Pay.gov website. At present, our understanding is that payments on the Pay.gov portal may require a U.S. bank account. We are actively monitoring for any updates regarding the acceptance of alternative payment methods.
Payments cannot be made at the Port of Entry.
Contact U.S. Customs and Border Protection for queries:
For any questions about these requirements or the payment process, operators can contact the CBP Manifest Branch at OFO-MANIFESTBRANCH@cbp.dhs.gov.
Conclusion:
Timely and accurate payment of Section 301 vessel fees is a critical part of U.S.-bound voyages for many operators and charterers. By following the outlined steps in the CBP guidance and ensuring all documentation is in order before arrival, unnecessary delays can be avoided and compliance with the latest U.S. trade measures ensured.
It is worth noting that the BIMCO USTR Clause for Time Charter Parties 2025 provides that payment shall be made in accordance with the US Agency’s payment instructions. This reference ensures that the updated guidance is appropriately captured.
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