New 4‑year safeguard TRQ with up to 50% additional duties imposed on most imported quartz surface products under HTS 6810.99/7020.00.6000 from 15 Aug 2026.

REGULATORY BRIEFING – SAFEGUARD MEASURE ON QUARTZ SURFACE PRODUCTS (QSP)

1. What changed

• A Presidential Proclamation imposes a global safeguard measure under Section 203 of the Trade Act of 1974 on imports of quartz surface products (QSP).
• The measure is implemented as a tariff‑rate quota (TRQ) via new HTSUS Chapter 99 subheadings 9903.45.30 (in‑quota) and 9903.45.31 (over‑quota), with a new U.S. Note 41 to Subchapter III of Chapter 99.
• The safeguard applies for 4 years, from August 15, 2026 through August 14, 2030, with annual adjustments to TRQ quantities and duty rates.
• The additional safeguard duties are cumulative and apply in addition to normal column 1 duties and any ADD/CVD or other charges.

2. Affected products

• Base HTS classifications covered:
• 6810.99.0020
• 6810.99.0040
• 7020.00.6000
• Scope definition (U.S. Note 41(a)) – "quartz surface products (QSP)" means:
• Slabs and other surfaces created from a mixture of materials that includes predominately silica (e.g., quartz, quartz powder, cristobalite, glass powder) plus a resin binder (e.g., unsaturated polyester).
• Silica content must be greater than any other single material by actual weight.
• Typically rectangular slabs ~45–60 sq. ft., thickness 1, 2, or 3 cm, but scope includes all sizes, thicknesses, and shapes.
• Includes, but is not limited to: countertops, backsplashes, vanity tops, bar tops, work tops, tabletops, flooring, wall facing, shower surrounds, fireplace surrounds, mantels, and tiles.
• May be polished/unpolished, cut/uncut, fabricated/not fabricated, cured/uncured, edged/not edged, finished/unfinished, thermoformed/not thermoformed, packaged/unpackaged.
• Covered whether or not imported attached to or in conjunction with non‑subject merchandise (e.g., sinks, vanities, cabinets, furniture); only the QSP portion is subject.
• Includes material matching the description that has been finished, packaged, or otherwise fabricated in a third country (e.g., cutting, polishing, curing, edging, thermoforming, attaching, packaging) – third‑country processing does not remove it from scope.
• Explicit exclusions from scope:
• Quarried stone surface products such as granite, marble, soapstone, or quartzite.

3. Countries covered vs. excluded

3.1 Countries subject to safeguard (default)

• The safeguard applies to QSP that is the product of any country EXCEPT those specifically exempted in U.S. Note 41(c) and the Proclamation.
• Subject countries include, for example, China, Vietnam, Turkey, India, and any other non‑listed countries.

3.2 Countries excluded from safeguard (no TRQ, no extra duty)

Per U.S. Note 41(c) and the Proclamation, the following are excluded from headings 9903.45.30 and 9903.45.31; their QSP is not counted toward the TRQ and does not pay the safeguard duty:

(i) USMCA partners:

• Canada
• Mexico

(ii) FTA partners and others specifically named:

• Australia
• Colombia
• Costa Rica
• Dominican Republic
• El Salvador
• Guatemala
• Honduras
• Israel
• Nicaragua
• Panama
• Peru
• Singapore
• South Korea (Republic of Korea)

(iii) Developing countries list (selected examples; full list must be consulted in U.S. Note 41(c)):

• Includes, among others: Afghanistan, Albania, Algeria, Angola, Armenia, Azerbaijan, Belize, Benin, Bhutan, Bolivia, Bosnia and Hercegovina, Botswana, Brazil, Burkina Faso, Burma, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo (Brazzaville), Congo (Kinshasa), Côte d'Ivoire, Djibouti, Dominica, Ecuador, Egypt, Eritrea, Eswatini, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Ghana, Grenada, Guinea, Guinea‑Bissau, Guyana, Haiti, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kyrgyzstan, Lebanon, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mauritius, Moldova, Mongolia, Montenegro, Mozambique, Namibia, Nepal, Niger, Nigeria, North Macedonia, Pakistan, Papua New Guinea, Paraguay, Philippines, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tomé and Principe, Senegal, Serbia, Sierra Leone, Solomon Islands, Somalia, South Africa, South Sudan, Sri Lanka, Suriname, Tanzania, Timor‑Leste, Togo, Tonga, Tunisia, Tuvalu, Uganda, Ukraine, Uzbekistan, Vanuatu, Yemen, Zambia, Zimbabwe.

(iv) CBERA beneficiary countries and territories:

• Antigua and Barbuda, Aruba, the Bahamas, Barbados, Belize, British Virgin Islands, Curaçao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago.

Important: The Trade Representative may later remove a developing country from the exclusion list if its share of imports exceeds 3% or if all <3% countries collectively exceed 9%, or if it ceases to qualify as a developing country. These changes will be made by Federal Register notice revising Note 41(c).

4. TRQ structure and duty rate changes

4.1 TRQ quantities (heading 9903.45.30)

• Unit of measure: square meters (meters square).
• TRQ is administered annually with quarterly sub‑limits; unused quarterly quantities roll forward to the next quarter.
• Annual and quarterly in‑quota quantities for all subject countries combined (excluding exempt countries in Note 41(c)):

Year 1: Entries from August 15, 2026 – August 14, 2027

• Annual TRQ: 13,006,426 m²
• Quarterly limits:
• Q1 (Aug 15 – Nov 14): 3,251,606 m²
• Q2 (Nov 15 – Feb 13): 3,251,606 m²
• Q3 (Feb 14 – May 15): 3,251,606 m²
• Q4 (May 16 – Aug 14): 3,251,606 m²

Year 2: Entries from August 15, 2027 – August 14, 2028

• Annual TRQ: 14,771,583 m²
• Quarterly limits:
• Q1: 3,692,896 m²
• Q2: 3,692,896 m²
• Q3: 3,692,896 m²
• Q4: 3,692,896 m²

Year 3: Entries from August 15, 2028 – August 14, 2029

• Annual TRQ: 15,236,099 m²
• Quarterly limits:
• Q1: 3,809,025 m²
• Q2: 3,809,025 m²
• Q3: 3,809,025 m²
• Q4: 3,809,025 m²

Year 4: Entries from August 15, 2029 – August 14, 2030

• Annual TRQ: 15,700,614 m²
• Quarterly limits:
• Q1: 3,925,153 m²
• Q2: 3,925,153 m²
• Q3: 3,925,153 m²
• Q4: 3,925,153 m²

• Any entry of subject QSP within these quantities uses heading 9903.45.30.
• Any entry in excess of the available quarterly (plus any carried‑over) quantity must be entered under 9903.45.31 (over‑quota).
• Products of exempt countries in Note 41(c) do not count against these TRQ quantities.

4.2 Additional duty rates (headings 9903.45.30 and 9903.45.31)

• The safeguard duties apply in addition to the base duty rates in Chapters 68 or 70 and any ADD/CVD.
• Duty rates by period:

Period 1: August 15, 2026 – August 14, 2027

• 9903.45.30 (in‑quota): 25%
• 9903.45.31 (over‑quota): 50%

Period 2: August 15, 2027 – August 14, 2028

• 9903.45.30: 23%
• 9903.45.31: 49%

Period 3: August 15, 2028 – August 14, 2029

• 9903.45.30: 21%
• 9903.45.31: 48%

Period 4: August 15, 2029 – August 14, 2030

• 9903.45.30: 19%
• 9903.45.31: 47%

• These rates apply to both Rates of Duty 1‑General and Rates of Duty 2 columns for the Chapter 99 headings.

5. Effective dates and duration

• Effective date: Applies to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. Eastern Time, August 15, 2026.
• Duration: 4 years, through August 14, 2030, unless reduced, modified, or terminated earlier by Presidential or USTR action.
• Post‑termination: No later than 1 year after termination of the safeguard, the U.S. note and tariff provisions established in the Annex will be deleted from the HTSUS.

6. Foreign‑Trade Zones (FTZ) treatment

• Any merchandise subject to the safeguard measure that is admitted into U.S. foreign‑trade zones on or after 12:01 a.m. ET August 15, 2026 must be admitted in "privileged foreign status" (19 CFR 146.41).
• Upon entry for consumption from the FTZ, such merchandise will be subject to the applicable TRQ and safeguard duties based on its HTSUS classification.

7. Potential future changes (monitoring required)

• Developing country thresholds: If a developing country’s share of total imports exceeds 3%, or all <3% developing countries collectively exceed 9%, USTR may, by Federal Register notice, revise Note 41(c) to subject that country to the safeguard.
• Circumvention: If circumvention is found, USTR may take additional action (including under Sections 203 and 204(b)(2)) and revise Note 41 to close loopholes.
• Surges from excluded countries: If there is a surge in imports from any currently excluded country (including FTA partners), USTR may extend the safeguard to that country and revise Note 41 accordingly.
• Agreements with trading partners: USTR is authorized to negotiate agreements limiting exports of QSP to the U.S. and may suspend or reinstate application of the safeguard to specific partners via revisions to Note 41.

8. Required actions for importers, brokers, and compliance teams

8.1 Classification and scope review

• Confirm that imported products classified under 6810.99.0020, 6810.99.0040, or 7020.00.6000 meet or do not meet the QSP scope in U.S. Note 41(a):
• Verify silica content (must be greater than any other single material by weight to be in scope).
• Distinguish engineered quartz surfaces from quarried stone (granite, marble, soapstone, quartzite) which are excluded.
• Consider third‑country processing: finishing/fabrication in another country does not remove QSP from scope.
• Update internal classification databases and product master data to flag QSP items subject to the safeguard.

8.2 Country of origin and eligibility checks

• Rigorously determine and document country of origin for QSP, especially where slabs are produced in one country and fabricated in another.
• For each shipment, verify whether the origin country is:
• Subject to the safeguard (Chapter 99 9903.45.30/9903.45.31 required), or
• Excluded under U.S. Note 41(c) (no safeguard duty, not counted toward TRQ).
• Maintain evidence supporting origin determinations (production records, supplier declarations) in case of CBP review.

8.3 Entry filing and duty calculation

• For subject QSP:
• Continue to declare the base HTS (6810.99.0020, 6810.99.0040, or 7020.00.6000).
• Add the appropriate Chapter 99 subheading:
• 9903.45.30 for in‑quota entries within the available quarterly TRQ.
• 9903.45.31 for over‑quota entries once the quarterly TRQ (plus any carryover) is exhausted.
• Ensure systems calculate safeguard duties at the correct rate for the applicable period (25/50%, then 23/49%, 21/48%, 19/47%).
• Remember: safeguard duties are cumulative with normal MFN/FTA rates and any ADD/CVD.

8.4 TRQ management

• Monitor CBP quota status for 9903.45.30 each quarter to determine whether in‑quota quantities remain.
• Coordinate shipment timing to maximize use of in‑quota rates where commercially feasible.
• Track your company’s own import volumes by quarter and by origin to anticipate over‑quota exposure.

8.5 FTZ operations

• For QSP admitted into FTZs on or after August 15, 2026:
• Ensure admission as privileged foreign status.
• Plan withdrawals for consumption with awareness of TRQ status and applicable safeguard duty rates.

8.6 Contracting and pricing

• Review and, where possible, renegotiate supply contracts for QSP from subject countries to address:
• Additional safeguard duties (up to 50% over‑quota).
• Potential future inclusion of currently excluded developing countries if thresholds are exceeded.
• Consider sourcing shifts to excluded countries (e.g., Canada, Mexico, Australia, certain developing countries) where commercially viable.

8.7 Compliance monitoring

• Monitor Federal Register notices and USTR/CBP communications for:
• Revisions to U.S. Note 41(c) (changes to excluded developing countries).
• Extension of safeguard to currently excluded countries due to import surges.
• Any negotiated agreements altering application of the safeguard to specific partners.
• Any technical or ministerial corrections to the Annex or HTS provisions.

9. Key references

• Presidential Proclamation: "To Facilitate Positive Adjustment to Competition from Imports of Quartz Surface Products" (July 31, 2026) – White House.
• Annex (HTSUS modifications, U.S. Note 41, and Chapter 99 headings 9903.45.30 and 9903.45.31):
• PDF: https://www.whitehouse.gov/wp-content/uploads/2026/07/ANNEX_c1f5c4.pdf
• ITC Notice of Institution (scope reference): 90 Fed. Reg. 55165 (Dec. 1, 2025).

10. HTS metadata (for internal systems)

• Base HTS subheadings affected:
• 6810.99.0020 – (QSP within this subheading now potentially subject to safeguard via 9903.45.30/9903.45.31)
• 6810.99.0040 – same
• 7020.00.6000 – same
• New Chapter 99 safeguard subheadings:
• 9903.45.30 – QSP of subject countries, in‑quota, additional duty 25%/23%/21%/19% by period.
• 9903.45.31 – QSP of subject countries, over‑quota, additional duty 50%/49%/48%/47% by period.

Importers of engineered quartz surfaces and fabricated quartz countertops should immediately assess their product scope, origin mix, and projected volumes to quantify duty impact and adjust sourcing and pricing strategies accordingly.