The tariff on patented British medicines went to zero at one minute past midnight, and the notice announcing it was filed that afternoon
The tariff was gone before the notice explaining it existed.
Commerce filed a notice at 4:15 p.m. Eastern on Friday revising the tariff on patented pharmaceuticals and associated pharmaceutical ingredients that are products of the United Kingdom from 10 percent to zero. The rate change took effect at 12:01 a.m. Eastern that same day, on goods entered for consumption or withdrawn from warehouse for consumption. The notice will not appear in the Federal Register until 4 August.
What the rate rests on
Proclamation 11020, issued on 2 April, put the tariff on pharmaceuticals in place and told the Secretary to publish a notice cutting the British rate to zero to the extent any future pricing agreement between the two governments required it. The two governments announced the conclusion of that agreement, the Arrangement on Pharmaceutical Pricing, on the same day the Proclamation was signed.
The notice says the requirements of section IV.1.a of the Arrangement are currently being met. That present tense is the whole basis for the rate. It is not a scheduled reduction and it is not a phase-out, and the notice does not describe any period for which the zero rate is guaranteed.
The mechanism is one line
Heading 9903.04.63 of the Harmonized Tariff Schedule is amended by deleting "+10%" wherever it appears and inserting "+0%" instead.
That single substitution is the entire operative text. The notice sets no comment period, because it is a notice rather than a rule, and it names no other country. Commerce has not stated what volume of trade the heading covers.