Process for the Duty-Free Application Submission via the ITA-338P Form

Purpose

The ITA-338P form can be completed on high value orders more than $10,000 when a department will import educational or scientific instruments or equipment subject to tariffs under certain conditions and the department desires to apply for import-tax-free entry into the United States. To qualify for the tariff exemption, the purchased equipment must not have an equivalent/similar alternative that could be manufactured and purchased from a company in the United States. Cost savings should not be a determining factor in the supplier/vendor/equipment selection if equivalent/similar equipment can be manufactured in the United States. More information is provided on the United Nations Educational, Scientific and Cultural Organization (UNESCO) website in Annex D.

Application Process

  1. End user must complete the ITA-338P form and submit it as soon as possible: Request for Duty Free Entry of Scientific Instruments or Apparatus
    1. ATTENTION! 
      1. The ITA-338P form is intended to be used for UC Berkeley Purchase Orders with a value of $10,000 or more. 
      2. At the very bottom of the form, please select the option to have official correspondence concerning this application to be addressed to the official under whose control the instrument will be used so that you will receive all official correspondence and updates.
    2. Review form regulations and guidelines: eCFR :: 15 CFR Part 301 -- Instruments and Apparatus for Educational and Scientific Institutions
    3. See our International Shipping web page to determine when to call American Cargoservice (ACS), the University of California's customs broker.
  2. Prepare five (5) copies of the form. One (1) copy of the form must have an original signature, the other four (4) can be copies. The department should save/scan an additional copy of the completed ITA-338P form for internal UC Berkeley records keeping.
  3. Submit all five (5) copies of the form to:

U.S. Customs and Border Protection
Attention: Entry Process and Duty Refunds Branch
Washington, D.C. 20229

For questions prior to mailing the application package to U.S. Customs, please contact supplychain@berkeley.edu(link sends e-mail)

Next Steps

  • The Department of Commerce has the final say on approval for an exemption.
  • From the time U.S. Customs and Border Protection receives the forms, there likely will be a significant wait time before the university receives an official correspondence on updates. 
  • The department will most likely be notified via U.S. postal mail of approval or denial of the form, but should also monitor email in case the notification comes that way.
  • If the application is denied, there is an option to appeal. Guidance on that can be found in the regulations and guidelines link in step 1 above.

Additional Resources