U.S. Customs and Border Protection (CBP) has released the implementing guidance for the 90-day extension of the Jones Act waiver. The waiver now runs from August 17 through November 15, and carriers must load covered product onboard before that deadline to qualify. The guidance also narrows the list of commodities by roughly two-thirds. Critically, the waiver still covers heating oil, kerosene, diesel, propane, renewable diesel and biodiesel.

The extension follows the coalition letter NEFI and NPGA transmitted to the White House on July 24. Fifteen national, state, and regional associations signed, urging the Administration to extend the waiver and keep our fuels moving.

What the Waiver Covers

The list has dropped from more than 600 Harmonized Tariff Schedule (HTS) lines in April to 237. Those lines fall under just 22 HTS headings, and 154 of them sit under HTS 2710, petroleum oils and refined products.

The major categories:

• Refined petroleum products (HTS 2710): No. 2 diesel fuel oil; No. 4, No. 5, and No. 6 fuel oils; kerosene; jet fuel; gasoline; motor fuel blending stock; naphthas; and lubricating oils

• Crude oil and condensate (HTS 2709)

• Natural gas and LPG (HTS 2711): liquefied natural gas, natural gas in a gaseous state, propane, butane, ethylene, and propylene

• Biodiesel (HTS 3826.00.10): biodiesel and blends containing less than 70 percent petroleum oils by weight

• Ethyl alcohol, including for fuel use (HTS 2207)

• Fertilizers (HTS 3101-3105): urea, UAN solutions, ammonium sulfate, ammonium nitrate, superphosphates, and potassium compounds

• Fertilizer inputs: anhydrous ammonia (HTS 2814), phosphoric and sulfuric acid (HTS 2809, 2807), natural calcium phosphates (HTS 2510), nitrogen and phosphorus (HTS 2804), and sulfur (HTS 2503)

• Soybean oils (HTS 1507)

• Petroleum coke, bitumen, asphalt, waxes, and petroleum jelly (HTS 2712-2715)

• Coal tar light oil (HTS 2707) and petroleum-derived binders (HTS 3826.00.30)

Members should consult the CBP list for all 237 lines and exact classifications.

Our fuels will keep moving through November 15. The shorter list reflects the case this industry made. But renewing the waiver every 90 days is no substitute for a permanent fix. NEFI will monitor implementation and continue pressing for a durable, longer-term solution and for meaningful reform of the Jones Act.

For a deeper look at the waiver and what comes next, join us at the Southern New England Energy Conference, September 14 and 15 at the Newport Marriott Hotel & Spa in Rhode Island. Colin Grabow of the Cato Institute, one of the nation’s preeminent Jones Act experts, will deliver the general session keynote. Register here.

For more information, please contact NEFI Manager of Government Affairs, Liam Dotson, liam.dotson@nefi.com