Section 301 country actions

9903.05 and 9903.06: which reciprocal-tariff heading applies to your origin.

Headings 9903.05.01–9903.06.21 hold the 2026 Section 301 country actions: 65 country-rate lines at 9903.05.20–9903.05.84 under U.S. note 52, 8 universal carve-outs at 9903.05.85–9903.05.92 that displace all of them, 28 economy-specific carve-outs through 9903.06.21, and a separate Brazil action at 9903.05.01–9903.05.09 under U.S. note 50. Rule out the carve-outs first, then report your origin's line. Read against 2026 HTS Revision 15 on Aug 8, 2026.

Source: USITC 2026 HTS Revision 15Refreshed Aug 8, 2026Reviewed by Tariff SentinelLast reviewed Aug 8, 2026Official source Spotted an error?
Headings in the band110
Country-rate lines65
Universal carve-outs8
Economy-specific carve-outs28

The order the headings have to be read in

This band is not a rate table with one answer per country. It is a precedence chain, and reading it in the wrong order produces a heading that is defensible on its face and wrong at entry. Every one of the 65country lines opens with an “Except for products described in headings” clause, which means the carve-outs are not exceptions applied after the country rate — they displace it before it ever attaches.

  1. Settle the ordinary classification and the origin first.Every heading here is reported alongside a Chapter 1–97 code, never instead of one, and origin is the axis the whole band is keyed on.
  2. Check the entry date against 9903.05.85. It is a window with two conditions, not a general relief for cargo already afloat.
  3. Rule out the 8 universal carve-outsat 9903.05.85–9903.05.92. These reach every covered origin, and 9903.05.86 in particular is decided by a list in the legal notes rather than by anything in the heading text.
  4. Rule out the economy-specific carve-outsat 9903.05.93–9903.06.21 keyed to your origin. Twelve economies have one; most do not.
  5. Only then read your origin’s country line from the table below, and check whether it is one of the five capped economies that carry two lines rather than one.

Brazil is the exception to the whole sequence. Headings 9903.05.01–9903.05.09 are a separate action under a separate legal note, decided independently of everything above, and a Brazil-origin entry can be reached by both.

Universal carve-outs — headings 9903.05.85 to 9903.05.92

HeadingWhat the schedule saysDuty owed
9903.05.85Articles that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States before 12:01 a.m. eastern time on July 24, 2026; and (2) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. eastern time on July 28, 2026The duty provided in the applicable subheading
9903.05.86Articles provided for in subdivision (b) of U.S. note 52 to this subchapterThe duty provided in the applicable subheading
9903.05.87Articles provided for in subdivision (c) of U.S. note 52 to this subchapterThe duty provided in the applicable subheading
9903.05.88Articles of civil aircraft (all aircraft other than military aircraft); their engines, parts and components; their other parts, components and subassemblies; and ground flight simulators and their parts and components, as provided for in subdivision (d) of U.S. note 52 to this subchapterThe duty provided in the applicable subheading
9903.05.89Articles for use in pharmaceutical applications, as provided for in subdivision (e) of U.S. note 52 to this subchapterThe duty provided in the applicable subheading
9903.05.90Articles of aluminum, of steel or of copper or derivative aluminum or steel articles; passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; parts of passenger vehicles (sedans, sport utility vehicles, crossover utility vehicles, minivans and cargo vans) and light trucks; medium- and heavy-duty vehicles; parts of medium- and heavy-duty vehicles; wood products; patented pharmaceutical articles; and semiconductor articles, as provided in subdivision (f) of U.S. note 52 to this subchapterThe duty provided in the applicable subheading
9903.05.91Articles that are donations by persons subject to the jurisdiction of the United States, such as food, clothing and medicine, intended to be used to relieve human sufferingThe duty provided in the applicable subheading
9903.05.92Articles that are informational materials, including but not limited to publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks and news wire feedsThe duty provided in the applicable subheading

These 8 headings displace every one of the 65 country lines regardless of origin, and are the first thing to rule out. Article descriptions are reproduced exactly as the USITC export returns them for 2026 HTS Revision 15.

Reporting one of these headings is a claim that the entry meets the condition in the cited U.S. note 52 subdivision. The heading text is the pointer; the enumerated scope is in the note.

Why 9903.05.86 is a note lookup and not a heading lookup

The single most common way to get this band wrong is to read the country heading and stop. A country line says what an origin owes; it does not say whether the product is reached at all. That question is settled by heading 9903.05.86, whose entire article description is Articles provided for in subdivision (b) of U.S. note 52 to this subchapter — a pointer into a list that runs to 856 eight-digit provisions in the Chapter 99 notes for 2026 HTS Revision 15, spanning meat, minerals, chemicals, base metals, machinery and precision instruments. Nothing about the product, the rate, or the origin predicts membership. The only way to answer “is my code exempt” is to find the code in that list.

The practical consequence for a duty model is that a per-origin rate lookup cannot be right. Two entries of the same origin, filed the same day, can differ by the full country rate purely because one subheading is on the 52(b) list and the neighbouring one is not.

9903.05.90 is not “anything containing metal”

The second common error is reading 9903.05.90 as a material test. It is not. U.S. note 52(f) defines it by reference to other Chapter 99 headings: articles of aluminum, steel or copper and derivative articles provided for inheadings 9903.82.02 and 9903.82.04–9903.82.26; passenger vehicles and light trucks in the 9903.94 headings; parts of those vehicles in a further 9903.94 list; wood products in the 9903.76 headings; medium- and heavy-duty vehicles and their parts in the 9903.74 headings; semiconductor articles in 9903.79.01; and patented pharmaceutical articles in 9903.04.60–9903.04.66.

So the test is whether the article is already being reported under one of those provisions, not whether it contains a covered metal. A steel article that fails the conditions of its 9903.82 heading is not carved out here either — it simply owes the country rate on top. The Section 232 side of that test has a page per heading on this site: 9903.82.02, 9903.82.04 and 9903.82.26 are the endpoints of the range the note names, and the Chapter 99 heading index lists all of them with their conditions.

9903.05.85 is an entry-filing deadline, not a grandfather clause

The in-transit heading reads, verbatim: Articles that (1) were loaded onto a vessel at the port of loading and in transit on the final mode of transit prior to entry into the United States before 12:01 a.m. eastern time on July 24, 2026; and (2) are entered for consumption, or withdrawn from warehouse for consumption, before 12:01 a.m. eastern time on July 28, 2026

Both conditions have to hold. Cargo that was properly afloat before 12:01 a.m. eastern time on July 24, 2026 but is entered for consumption, or withdrawn from warehouse for consumption, at or after 12:01 a.m. eastern time on July 28, 2026 loses the exception entirely and falls back to its origin’s country line. That makes the second condition an operational deadline for the entry team rather than a fact about the shipment, and it is the one condition in this band that expires rather than being amended.

Economy to country heading — the 65 lines in 9903.05.20–9903.05.84

EconomyCountry headingColumn 1 GeneralAlso displaced by
Algeria9903.05.20The duty provided in the applicable subheading + 12.5%
Angola9903.05.21The duty provided in the applicable subheading + 12.5%
Argentina9903.05.22The duty provided in the applicable subheading + 10%9903.06.10, 9903.06.11
Australia9903.05.23The duty provided in the applicable subheading + 12.5%
the Bahamas9903.05.24The duty provided in the applicable subheading + 12.5%
Bahrain9903.05.25The duty provided in the applicable subheading + 12.5%
Bangladesh9903.05.26The duty provided in the applicable subheading + 10%9903.06.12, 9903.06.13
Brazil9903.05.27The duty provided in the applicable subheading + 12.5%
Cambodia9903.05.28The duty provided in the applicable subheading + 10%9903.06.02, 9903.06.03
Canada9903.05.29The duty provided in the applicable subheading + 10%9903.05.93
Chile9903.05.30The duty provided in the applicable subheading + 12.5%
China9903.05.31The duty provided in the applicable subheading + 12.5%
Colombia9903.05.32The duty provided in the applicable subheading + 12.5%
Costa Rica9903.05.33The duty provided in the applicable subheading + 12.5%9903.05.95
Dominican Republic9903.05.34The duty provided in the applicable subheading + 12.5%9903.05.95
Ecuador9903.05.35The duty provided in the applicable subheading + 10%9903.06.18, 9903.06.19
Egypt9903.05.36The duty provided in the applicable subheading + 12.5%
El Salvador9903.05.37The duty provided in the applicable subheading + 10%9903.05.95, 9903.06.07, 9903.06.08, 9903.06.09
a member state of the European Union9903.05.38The duty provided in the applicable subheading9903.05.97
a member state of the European Union9903.05.3910%9903.05.97
Guatemala9903.05.40The duty provided in the applicable subheading + 10%9903.05.95, 9903.06.04, 9903.06.05, 9903.06.06
Guyana9903.05.41The duty provided in the applicable subheading + 12.5%
Honduras9903.05.42The duty provided in the applicable subheading + 10%9903.05.95
Hong Kong, China9903.05.43The duty provided in the applicable subheading + 12.5%
India9903.05.44The duty provided in the applicable subheading + 10%
Indonesia9903.05.45The duty provided in the applicable subheading + 10%9903.06.16, 9903.06.17
Iraq9903.05.46The duty provided in the applicable subheading + 12.5%
Israel9903.05.47The duty provided in the applicable subheading + 12.5%
Japan9903.05.48The duty provided in the applicable subheading
Japan9903.05.4912.5%
Jordan9903.05.50The duty provided in the applicable subheading + 10%9903.06.20, 9903.06.21
Kazakhstan9903.05.51The duty provided in the applicable subheading + 12.5%
Kuwait9903.05.52The duty provided in the applicable subheading + 12.5%
Libya9903.05.53The duty provided in the applicable subheading + 12.5%
Malaysia9903.05.54The duty provided in the applicable subheading + 10%9903.05.99, 9903.06.01
Mexico9903.05.55The duty provided in the applicable subheading + 10%9903.05.94
Morocco9903.05.56The duty provided in the applicable subheading + 12.5%
New Zealand9903.05.57The duty provided in the applicable subheading + 12.5%
Nicaragua9903.05.58The duty provided in the applicable subheading + 12.5%9903.05.95
Nigeria9903.05.59The duty provided in the applicable subheading + 12.5%
Norway9903.05.60The duty provided in the applicable subheading + 12.5%
Oman9903.05.61The duty provided in the applicable subheading + 12.5%
Pakistan9903.05.62The duty provided in the applicable subheading + 10%
Peru9903.05.63The duty provided in the applicable subheading + 12.5%
the Philippines9903.05.64The duty provided in the applicable subheading + 12.5%
Qatar9903.05.65The duty provided in the applicable subheading + 12.5%
Russia9903.05.66The duty provided in the applicable subheading + 12.5%
Saudi Arabia9903.05.67The duty provided in the applicable subheading + 12.5%
Singapore9903.05.68The duty provided in the applicable subheading + 12.5%
South Africa9903.05.69The duty provided in the applicable subheading + 12.5%
South Korea9903.05.70The duty provided in the applicable subheading
South Korea9903.05.7112.5%
Sri Lanka9903.05.72The duty provided in the applicable subheading + 10%
Switzerland9903.05.73The duty provided in the applicable subheading9903.05.98
Switzerland9903.05.7412.5%9903.05.98
Taiwan9903.05.75The duty provided in the applicable subheading9903.06.14, 9903.06.15
Taiwan9903.05.7610%9903.06.14, 9903.06.15
Thailand9903.05.77The duty provided in the applicable subheading + 12.5%
Trinidad and Tobago9903.05.78The duty provided in the applicable subheading + 10%
Türkiye9903.05.79The duty provided in the applicable subheading + 12.5%
the United Arab Emirates9903.05.80The duty provided in the applicable subheading + 12.5%
the United Kingdom9903.05.81The duty provided in the applicable subheading + 10%9903.05.96
Uruguay9903.05.82The duty provided in the applicable subheading + 12.5%
Venezuela9903.05.83The duty provided in the applicable subheading + 12.5%
Vietnam9903.05.84The duty provided in the applicable subheading + 12.5%

Every row is transcribed from the live USITC export for 2026 HTS Revision 15, read on 2026-08-08. All 65 lines are displaced by headings 9903.05.85–9903.05.92, so that block is stated once above rather than repeated per row; the last column carries only the carve-outs beyond it. Five economies carry two lines because their treatment is a total-rate cap, not a surcharge.

An economy is not on this list because of where it sits or what it trades — it is on it because U.S. note 52 names it. An origin absent from all 65 rows is outside this action entirely, which is a different answer from "exempt".

The five economies with two lines, and why the second one replaces rather than adds

Most country lines read “The duty provided in the applicable subheading + 10%” or “+ 12.5%” — an additional duty. Five do not. The European Union and Taiwan split across a 10 percent threshold, and Japan, South Korea and Switzerland across a 12.5 percent one. For each, the higher-numbered line covers goods whose Column 1 ad valorem (or ad valorem equivalent) rate is belowthe threshold and reads simply “10%” or “12.5%” with no “+”, which replaces the ordinary Column 1 rate instead of stacking on it. The lower-numbered line covers goods already at or above the threshold and adds nothing at all.

This is a total-rate cap expressed as two headings, and it has two consequences a rate table hides. The correct heading depends on the entry’s own ad valorem equivalent, so it is value-dependent for specific and compound rates rather than a fixed attribute of the product. And for goods below the threshold the ordinary rate is displaced — a model that adds the Chapter 99 figure to the Column 1 rate will overstate the duty on exactly those entries.

Economy-specific carve-outs — headings 9903.05.93 to 9903.06.21

HeadingOriginWhat it coversDisplaces
9903.05.93CanadaCanada goods entered free under USMCA9903.05.29
9903.05.94MexicoMexico goods entered free under USMCA9903.05.55
9903.05.95Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras or NicaraguaCAFTA-DR textile and apparel goods from six economies9903.05.33, 9903.05.34, 9903.05.37, 9903.05.40, 9903.05.42, 9903.05.58
9903.05.96the United KingdomUnited Kingdom articles listed in U.S. note 52(j)(1)9903.05.81
9903.05.97a member state of the European UnionEuropean Union articles listed in U.S. note 52(j)(2)9903.05.38, 9903.05.39
9903.05.98SwitzerlandSwitzerland articles listed in U.S. note 52(j)(3)9903.05.73, 9903.05.74
9903.05.99MalaysiaMalaysia articles listed in U.S. note 52(j)(4)(i)9903.05.54
9903.06.01MalaysiaMalaysia articles listed in U.S. note 52(j)(4)(ii)9903.05.54
9903.06.02CambodiaCambodia articles listed in U.S. note 52(j)(5)(i)9903.05.28
9903.06.03CambodiaCambodia articles listed in U.S. note 52(j)(5)(ii)9903.05.28
9903.06.04GuatemalaGuatemala articles listed in U.S. note 52(j)(6)(i)9903.05.40
9903.06.05GuatemalaGuatemala articles listed in U.S. note 52(j)(6)(ii)9903.05.40
9903.06.06GuatemalaGuatemala textile and apparel articles listed in U.S. note 52(j)(6)(iii)9903.05.40
9903.06.07El SalvadorEl Salvador articles listed in U.S. note 52(j)(7)(i)9903.05.37
9903.06.08El SalvadorEl Salvador articles listed in U.S. note 52(j)(7)(ii)9903.05.37
9903.06.09El SalvadorEl Salvador textile and apparel articles listed in U.S. note 52(j)(7)(iii)9903.05.37
9903.06.10ArgentinaArgentina articles listed in U.S. note 52(j)(8)(i)9903.05.22
9903.06.11ArgentinaArgentina articles listed in U.S. note 52(j)(8)(ii)9903.05.22
9903.06.12BangladeshBangladesh articles listed in U.S. note 52(j)(9)(i)9903.05.26
9903.06.13BangladeshBangladesh articles listed in U.S. note 52(j)(9)(ii)9903.05.26
9903.06.14TaiwanTaiwan articles listed in U.S. note 52(j)(10)(i)9903.05.75, 9903.05.76
9903.06.15TaiwanTaiwan articles listed in U.S. note 52(j)(10)(ii)9903.05.75, 9903.05.76
9903.06.16IndonesiaIndonesia articles listed in U.S. note 52(j)(11)(i)9903.05.45
9903.06.17IndonesiaIndonesia articles listed in U.S. note 52(j)(11)(ii)9903.05.45
9903.06.18EcuadorEcuador articles listed in U.S. note 52(j)(12)(i)9903.05.35
9903.06.19EcuadorEcuador articles listed in U.S. note 52(j)(12)(ii)9903.05.35
9903.06.20JordanJordan articles listed in U.S. note 52(j)(13)(i)9903.05.50
9903.06.21JordanJordan articles listed in U.S. note 52(j)(13)(ii)9903.05.50

28 headings, each scoped to named origins and each carving out specific country lines. The "Displaces" column is read from the U.S. note 52 text in the Chapter 99 schedule, not from the heading description, and every entry in it is cross-checked against the displaced line's own exception clause.

Most of these come in pairs — a (i) heading and a (ii) heading against the same country line — because the negotiated annex splits the exemption into two lists with different scope. Read the subdivision before choosing between them.

The separate Brazil action — headings 9903.05.01 to 9903.05.09

HeadingWhat it coversColumn 1 General
9903.05.01Residual Brazil line — every product of Brazil not routed to 9903.05.02–9903.05.09The duty provided in the applicable subheading + 25%
9903.05.02Brazil in-transit window: afloat before July 22, entered before July 29, 2026The duty provided in the applicable subheading
9903.05.03Brazil articles under U.S. note 50(a)(ii)The duty provided in the applicable subheading
9903.05.04Brazil articles under U.S. note 50(a)(iii)The duty provided in the applicable subheading
9903.05.05Brazil civil aircraft, engines, parts and ground flight simulatorsThe duty provided in the applicable subheading
9903.05.06Brazil articles for use in pharmaceutical applicationsThe duty provided in the applicable subheading
9903.05.07Brazil articles already covered by a Section 232 metals, vehicle, wood, pharmaceutical or semiconductor headingThe duty provided in the applicable subheading
9903.05.08Brazil humanitarian donationsThe duty provided in the applicable subheading
9903.05.09Brazil informational materialsThe duty provided in the applicable subheading

A different Section 301 action under a different legal note. 9903.05.01 carries the +25%; the other 8 headings are the routes out of it, each tied to a subdivision of U.S. note 50. Nothing in 9903.05.20–9903.06.21 changes how these are reported.

Brazil also appears at 9903.05.27 in the U.S. note 52 band. The two actions are separate and a Brazil-origin entry can be reached by both.

What this band cannot settle

It cannot settle the ordinary classification, and it cannot settle whether other Chapter 99 measures also apply. U.S. note 52 is explicit that goods reached by these headings remain subject to the general rates in Chapters 1–97 and, except where the note supplies an exemption, to any additional duty elsewhere in this subchapter or in subchapter IV. It also preserves antidumping, countervailing and other duties, taxes, fees and charges. A China-origin entry can therefore carry a country line from this band and a technology-transfer Section 301 heading from the 9903.88 range at the same time; the two are separate actions and neither substitutes for the other.

Chapter 98 treatment is mostly preserved, with a named exception: goods entered under 9802.00.40, 9802.00.50, 9802.00.60 or 9802.00.80 pay the additional duty on the value of the repairs, alterations, processing or foreign assembly, rather than escaping it.

Frequently asked questions

Which heading applies to products of Japan under 9903.05.85 to 9903.05.92?

Those eight headings are origin-neutral, so they apply to Japan-origin goods on exactly the same terms as to any other covered origin: 9903.05.85 is the in-transit window, 9903.05.86 and 9903.05.87 are the U.S. note 52(b) and 52(c) product lists, 9903.05.88 is civil aircraft, 9903.05.89 is pharmaceutical-use articles, 9903.05.90 is articles already covered by a Section 232 heading, 9903.05.91 is humanitarian donations, and 9903.05.92 is informational materials. If none of them reaches the entry, Japan falls to its own two lines: 9903.05.48 for goods whose Column 1 ad valorem (or ad valorem equivalent) rate is already 12.5 percent or more, which adds nothing, and 9903.05.49 for goods below that, where a flat 12.5 percent replaces the ordinary Column 1 rate.

Are 9903.05.86 and 9903.05.84 for different countries?

They are not two countries — they are two different KINDS of heading. 9903.05.84 is a country line: it names Vietnam and adds 12.5 percent to the ordinary rate. 9903.05.86 names no country at all; it covers articles classifiable in the provisions listed in subdivision (b) of U.S. note 52, and it displaces every country line including 9903.05.84. So a Vietnam-origin entry whose subheading is on the 52(b) list reports 9903.05.86 and owes no additional duty, while the same entry off that list reports 9903.05.84 and owes 12.5 percent.

Does 9903.05.31 exempt subheading 8524.91.9000?

The exemption is not in 9903.05.31 — that heading is China's country line and adds 12.5 percent. The route out is heading 9903.05.86, which covers the provisions listed in subdivision (b) of U.S. note 52. That list runs to 856 eight-digit provisions in the Chapter 99 notes for 2026 HTS Revision 15, and 8524.91.90 is one of them, alongside 8524.11.10, 8524.11.90, 8524.12.00, 8524.19.00, 8524.91.10, 8524.92.00 and 8524.99.00. So an entry properly classifiable in 8524.91.9000 reports 9903.05.86 rather than 9903.05.31 and owes no duty under this action. Read the note itself before filing — the list is amended by revision, and 9903.05.86 does not displace any other Chapter 99 measure the goods are subject to.

Are guitars covered by headings 9903.05.85 to 9903.05.92 for products of Australia?

Australia's country line is 9903.05.23, which adds 10 percent. The eight universal carve-outs do not reach musical instruments as a category: the U.S. note 52(b) list read on August 8, 2026 contains no Chapter 92 provision at all, and the sixteen particular articles in 52(c) are food, seed, religious-use and plywood items. So a guitar's only routes out of the Australia line are the ones that turn on circumstances rather than product class — the 9903.05.85 in-transit window, a humanitarian donation under 9903.05.91, or an informational-materials claim under 9903.05.92, none of which describes an ordinary commercial guitar shipment. Confirm the classification and the current note text before relying on this.

What is heading 9903.05.07?

It belongs to the Brazil action, not to the U.S. note 52 band. 9903.05.07 carves articles already covered by a Section 232 metals, vehicle, wood, patented-pharmaceutical or semiconductor provision out of the additional 25 percent that 9903.05.01 imposes on products of Brazil, under subdivision (a)(vi) of U.S. note 50. It is the Brazil-specific twin of 9903.05.90, which does the same job for the sixty-economy action.

Why does Canada's line list 9903.05.93 when other country lines stop at 9903.05.92?

Because Canada is the one origin whose exception clause was written to include its own negotiated carve-out. 9903.05.29 reads “Except for products described in headings 9903.05.85–9903.05.93”, one heading longer than the 9903.05.85–9903.05.92 the other lines carry, and 9903.05.93 exempts Canadian goods entered free of duty under USMCA. Mexico has the same substantive exemption at 9903.05.94, but its country line at 9903.05.55 names it separately rather than extending the range.

How many headings are in the 9903.05.01–9903.06.21 band?

110, as measured rather than assumed: an export request spanning 9903.05.01 to 9903.06.99 returned exactly 110 rows on Aug 8, 2026, ending at 9903.06.21. The band is not contiguous — there is no 9903.05.10 through 9903.05.19 — so the count is the export's own answer. USITC published four revisions in fourteen days during 2026, so re-run the export against the current release before treating it as fixed.

Where this fits

The action behind the 65-economy band is USTR imposes new Section 301 tariffs on 60 economies over forced-labor import bans, which carries the rate matrix and the effective dates. The separate Brazil action is USTR imposes an additional 25% Section 301 tariff on imports from Brazil. For the Chapter 99 headings that do have a page each — the Section 232 and Section 301 index — start at the index. To be told when this band changes, see China Section 301 alerts. For how a Chapter 99 overlay sits on top of the ordinary duty columns, see What should importers know about Section 301 tariffs?.

Sources verified for this band

Last verified: Aug 8, 2026. All 110 article descriptions and duty columns in the tables above were read from the live USITC export for 2026 HTS Revision 15 on that date, and the U.S. note 50 and 52 subdivisions from the Chapter 99 schedule for the same revision. USITC published four revisions in fourteen days during 2026, so confirm the controlling heading text, the cited subdivision, and your entry date in the official source before filing. Informational estimates only. Verify with a licensed customs broker, trade counsel, or CBP ruling before filing.