CSMS Message: 00-000015

TO: ALL DIRECTORS FIELD OPERATIONS, PORT DIRECTORS
ASSISTANT PORT DIRECTORS TRADE OPERATIONS

FROM: DIRECTOR, TRADE PROGRAMS

PASS TO: IMPORT SPECIALISTS, ENTRY SPECIALISTS, INSPECTORS
AND OTHER INTERESTED PARTIES SUCH AS BROKERS AND
IMPORTERS
SUBJECT: RENEWAL OF THE GENERALIZED SYSTEM OF PREFERENCES

EFFECTIVE DECEMBER 17, 1999, SECTION 505(A) OF THE TRADE ACT
OF 1974 (19 U.S.C. 2465) WAS AMENDED BY STRIKING "JUNE 30,
1999" AND INSERTING "SEPTEMBER 30, 2001". ACCORDINGLY,
GOODS ENTERED ON OR AFTER DECEMBER 17, 1999, ARE ENTITLED
TO BE ENTERED DUTY-FREE, PROVIDED THEY MEET THE REQUIREMENTS
OF THE GENERALIZED SYSTEM OF PREFERENCES (GSP). REPPROGRAMMING
OF CUSTOMS AUTOMATED COMMERCIAL SYSTEM (ACS) TO ACCEPT
DUTY-FREE ENTRY SUMMARIES USING THE SPECIAL PROGRAM
INDICATOR (SPI) "A" HAS BEEN COMPLETED.

ON DECEMBER 17, 1999, PRESIDENT CLINTON SIGNED INTO LAW THE
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999.
TITLE V, SUBTITLE A, SECTION 598, "EXTENSION OF DUTY-FREE
TREATMENT UNDER GENERALIZED SYSTEM OF PREFERENCES",
PROVIDES FOR THE RENEWAL OF THE GSP THROUGH SEPTEMBER
30, 2001, AS WELL AS FOR THE REFUND OF ALL DUTIES PAID
ON GSP-ELIGIBLE MERCHANDISE THAT WAS ENTERED WHILE
THE PROGRAM WAS LAPSED.

THE ENTRY OF ANY ARTICLE TO WHICH DUTY-FREE TREATMENT UNDER TITLE
V OF THE TRADE ACT OF 1974 WOULD HAVE APPLIED IF THE ENTRY
HAD BEEN MADE ON OR BEFORE JULY 1,1999, AND SUCH TITLE
HAD BEEN IN EFFECT ON JULY 1, 1999, AND THAT WAS MADE
AFTER JUNE 30, 1999, AND BEFORE THE DATE OF THE ENACTMENT
OF THIS ACT, SHALL BE LIQUIDATED OR RELIQUIDATED AS FREE
OF DUTY, AND CUSTOMS SHALL REFUND ANY DUTY PAID WITH RESPECT
TO SUCH ENTRY.

NOTE: REFUNDS WILL ONLY BE ISSUED FOR THOSE GOODS ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE
PERIOD THE GSP WAS LAPSED THAT WERE ELIGIBLE FOR DUTY-FREE
TREATMENT UNDER THE PROGRAM PIROR TO ITS EXPIRATION.

ACTION:

1. EFFECTIVE DECEMBER 17, 1999, THE AMENDMENTS MADE BYTHE
SUBTITLE APPLY TO ARTICLES ENTERED OR WITHDRAWN FROM WAREHOUSE
FOR CONSUMPTION ON OR AFTER DECEMBER 17, 1999.

2. THE DUTY RATE OF "FREE", APPLICABLE TO MERCHANDISE QUALIFYING
FOR GSP, SHALL BE EFFECTIVE DECEMBER 17, 1999. FILERS SHALL
BE ENTITLED TO FILE GSP-ELIGIBLE ENTRY SUMMARIES WITHOUT THE
PAYMENT OF DUTY FOR SHIPMENTS ENTERED OR WITHDRAWN FROM
DECEMBER 17, 1999.

3. CUSTOMS WILL BEGIN PROCESSING THOSE ENTRIES FILED VIA THE
AUTOMATED BROKER INTERFACE (ABI) WITH THE SPECIAL PROGRAM
INDICATOR (SPI) "A" FOR REFUND OF DUTIES DEPOSITED FOR
GSP-ELIGIBLE GOODS DURING THE PERIOD THE PROGRAM WAS
LAPSED, EFFECTIVE JANUARY 7, 2000.

NOTE: IMPORTERS WHO FILED THEIR ENTRIES VIA ABI WITH THE
"A" SHOULD RECEIVE THEIR REFUND(S) OF DUTIES DEPOSITED
WITHIN EIGHT TO 10 WEEKS FROM THE DATE OF PROCESSING.
IMPORTERS ARE ADVISED TO CONTACT THE APPROPRIATE
CUSTOMS PORT OF ENTRY AND INQUIRE ABOUT THE STATUS OF
THE REFUND(S) IF NOT RECEIVED WITHIN THE SPECIFIED PERIOD
OF TIME NOTED.

4. THE FOLLOWING IRS INTEREST RATES WILL BE USED IN CALCULATING
INTEREST ON REFUNDS OF CUSTOMS DUTIES:

JULY 1, 1999 - DECEMBER 17, 1999 7.0% (CORPORATE) 8.0% (NON
CORPORATE)

5. INTEREST SHALL BE PAID ON ALL REFUNDS FROM THE DATE THE DUTIES
WERE DEPOSITED.

6. FORMAL ENTRY REFUNDS

FILERS WHO USED THE SPI "A" ON ENTRY SUMMARIES FILED VIA
ABI NEED TAKE NO FURTHER ACTION AT THIS TIME. CUSTOMS HEADQUARTERS
WILL AUTOMATICALLY BEGIN PROCESSING REFUNDS FOR ENTRY SUMMARIES
LIQUIDATED, OR SCHEDULED TO LIQUIDATE, AS "NO CHANGE" ON
ON JANUARY 7, 2000.

GSP REFUNDS FOR ALL OTHER ENTRY SUMMARIES (E.G., WAREHOUSE
WITHDRAWALS, "CHANGE" LIQUIDATIONS, RELIQUIDATIONS, SUSPENDED
ENTRY SUMMARIES) WILL BE PROCESSED IN ACCORDANCE WITH NORMAL
LIQUIDATION PROCEDURES.

ABI FILERS WHO ELECTED TO TRANSMIT THEIR ENTRIES VIA ABI WITHOUT
THE SPI "A" AND NON-ABI FILERS, REGARDLESS OF THEIR USE OF THE
SPI "A", MUST REQUEST A REFUND IN WRITING FROM THE PORT DIRECTOR
AT THE PORT OF ENTRY ON OR BEFORE JUNE 13, 2000 (180 DAYS AFTER
THE DATE OF ENACTMENT OF THIS ACT). FAILURE TO REQUEST A REFUND
IN A TIMELY MANNER WILL NOT BE GROUNDS TO FILE A PROTEST. A
SEPARATE LETTER MAY BE PREPARED FOR EACH ENTRY SUMMARY, EACH
IMPORTER, OR FOR ALL ENTRY SUMMARIES FILED BY AN INDIVIDUAL
FILER AT A SINGLE PORT. TO EXPEDITE REFUNDS, CUSTOMS RECOMMENDS
THE FOLLOWING BE INCLUDED IN EACH LETTER:

A. A STATEMENT THAT THE LETTER IS A REQUEST FOR A REFUND
AS PROVIDED UNDER THE "TICKET TO WORK AND WORK INCENTIVES
IMPROVEMENT ACT OF 1999", TITLE V, SUBTITLE A, SECTION
508, "EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED
SYSTEM OF PREFERENCES", (B)(3) "REQUESTS";

B. THE ENTRY NUMBERS AND LINE ITEMS FOR WHICH REFUNDS ARE
BEING REQUESTED; AND

C. THE AMOUNT TO BE REFUNDED FOR EACH LINE ITEM, AND WHERE
MULTIPLE ENTRIES ARE INVOLVED, THE TOTAL AMOUNT OWED FOR
ALL ENTRY SUMMARIES.

7. ABI INFORMAL ENTRY REFUNDS

REFUNDS ON INFORMAL ENTRIES FILED VIA ABI ON A CUSTOMS FORM
7501, UTILIZING THE SPI "A" INDICATOR, WILL BE PROCESSED IN
ACCORDANCE WITH THE PROCEDURES OUTLINED IN 6. ABOVE.

8. BAGGAGE DECLARATIONS AND NON-ABI INFORMAL REFUNDS

IF TRAVELERS/IMPORTERS WROTE A STATEMENT DIRECTLY ON THEIR
CUSTOMS DECLARATIONS (CF 6059B) OR INFORMAL ENTRY (CF 363 OR
CF 7501), INDICATING THEIR DESIRE FOR A REFUND, NO FURTHER
ACTION TO OBTAIN A REFUND WILL BE REQUIRED. IF NO SUCH
STATEMENT WAS MADE, TRAVELERS/IMPORTERS MUST MAKE A TIMELY
REQUEST AS DESCRIBED IN 6. ABOVE FOR NON-ABI FILERS.

9. MAIL ENTRY REFUNDS

ADDRESEES MAY SUBMIT A CLAIM REQUESTING A REFUND OF GSP DUTIES
ALONG WITH A COPY OF THE CF 3419A TO THE APPROPRIATE INTERNATIONAL
MAIL BRANCH (ADDRESS LISTED ON BOTTOM RIGHT CORNER OF THE CF 3419A).
IT IS ESSENTIAL THAT A COPY OF THE CF 3419A BE INCLUDED, AS THIS
WILL BE THE ONLY METHOD OF IDENTIFYING THE ELIGIBLE GSP PRODUCTS
AND ENSURING THAT DUTIES AND FEES HAVE BEEN PAID.

CONTACTS:

FOR GENERAL OPERATIONAL QUESTIONS:

FORMAL ENTRIES: LEON HAYWARD (202) 927-9704
INFORMAL ENTRIES: JOHN CONSIDINE (202) 927-0042
MAIL ENTRIES: ROBERT WOODS, (202) 927-1236
PASSENGER CLAIMS: WES WINDLE (202) 927-0167

FOR SPECIFIC QUESTIONS RELATED TO ABI PROCESSING:

JAMES HALPIN, OFFICE OF INFORMATION AND TECHNOLOGY, (703) 921-7128

QUESTIONS FROM FILERS REGARDING ABI TRANSMISSIONS SHOULD BE DIRECTED
TO THEIR ABI CLIENT REPRESENTATIVES. PERSONS WITH OTHER QUESTIONS
REGARDING THIS NOTICE MAY CONTACT LEON HAYWARD, TRADE AGREEMENTS
BRANCH, AT (202) 927-9704.

SIGNED/ ELIZABETH G. DURANT