CSMS Message: 01-000738

TO: IMPORTERS, BROKERS, AND OTHER INTERESTED PARTIES

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: TERMINATION OF MODIFIED RATES OF DUTY IN THE
EU-BANANA REGIME CASE

PURPOSE:

AS AUTHORIZED BY SECTIONS 301 AND 307 OF THE TRADE ACT OF 1974,
THE UNITED STATES TRADE REPRESENTATIVE (USTR) HAS TERMINATED
MODIFICATIONS TO THE RATES OF DUTY ON DESIGNATED PRODUCTS FROM
CERTAIN MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES (EC). (SEE
THE FEDERAL REGISTER OF FRIDAY, JULY 6, 2001, AT PAGE 35689.)
THIS MEMORANDUM IS TO TRANSMIT THOSE CHANGES.

PROCEDURES:

1. EFFECTIVE WITH RESPECT TO MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JULY 1, 2001, THE
IMPOSITION OF 100 PERCENT AD VALOREM TARIFFS AS PROVIDED IN
SUBHEADINGS 9903.08.04 (AFFECTING ARTICLES IN SUBHEADING 3307.
30.50), 9903.08.07 (AFFECTING ARTICLES IN SUBHEADING 4202.22.15),
9903.08.08 (AFFECTING ARTICLES IN SUBHEADING 4202.32.10), 9903.
08.09 (AFFECTING ARTICLES IN SUBHEADING 4805.50), 9903.08.10
(AFFECTING ARTICLES IN SUBHEADING 4819.20), 9903.08.13 (AFFECTING
ARTICLES IN SUBHEADING 6302.21.90), 9903.08.14 (AFFECTING ARTICLES
IN SUBHEADING 8507.20.80), AND 9903.08.15 (AFFECTING ARTICLES IN
SUBHEADING 8516.71) OF THE HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES (HTS) IS TERMINATED.

- IMPORTERS AND FILERS ARE REMINDED OF THEIR MODERNIZATION ACT
RESPONSIBILITY TO ENTER GOODS CORRECTLY. QUESTIONS ON THE
APPLICABLE RATE OF DUTY SHOULD BE ADDRESSED TO THE LOCAL IMPORT
SPECIALIST TEAMS.

2. EFFECTIVE WITH RESPECT TO MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MARCH 3, 1999, THE
IMPOSITION OF 100 PERCENT AD VALOREM TARIFFS AS PROVIDED IN
SUBHEADING 9903.08.11 (AFFECTING ARTICLES IN SUBHEADING 4911.
91.20 (LITHOGRAPHS)) OF THE HTS IS TERMINATED. THIS TERMINATION
SHALL APPLY TO ALL MERCHANDISE CLASSIFIABLE UNDER SUBHEADING
9903.08.11 OF THE HTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER MARCH 3, 1999, FOR WHICH UNLIQUIDATED
ENTRIES OR ENTRIES SUBJECT TO TIMELY PROTEST ARE PENDING BEFORE
THE UNITED STATES CUSTOMS SERVICE.

3. EFFECTIVE JULY 1, 2001, THE INSTRUCTION IN THE NOTICE OF
APRIL 19, 1999, 64 FR 19209, THAT "ANY MERCHANDISE SUBJECT TO THIS
DETERMINATION THAT IS ADMITTED TO THE U.S. FOREIGN-TRADE ZONES ON
OR AFTER APRIL 19, 1999 MUST BE ADMITTED AS 'PRIVILEGED FOREIGN
STATUS' AS DEFINED IN 19 CFR 146.41" IS TERMINATED.

QUESTIONS:

A COPY OF THIS MESSAGE IS AVAILABLE TO THE PUBLIC ON THE CUSTOMS
WEBSITE AT WWW.CUSTOMS.TREAS.GOV IN THE CUSTOMS ELECTRONIC
BULLETIN BOARD (CEBB), TRADE MANAGEMENT.

QUESTIONS FROM THE MEDIA SHOULD BE DIRECTED TO THE OFFICE OF PUBLIC
AFFAIRS AT (202) 927-1770 FROM 7:30AM THROUGH 7:00PM EASTERN TIME.

QUESTIONS ON THE APPLICABLE RATE OF DUTY, PROCEDURES FOR REFUNDS,
AND AMENDMENT OF PROTESTS BY BROKERS, IMPORTERS, AND THE PUBLIC
SHOULD BE ADDRESSED TO THEIR LOCAL IMPORT SPECIALIST TEAMS.

ANY QUESTIONS CONCERNING THE CLASSIFICATION OF THE ABOVE
MERCHANDISE SHOULD BE DIRECTED TO THE OFFICE OF REGULATIONS AND
RULINGS AT (202) 927-2244.

CUSTOMS PERSONNEL QUESTIONS ON THE APPLICABLE RATE OF DUTY,
PROCEDURES FOR REFUNDS, AND AMENDMENT OF PROTESTS SHOULD BE
DIRECTED TO SUMMARY MANAGEMENT, TRADE PROGRAMS, OFO AT (202)
927-4342.

ANY OTHER QUESTIONS ON THESE INSTRUCTIONS SHOULD BE ADDRESSED
TO PAUL SCHWARTZ, TRADE PROGRAMS, OFO AT (202) 927-0370.

ELIZABETH C. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS