| Title: | CLARIFICATION ON THE EXPIRATION OF ATPA |
|---|---|
| Date: | 2002-01-02 |
| To: | abi |
| Links: | previous, next |
DECEMBER 28, 2001
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
SUBJECT: CLARIFICATION ON THE EXPIRATION OF THE ANDEAN TRADE
PREFERENCE ACT (ATPA) (TC# TP 02-0552)
ON DECEMBER 4, 2001, THIS OFFICE ISSUED A MEMORANDUM ENTITLED,
"EXPIRATION OF THE ANDEAN TRADE PREFERENCE ACT," WHICH WAS DISTRIBUTED
UNDER TC# TP 02-0402. THE MEMORANDUM STATED THAT PREFERENTIAL TARIFF
TREATMENT WOULD NOT APPLY TO MERCHANDISE PREVIOUSLY ELIGIBLE FOR SUCH
TREATMENT UNDER THE PROVISIONS OF THE ATPA, IF IT WAS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER DECEMBER 5, 2001.
(SEE ADMINISTRATIVE MESSAGE 01-1341)
IT HAS BEEN BROUGHT TO CUSTOMS ATTENTION THAT THE EXPIRATION CLAUSE OF
THE ATPA REFERS ONLY TO "DUTY-FREE TREATMENT."
CERTAIN HANDBAGS, LUGGAGE, FLAT GOODS, WORK GLOVES AND LEATHER WEARING
APPAREL ARE ELIGIBLE FOR REDUCED DUTY TREATMENT UNDER THE ATPA. BECAUSE
THE LANGUAGE IN ATPA'S EXPIRATION CLAUSE REFERS ONLY TO DUTY-FREE
TREATMENT, REDUCED DUTY RATES ON THESE ARTICLES STILL APPLY.
THE AUTOMATED COMMERCIAL SYSTEM IS NO LONGER PROGRAMMED TO ACCEPT CLAIMS
MADE USING THE "J" SPECIAL PROGRAM INDICATOR.
ACTION:
IMPORTERS MAY CONTINUE TO MAKE CLAIMS FOR REDUCED DUTY TREATMENT ON THE
ARTICLES MENTIONED ABOVE, IF SUCH ARTICLES MEET THE REQUIREMENTS FOR
RECEIVING SUCH TREATMENT UNDER THE PROVISION OF THE ATPA.
CLAIMS FOR REDUCED DUTY TREATMENT MUST BE MADE BY FILING NON-ABI ENTRY
SUMMARIES FOR THE ELIGIBLE ARTICLES. THE CLAIM IS TO BE IDENTIFIED BY
PLACING THE "J" SPECIAL PROGRAM INDICATOR IN FRONT OF THE HARMONIZED
TARIFF SCHEDULE ITEM NUMBER FOR WHICH THE CLAIM IS BEING MADE, AND BY
PLACING THE APPROPRIATE REDUCED DUTY RATE IN THE APPROPRIATE COLUMN OF
THE CF 7501.
IMPORTERS OR THEIR AGENTS MAY AVAIL THEMSELVES OF ALL AVAILABLE
POST-ENTRY PROCEDURES, WITH THE EXCEPTION OF NAFTA 520(D) CLAIMS, TO
RECEIVE A REFUND OF DUTIES PAID IN EXCESS OF THE ATPA REDUCED DUTY RATE,
FOR ELIGIBLE ARTICLES THAT WERE ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION, ON OR AFTER DECEMBER 5, 2001.
COPIES OF THIS MEMORANDUM SHOULD BE MADE AVAILABLE TO PORT DIRECTORS;
ASSISTANT PORT DIRECTORS, TRADE; IMPORT AND ENTRY SPECIALIST; INSPECTORS
BROKERS; IMPORTERS AND OTHER INTERESTED PARTIES.
QUESTIONS FROM THE IMPORTING COMMUNITY REGARDING THIS NOTICE SHOULD BE
REFERRED TO THEIR LOCAL CUSTOMS PORT. THE CUSTOMS PORT MAY CONTACT
ARLENE LUGO, TRADE AGREEMENT BRANCH, AT (202) 927-4183, OR VIA E-MAIL.
/SIGNED/
ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS