| Title: | ANDEAN TRADE DEFERRAL OF PAYMENT |
|---|---|
| Date: | 2002-02-19 |
| To: | abi |
| Links: | previous, next |
FEBRUARY 15, 2002
APP-7:FO:TP:IA:TA LH
TO : DIRECTORS, FIELD OPERATIONS
FROM : EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
SUBJECT: DEFERRAL OF DUTY PAYMENT FOR MERCHANDISE PREVIOUSLY
ELIGIBLE FOR DUTY-FREE TREATMENT UNDER THE ANDEAN TRADE
PREFERENCE ACT (ATPA) (TC# TP 02-0776)
ON FEBRUARY 15, 2002, CUSTOMS PUBLISHED A TEMPORARY RULE,
(19 CFR 141.102(E)), WITH IMMEDIATE EFFECT, IN THE FEDERAL REGISTER
(67 FR 7070). THIS TEMPORARY RULE GIVES IMPORTERS OF MERCHANDISE
THAT FORMERLY QUALIFIED FOR DUTY-FREE TREATMENT UNDER THE ATPA THE
OPTION OF NOT DEPOSITING ESTIMATED DUTIES AND FEES UNTIL MAY 16, 2002.
THE FOLLOWING PROCEDURES WILL APPLY TO ENTRIES OF MERCHANDISE ON WHICH
THIS OPTION IS BEING EXERCISED:
* ENTRY AND ENTRY SUMMARY INFORMATION MAY NOT BE FILED ELECTRONICALLY.
* SUCH ENTRIES AND ENTRY SUMMARIES MAY NOT INCLUDE LINES FOR WHICH
THIS OPTION IS NOT BEING EXERCISED. THIS IS TO PREVENT THE USE OF
THIS PROVISION TO DEFER PAYMENTS ON MERCHANDISE THAT DOES NOT
QUALIFY.
* PAPER ENTRY SUMMARIES ARE REQUIRED WITHIN THE NORMAL 10 BUSINESS DAY
PERIOD.
* THE 90-DAY PERIOD IS FROM FEBRUARY 15 TO MAY 16, 2002, AND APPLIES TO
AN ENTRY OR WITHDRAWAL FROM WAREHOUSE, FOR CONSUMPTION, MADE BETWEEN
THOSE DATES ONLY. FOR EXAMPLE, AN IMPORTER ENTERING QUALIFYING
MERCHANDISE ON MARCH 17, 2002, WILL BE ABLE TO DEFER DUTY TO MAY 16.
ENTRIES FILED FROM MAY 3 TO MAY 16, 2002 WOULD HAVE THE NORMAL 10
BUSINESS DAY PERIOD TO SUBMIT SUMMARY AND PAYMENT.
* THE ATPA DID NOT PROVIDE AN EXEMPTION FROM PAYMENT OF THE MERCHANDISE
PROCESSING FEE (MPF). HOWEVER, THE TEMPORARY RULE PERMITS DEFERRAL
OF THE PAYMENT OF FEES AS WELL AS DUTIES, THUS PRECLUDING THE NEED
FOR A SECOND COLLECTION ON AN ENTRY. IMPORTERS WILL NOT BE REQUIRED
TO PAY THE MPF UNTIL SUCH TIME AS THEY DEPOSIT ESTIMATED DUTIES.
SIMILARLY, THE IMPORTERS WILL NOT BE REQUIRED TO PAY THE HARBOR
MAINTENANCE FEE (HMF) UNTIL THEY DEPOSIT ESTIMATED DUTIES.
* IF CONGRESS RENEWS THE ATPA RETROACTIVELY WITHIN THE 90-DAY PERIOD,
QUALIFYING MERCHANDISE WILL REVERT TO DUTY-FREE STATUS, AND NO
ESTIMATED DUTIES WILL HAVE TO BE PAID. MPF AND HMF WILL HAVE TO BE
PAID.
ACTION:
EFFECTIVE IMMEDIATELY, IMPORTERS MAY EXERCISE THEIR OPTION TO DEFER THE
PAYMENT OF ESTIMATED DUTIES AND FEES FOR ENTRIES OF MERCHANDISE THAT
PREVIOUSLY QUALIFIED FOR DUTY-FREE TREATMENT UNDER THE ATPA. THIS
OPTION APPLIES ONLY TO MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER FEBRUARY 15, 2002. THE ABOVE PROCEDURES
MUST BE FOLLOWED.
CUSTOMS FIELD LOCATIONS ARE TO INPUT THE 7501 HEADER INFORMATION, PLACE
THE ENTRIES IN HOLDING CODE 06 AND HOLD ENTRIES OF SUCH MERCHANDISE
UNTIL MAY 16, 2002, AT WHICH TIME THEY ARE TO REQUIRE THE PAYMENT OF ALL
APPLICABLE DUTIES AND FEES. IF THE ATPA IS RENEWED, CUSTOMS
HEADQUARTERS WILL NOTIFY FIELD LOCATIONS AND THE IMPORTING COMMUNITY OF
SUCH RENEWAL AND SUBSEQUENT ACTIONS TO BE TAKEN.
THIS NOTICE SHOULD BE DISTRIBUTED TO ALL PORT DIRECTORS; ASSISTANT PORT
DIRECTORS, TRADE; IMPORT AND ENTRY SPECIALISTS; BROKERS; IMPORTERS AND
OTHER INTERESTED PARTIES.
QUESTIONS FROM THE IMPORTING COMMUNITY CONCERNING THIS NOTICE SHOULD BE
REFERRED TO THEIR LOCAL CUSTOMS PORT OF ENTRY. THE CUSTOMS PORT MAY
REFER QUESTIONS TO RICHARD WALLIO, TRADE AGREEMENTS BRANCH, AT
(202) 927-9704, OR VIA E-MAIL.
/SIGNED/
ELIZABETH G. DURANT
CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS