CSMS Message: 02-001052

Title:PUBLIC LAW 107-210 AND 484 COMMITTEE TARIFF CHANGES
Date:2002-08-16
To:abi
Links:previous, next

AUGUST 14, 2002

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: PUBLIC LAW 107-210 AND 484 COMMITTEE TARIFF CHANGES
FOR TUNA IN HTSUSA 1604.14.10, 1604.14.20, AND
1604.14.30

THIS MESSAGE IS TO TRANSMIT CHANGES TO THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES ANNOTATED (HTSUSA) ENACTED BY
PUBLIC LAW 107-210 AND THE 484(F) COMMITTEE.

SECTION 3106 OF PUBLIC LAW 107-210 AMENDED THE DESCRIPTION TO
1604.14.20 BY STRIKING OUT "20 PERCENT OF THE UNITED STATES PACK
OF CANNED TUNA" AND INSERTING "4.8 PERCENT OF APPARENT UNITED
STATES CONSUMPTION OF TUNA IN AIRTIGHT CONTAINERS". THE
SUBHEADING WAS REDESIGNATED AS SUBHEADING 1604.14.22. THE
EFFECTIVE DATE OF THIS CHANGE IS AUGUST 6, 2002.

SECTION 3101 (B)(4)(A) PROVIDES THAT "TUNA THAT IS HARVESTED BY
UNITED STATES VESSELS OR ATPDEA BENEFICIARY COUNTRY VESSELS,
THAT IS PREPARED OR PRESERVED IN ANY MANNER, IN A ATPDEA
BENEFICIARY COUNTRY, IN FOIL OR OTHER FLEXIBLE AIRTIGHT
CONTAINERS WEIGHING WITH THEIR CONTENTS NOT MORE THAN 6.8
KILOGRAMS EACH, AND THAT IS IMPORTED DIRECTLY INTO THE CUSTOMS
TERRITORY OF THE UNITED STATES FROM AN ATPDEA BENEFICIARY
COUNTRY, SHALL ENTER THE UNITED STATES FREE OF DUTY AND FREE OF
ANY QUANTITATIVE RESTRICTIONS."

THE 484(F) COMMITTEE HAS APPROVED THE FOLLOWING STATISTICAL
CHANGES TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
ANNOTATED (HTSUSA) TO IDENTIFY THE PRODUCTS DESCRIBED ABOVE.
THESE STATISTICAL CHANGES ARE EFFECTIVE AUGUST 6, 2002 AND WILL
BE REFLECTED IN THE NEXT ELECTRONIC EDITION OF THE HTSUSA
PUBLISHED BY THE U.S. INTERNATIONAL TRADE COMMISSION. UNTIL THE
NEXT PRINTED EDITION IS RELEASED, PLEASE ENSURE THAT THE
APPROPRIATE STAFF MAKES NOTATIONS OF THESE CHANGES TO THEIR
FILES.

IMPORTERS AND BROKERS ARE REMINDED OF THEIR MOD ACT
RESPONSIBILITY TO ENTER THE GOODS CORRECTLY AND SHOULD REVIEW
THE INFORMATION AVAILABLE AT THE TIME OF ENTRY SUMMARY TO ENSURE
IT IS SUFFICIENT TO PROPERLY DECLARE THE CORRECT STATISTICAL SUFFIX
AND AVOID UNNECESSARY REJECTIONS OR REVERIFICATIONS. INFORMATION
ON THE REQUIREMENTS FOR DUTY FREE ENTRY FROM ELIGIBLE
ANDEAN TRADE PROMOTION AND DRUG ERADICATION ACT (ATPDEA)
COUNTRIES WILL BE PROVIDED IN SUBSEQUENT MESSAGES.

TARIFF ITEM: TUNA
TARIFF PROVISIONS: 1604.14.10, 1604.14.22, AND 1604.14.30

THE APPROVED LANGUAGE OF THE NEW BREAKOUTS IS AS FOLLOWS:

1604.14 PREPARED OR PRESERVED FISH; CAVIAR AND CAVIAR
SUBSTITUTES PREPARED FROM FISH EGGS (CON):
FISH, WHOLE OR IN PIECES, BUT NOT MINCED (CON):
TUNAS, SKIPJACK AND BONITO (SARDA APP.):
TUNAS AND SKIPJACK:
IN AIRTIGHT CONTAINERS:

1604.14.10 IN OIL......

10 IN FOIL OR OTHER FLEXIBLE
CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE
THAN 6.8 KG EACH .......KG

90 OTHER .......................................KG

NOT IN OIL

1604.14.22 IN CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT OVER 7 KG
EACH, AND NOT THE PRODUCT OF
ANY INSULAR POSSESSION OF THE
UNITED STATES, FOR AN AGGREGATE
QUANTITY ENTERED IN ANY CALENDAR
YEAR NOT TO EXCEED 4.8 PERCENT
OF APPARENT UNITED STATES
CONSUMPTION OF TUNA IN AIRTIGHT
CONTAINERS DURING THE IMMEDIATELY
PRECEDING YEAR, AS REPORTED BY
THE NATIONAL MARINE
FISHERIES SERVICE ..........................
- 3 -

ALBACORE (THUNNAS ALALUNGA):

51 IN FOIL OR OTHER FLEXIBLE
CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE
THAN 6.8 KG EACH .......KG

59 OTHER .............................KG

OTHER:

91 IN FOIL OR OTHER FLEXIBLE
CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE
THAN 6.8 KG EACH .......KG

99 OTHER .............................KG

1604.14.30 OTHER ...

ALBACORE (THUNNAS ALALUNGA):

51 IN FOIL OR OTHER FLEXIBLE
CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE
THAN 6.8 KG EACH .......KG

59 OTHER .............................KG

OTHER:

91 IN FOIL OR OTHER FLEXIBLE
CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE
THAN 6.8 KG EACH .......KG

99 OTHER .............................KG

IMPORTERS AND FILERS SHOULD NOTE THAT THE TARIFF RATE QUOTA FOR
TUNA, IN AIRTIGHT CONTAINERS, NOT IN OIL, FOR THIS YEAR, HAS
CLOSED. ACCORDINGLY, ALL TUNA, IN AIRTIGHT CONTAINERS, NOT IN
OIL, PACKAGED IN FOIL OR OTHER FLEXIBLE CONTAINERS WEIGHING WITH
THEIR CONTENTS NOT MORE THAN 6.8 KG EACH, SHOULD BE ENTERED
UNDER 1604.14.3051 OR 1604.14.3091, IN ACCORDANCE WITH THE TYPE
OF TUNA. THE CUSTOMS ENTRY TYPE CODE USED SHOULD BE 02.

THE NEW HTSUSA NUMBERS DO NOT CHANGE THE ENTRY REQUIREMENTS FOR
SHIPMENTS OF TUNA. THE NATIONAL MARINE FISHERIES CERTIFICATE OF
ORIGIN (NOAA FORM 370) IS STILL REQUIRED FOR RELEASE.

PLEASE PASS TO ALL PORT DIRECTORS, ASSISTANT PORT DIRECTORS,
TRADE OPERATIONS, IMPORT SPECIALISTS, ENTRY SPECIALISTS, PORT
ACCOUNT MANAGERS, IMPORTERS, BROKERS AND OTHER USERS OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ANNOTATED
(HTSUSA).

QUESTIONS REGARDING ELIGIBILITY UNDER ATPDEA SHOULD BE DIRECTED
TO RICHARD WALLIO, TRADE AGREEMENTS BRANCH, AT (202) 927-9704.
QUESTIONS REGARDING THIS NOTICE SHOULD BE DIRECTED TO YVONNE
TOMENGA, OTHER GOVERNMENT AGENCIES BRANCH, TRADE PROGRAMS AT
(202) 927-0370.

/S/

ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS
DIRECTOR, CLIENT REPRESENTATIVES
DIRECTOR, NATIONAL COMMODITY SPECIALIST DIVISION
DIRECTOR, NATIONAL ANALYSIS SPECIALIST DIVISION
CHIEF, ACCOUNT MANAGEMENT
CHIEF, BROKER MANAGEMENT
CHIEF, QUOTA