CSMS Message: 03-000324

ON DECEMBER 31, 2002, THE DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE
ADMINISTRATION PUBLISHED THE FINAL RULE IN THE FEDERAL REGISTER
REGARDING THE STEEL LICENSE AND SURGE MONITORING PROGRAM AS REQUIRED BY
THE MARCH 5, 2002 PRESIDENTIAL PROCLAMATION. AS OUTLINED IN THAT
NOTICE, A LICENSE WILL BE REQUIRED FOR ALL IMPORTS OF STEEL SUBJECT TO
THE 201 EFFECTIVE FEBRUARY 1, 2003. CUSTOMS IS RESPONSIBLE FOR THE
COLLECTION OF THAT LICENSE.

THE FOLLOWING INTERIM GUIDELINES ARE IN REFERENCE TO THE COLLECTION OF
THE LICENSE INFORMATION REQUIRED BY THE DEPARTMENT OF COMMERCE.

THE NEW CUSTOMS REGULATIONS (19 CFR 12.145) REGARDING THE COLLECTION OF
STEEL LICENSE NUMBERS HAS NOT BEEN PUBLISHED AS OF THE DATE OF THIS
MESSAGE. REGARDLESS, ALL FILER/IMPORTERS ARE REQUIRED BY DEPARTMENT OF
OF COMMERCE REGULATIONS TO OBTAIN A LICENSE FOR ALL SUBJECT STEEL
IMPORTS. IF THE FILER IS UNWILLING TO SUBMIT THE LICENSE NUMBER AT THIS
TIME, THE ENTRY WILL HAVE TO BE FILED NON-ABI. ONCE THE NEW REGULATIONS
ARE PUBLISHED, ANY ENTRY FILED WITHOUT THE REQUISITE LICENSE NUMBER WILL
BE SUBJECT TO LIQUIDATED DAMAGES PENALTIES. IN ADDITION, ANY ENTRY
SUMMARIES FILED THAT DO NOT MEET CURRENT DEPARTMENT OF COMMERCE
REGULATIONS MAY ALSO BE SUBJECT TO LIQUIDATED DAMAGES PENALTIES. AN
ADDITIONAL ADMINISTRATIVE MESSAGE WILL BE ISSUED ONCE THE NEW
REGULATIONS GO INTO EFFECT.

FOR ABI ENTRIES, THE FILER/IMPORTER WILL BE RESPONSIBLE FOR SUBMITTING
A LICENSE NUMBER IN ACCORDANCE WITH ADMINISTRATIVE MESSAGES 02-0910 AND
03-0038. THAT LICENSE NUMBER WILL APPEAR IN BOX 34 ON THE CF7501 AS
WELL AS ON THE LNL SCREEN IN ACS. IF A FILER ATTEMPTS TO TRANSMIT AN
ENTRY FOR GOODS CLASSIFIED IN SUBJECT HTS NUMBERS FROM CHAPTERS 72 OR 73
REGARDLESS OF VALUE WITHOUT THE LICENSE NUMBER, THEY WILL RECEIVE A
REJECT MESSAGE THROUGH ABI.

THE FILER WILL THEN HAVE TO OBTAIN A LICENSE IN ACCORDANCE WITH THE
DEPART OF COMMERCE POLICY AND RE-TRANSMIT THE ENTRY WITH THE APPROPRIATE
LICENSE. CUSTOMS IS ONLY RESPONSIBLE FOR THE COLLECTION OF THE LICENSE
NUMBER.

FOR NON-ABI ENTRIES, THE FILER/IMPORTER WILL BE RESPONSIBLE FOR PRINTING
THE LICENSE NUMBER ON THE CF7501 IN BLOCK 34 PRIOR TO SUBMISSION TO
CUSTOMS. THE IMPORT SPECIALIST WILL BE RESPONSIBLE FOR REVIEWING THE CF
7501 FOR THE REQUIRED INFORMATION. IF THE ENTRY IS SUBMITTED WITHOUT
THE REQUIRED LICENSE NUMBER, THE IMPORT SPECIALIST CANNOT REJECT THE
ENTRY UNTIL FINAL REGULATIONS ARE PUBLISHED. IF WE FIND LATER THAT THE
IMPORTER/FILER DID NOT POSSESS A LICENSE AS REQUIRED BY COMMERCE
REGULATIONS, THEN A LIQUIDATED DAMAGES PENALTY FOR FAILURE TO COMPLY
WITH THE REQUIREMENT.

INFORMAL, TIB AND WAREHOUSE ENTRIES WILL NOT REQUIRE A LICENSE. REFER
TO 19 CFR 143.21 FOR LIMITATIONS ON INFORMAL ENTRY AMOUNTS, GENERALLY
$250 IF A CHAPTER 99 HTS IS REQUIRED OR $2000 IF NOT. FTZ ENTRIES ARE
ALSO REQUIRED TO HAVE THE LICENSE NUMBER PRINTED OR WRITTEN ON THE
CF214. PLEASE PASS THIS MEMORANDUM TO ALL PORT DIRECTORS.

QUESTIONS RELATED TO OBTAINING THE STEEL IMPORT LICENSE CAN BE REFERRED
TO THE DEPARTMENT OF COMMERCE ATTN: JULIE AL-SAADAWI (202) 482-1930 OR
TO KELLY PARKHILL (202) 482-3791; FAX (202-501-7952);
EMAIL: STEELLICENSE@ITA.DOC.GOV. ADDITIONAL INFORMATION ON THE IMPORT
LICENSING CAN BE FOUND ON WEBSITE WWW.IA.ITA.DOC.GOV/STEEL/LICENSE/

QUESTIONS RELATED TO CUSTOMS POLICY AND PROCEDURES SHOULD BE REFERRED TO
THE OFFICE OF FIELD OPERATIONS ATTN: LISA SANTANA AT (202) 927-4342 OR
TO THE OFFICE OF STRATEGIC TRADE ATTN: BRIAN LEWANDOWSKI AT (202) 927-
0704. ADDITIONAL INFORMATION ON THE STEEL 201 REMEDIES CAN BE FOUND ON
THE CUSTOMS WEBSITE AT WWW.CUSTOMS.TREAS.GOV

/S/PATRICIA FITZPATRICK FOR
ELIZABETH G. DURANT