CSMS Message: 03-000871

TO: DIRECTORS, FIELD OPERATIONS

FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS

SUBJECT: CORRECTION TO ADMIN MSG 02-0997 REGARDING RENEWAL OF
GSP (TC# TP 02-1545)

THIS MESSAGE IS BEING ISSUED TO CORRECT THE DATE AFTER WHICH
CLAIMS FOR REFUNDS OF DUTIES DEPOSITED WHILE GSP WAS LAPSED
WOULD BE ACCEPTED. THE CORRECT DATE SHOULD HAVE BEEN ISSUED AS
FEB 2, 2003, RATHER THAN FEB 6, 2003 AS THE ORIGINAL MESSAGE
02-0997 STATED. THE CORRECT VERSION OF THE ORIGINAL MESSAGE
IS REPRINTED BELOW.

BACKGROUND:
THE TRADE ACT OF 2002 ("THE ACT"), WAS SIGNED INTO LAW BY PRESIDENT BUSH
ON AUGUST 6, 2002. TITLE XLI OF THE ACT PROVIDES FOR THE EXTENSION OF
THE GENERALIZED SYSTEM OF PREFERENCES THROUGH DECEMBER 31, 2006.
ACCORDINGLY, PRODUCTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER AUGUST 6, 2002 ARE ENTITLED TO DUTY-FREE
TREATMENT, PROVIDED THEY MEET THE REQUIREMENTS OF THE GSP. CUSTOMS
AUTOMATED COMMERCIAL SYSTEM (ACS) HAS BEEN REPROGRAMMED TO ACCEPT
DUTY-FREE ENTRY SUMMARIES USING THE SPECIAL PROGRAM INDICATOR (SPI)
"A", EFFECTIVE 9:00PM EASTERN DAYLIGHT TIME, AUGUST 6, 2002. ABI
ENTRIES WHICH INCLUDE THE SPI "A" AND ESTIMATED DUTY PAYMENT AFTER
THAT TIME WILL BE REJECTED.

ENTRIES OF MERCHANDISE THAT WOULD HAVE QUALIFIED FOR DUTY-FREE
TREATMENT UNDER TITLE V OF THE TRADE ACT OF 1974, HAD THE ENTRY BEEN
MADE ON SEPTEMBER 30, 2001, THAT WERE MADE AFTER SEPTEMBER 30, 2001
AND BEFORE AUGUST 6, 2002 SHALL BE LIQUIDATED OR RELIQUIDATED AS FREE
OF DUTY, AND CUSTOMS SHALL REFUND ANY DUTY PAID WITH RESPECT TO SUCH
ENTRY.

ACTION:

1. THE AMENDMENTS MADE BY TITLE XLI APPLY TO ARTICLES ENTERED, OR
WITHDRAWM FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 6, 2002.

2. THE DUTY RATE OF "FREE" APPLICABLE TO MERCHANDISE QUALIFYING FOR
GSP SHALL BE EFFECTIVE AUGUST 6, 2002.

3. CUSTOMS WILL BEGIN PROCESSING THOSE ENTRIES FILED VIA THE AUTOMATED
BROKER INTERFACE (ABI) WITH THE SPI "A" WHILE THE PROGRAM WAS LAPSED AND
REFUND DUTIES DEPOSITED ON GSP-ELIGIBLE GOODS.

NOTE: IMPORTERS WHO FILED THEIR ENTRIES VIA ABI WITH THE SPI "A"
SHOULD RECEIVE THEIR DUTY REFUND(S) WITHIN 12 WEEKS OF
AUGUST 6, 2002. IMPORTERS ARE ADVISED TO CONTACT THE
APPROPRIATE CUSTOMS PORT OF ENTRY AND INQUIRE ABOUT THE
STATUS OF THE REFUND(S) IF IT IS NOT RECEIVED WITHIN THE
SPECIFIED PERIOD OF TIME.

4. THE FOLLOWING IRS INTEREST RATE WILL BE USED IN CALCULATING
INTEREST ON REFUNDS OF CUSTOMS DUTIES:

07-01-01 TO 12-31-01 6% CORPORATE 7% NON-CORPORATE
01-01-02 TO PRESENT 5% CORPORATE 6% NON-CORPORATE

5. INTEREST SHALL BE PAID ON ALL REFUNDS FROM THE DATE THE DUTIES
WERE DEPOSITED.

6. FORMAL ENTRY REFUNDS:

FILERS WHO USED THE SPI "A" ON ENTRY SUMMARIES FILED VIA ABI NEED TAKE
NO FURTHER ACTION AT THIS TIME. CUSTOMS HEADQUARTERS WILL AUTOMATICALLY
BEGIN PROCESSING REFUNDS FOR ENTRY SUMMARIES LIQUIDATED, OR SCHEDULED
TO LIQUIDATE, AS "NO CHANGE" ON AUGUST 6, 2002.

GSP REFUNDS FOR ALL OTHER ENTRY SUMMARIES (E.G., WAREHOUSE WITHDRAWALS,
"CHANGE" LIQUIDATIONS, RELIQUIDATIONS, AND SUSPENDED ENTRY SUMMARIES)
WILL BE PROCESSED IN ACCORDANCE WITH NORMAL LIQUIDATION PROCEDURES.
ABI FILERS WHO ELECTED TO TRANSMIT THEIR ENTRIES VIA ABI WITHOUT THE
SPI "A" AND NON-ABI FILERS, REGARDLESS OF THEIR USE OF THE SPI "A",
MUST SUBMIT A WRITTEN REQUEST TO THE PORT DIRECTOR AT THE PORT OF
ENTRY ON OR BEFORE FEBRUARY 2, 2003.

FAILURE TO REQUEST A REFUND IN A TIMELY MANNER WILL NOT BE GROUNDS TO
FILE A PROTEST. A SEPARATE LETTER MAY BE PREPARED FOR EACH ENTRY
SUMMARY, EACH IMPORTER, OR FOR ALL ENTRY SUMMARIES FILED BY AN
INDIVIDUAL AT A SINGLE PORT. TO EXPEDITE REFUNDS, CUSTOMS RECOMMENDS
THE FOLLOWING BE INCLUDED IN EACH LETTER:

* A STATEMENT THAT THE LETTER IS A REQUEST FOR A REFUND AS PROVIDED
UNDER THE TRADE ACT OF 2002, SECTION 4101(B)(2).

* THE ENTRY NUMBERS AND LINE ITEM FOR WHICH REFUNDS ARE BEING
REQUESTED; AND

* THE AMOUNT TO BE REFUNDED FOR EACH LINE ITEM, AND, WHERE MULTIPLE
ENTRIES ARE INVOLVED, THE TOTAL AMOUNT OWED FOR ALL ENTRY SUMMARIES.

7. ABI INFORMAL ENTRY REFUNDS:

REFUNDS ON INFORMAL ENTRIES FILED VIA ABI ON A CUSTOMS FORM 7501,
UTILIZING THE SPI "A" WILL BE PROCESSED IN ACCORDANCE WITH PROCEDURES
OUTLINED IN 6 ABOVE.

8. BAGGAGE DECLARATION AND NON-ABI INFORMAL REFUNDS:

WHEN MERCHANDISE IS PRESENTED FOR CLEARANCE ON A BAGGAGE DECLARATION
OR OTHER DOCUMENT (INCLUDING NON-ABI CF 7501), TRAVELERS AND IMPORTERS
MUST MAKE A TIMELY REQUEST AS DESCRIBED IN 6 ABOVE FOR NON-ABI FILERS.

9. MAIL ENTRY REFUNDS:

ADDRESSEES MAY SUBMIT A CLAIM REQUESTING A REFUND OF GSP DUTIES ALONG
WITH A COPY OF THE CF3419A TO THE APPROPRIATE INTERNATIONAL MAIL BRANCH
(ADDRESS LISTED ON LOWER RIGHT CORNER OF THE CF3419A). IT IS ESSENTIAL
THAT A COPY OF THE CF3419A BE INCLUDED, AS THIS WILL BE THE ONLY METHOD
OF IDENTIFYING THE ELIGIBLE GSP PRODUCTS AND ENSURING THAT DUTIES
AND FEES HAVE BEEN PAID.

CONTACTS:

FOR GENERAL OPERATIONAL QUESTIONS:

FORMAL ENTRIES ARLENE LUGO (202) 927-4183
INFORMAL ENTRIES DEBBIE SCOTT (202) 927-1962
MAIL ENTRIES ROBERT WOODS (202) 927-1236
PASSENGER CLAIMS RICHARD BARR (202) 927-4712

FOR SPECIFIC QUESTIONS RELATING TO ACS, PLEASE CONTACT JAMES
MACDONALD, OFFICE OF INFORMATION AND TECHNOLOGY, AT (202) 927-1027.

QUESTIONS FROM FILERS CONCERNING ABI TRANSMISSIONS SHOULD BE DIRECTED
TO THEIR ABI CLIENT REPRESENTATIVES.

COPIES OF THIS MEMORANDUM SHOULD BE MADE AVAILABLE TO PORT DIRECTORS;
ASSISTANT PORT DIRECTORS, TRADE; IMPORT AND ENTRY SPECIALISTS;
INSPECTORS; BROKERS; IMPORTERS AND OTHER INTERESTED PARTIES.

\S\

ELIZABETH G. DURANT

CC: EXECUTIVE DIRECTOR, FIELD OPERATIONS
EXECUTIVE DIRECTOR, FIELD PROGRAMS