| Title: | INTERIM PROCEDURES FOR ENTRY OF "PROTOTYPES" |
|---|---|
| Date: | 2004-06-24 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : RICHARD B WALLIO
DATE : 06/22/2004
ENT-10: FO:TCF:SV:SM RBW
MEMORANDUM FOR: DIRECTORS, FIELD OPERATIONS EXECUTIVE
FROM: EXECUTIVE DIRECTOR, TRADE COMPLIANCE, AND FACILITATION
OFFICE OF FIELD OPERATIONS
SUBJECT: INTERIM PROCEDURES FOR ENTRY OF "PROTOTYPES"
THE PURPOSE OF THIS MEMORANDUM IS TO INFORM CUSTOMS AND BORDER
PROTECTION (CBP) ABD INTERESTED IMPORTING PARTIES OF THE INTERIM
PROCEDURES FOR PROCESSING ENTRIES OF "PROTOTYPES."
BACKGROUND:
THE TRADE SUSPENSION AND TARIFF ACT OF 2000 HAS SET FORTH A NEW
PROVISION FOR THE IMPORTATION OF "PROTOTYPES." PROPOSED REGULATIONS
WERE PUBLISHED IN THE FEDERAL REGISTER, VOLUME 67, NUMBER 46, ON
MARCH 8, 2002. THE FOLLOWING INTERIM GUIDELINES ARE TO BE FOLLOWED
UNTIL FINAL REGULATIONS ARE PUBLISHED. PLEASE BE ADVISED THAT THESE
INTERIM GUIDELINES MAY BE AMENDED BY FINAL REGULATIONS TO PRESCRIBE
ADDITIONAL REQUIREMENTS FOR PROOF OF ELIGIBILITY.
THE UNITED STATES HARMONIZED TARIFF NUMBER 9817.85.01 IS USED FOR THE
CLASSIFICATION OF PROTOTYPES, WHICH ARE TO BE USED EXCLUSIVELY FOR
DEVELOPMENT, TESTING, PRODUCT EVALUATION, OR QUALITY CONTROL PURPOSES.
THE LIQUIDATION OF ENTRIES CONTAINING THE PROTOTYPE CLASSIFICATION
HAS BEEN WITHHELD PENDING PUBLICATION OF FINAL REGULATIONS.
ACTION:
ENTRIES WITH THE PROTOTYPE CLASSIFICATION FALL UNDER THE "ACTUAL USE"
REGULATIONS DESCRIBED IN 19 CFR 10.131 THROUGH 10.139. LIQUIDATION
WILL BE SUSPENDED UNTIL PROOF OF ACTUAL USE IS FURNISHED OR THE 3-YEAR
PERIOD OF SUSPENSION OF LIQUIDATION HAS EXPIRED. AFTER 3 YEARS, CBP
MAY EITHER ASK FOR PROOF OF ACTUAL USE OR LIQUIDATE IN ACCORDANCE
WITH THE INFORMATION AVAILABLE AT THAT TIME. IF INFORMATION IS PROVIDED
EARLIER THAN 3 YEARS THAT THE MERCHANDISE WAS DESTROYED, SOLD FOR
SCRAP, OR CONSUMED (SUCH AS DRUG SAMPLES OR CHEMICALS), THEN THE ENTRY
CAN BE LIQUIDATED SOONER.
THIS NOTICE SHOULD BE DISTRIBUTED TO ALL PORT DIRECTORS; ASSISTANT PORT
DIRECTORS, 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
MAY REFER QUESTIONS TO MR RICHARD WALLIO, SUMMARY MANAGEMENT BRANCH,
AT (202) 927-9704, OR VIA E-MAIL.
/S/
ELIZABETH G. DURANT