CSMS Message: 05-000084

Title:CHANGES TO E-PROTEST FOR MISC. TRADE ACT 2004
Date:2005-01-27
To:abi
Links:previous, next

TO: ABI BROKERS AND SOFTWARE VENDORS

RE: CHANGES TO ELECTRONIC PROTEST FOR MISCELLANEOUS TRADE ACT 2004
TO ACCOMMODATE PUBLIC LAW 108-429 "THE MISCELLANEOUS TRADE AND
TECHNICAL CORRECTIONS ACT OF 2004

THE CHANGE IN LAW ALLOWS THE FILER OF A SECTION 514 PROTEST THE OPTION
TO REQUEST ACCELERATED DISPOSITION AT THE TIME OF FILING OF THE PROTEST
INSTEAD OF HAVING TO WAIT 90 DAYS AFTER INITIAL FILING TO SUBMIT THE
REQUEST. THE ABI PROTEST INITIAL FILING (PJ) TRANSACTION WILL BE
CHANGED TO ALLOW ACCELERATED DISPOSITION TO BE REQUESTED.

PROTEST INITIAL FILING PJ TRANSACTION:

RECORD IDENTIFIER P10 IS CHANGED AS FOLLOWS:

POSITIONS 31-35 WILL BE SPACE FILL

POSITION 57 WILL BECOME THE "ACCELTERATED DISPOSITION INDICATOR"
FIELD. THE STATUS OF THIS DATA FIELD IS OPTIONAL. ENTER THE
LETTER "R" INDICATING THAT ACCELERATED DISPOSITION IS REQUESTED.
IF ACCELERATED DISPOSITION IS NOT REQUESTED, TRANSMIT A SPACE IN
THIS PLACE.

THE ABI FILER WILL CONTINUE TO BE ABLE TO USE THE SERVICE REQUEST SJ
TRANSACTION TO REQUEST ACCELERATED DISPOSITION AT ANY POINT AFTER
THE PROTEST IS FILED, AS LONG AS IT WAS NOT PREVIOUSLY REQUESTED,
AND THE PROTEST HAS NOT BEEN DECIDED.

PROTEST SERVICE REQUEST SJ TRANSACTION:

THE ABI VENDOR IS ADVISED TO REMOVE ANY SOFTWARE EDIT RESTRICTING
THE USER'S ABILITY TO REQUEST ACCELERATED DISPOSITION BASED ON THE
PREVISOUSLY REQUIRED 90 DAY WAITING PERIOD.

THE CHANGE IN LAW ALSO REPLEALS SECTION 1520(C), COMMONLY KNOWN AS THE
520(C) CLAIM. NOW THOSE ISSUES WILL BE COVERED UNDER 1514 (514 PROTEST)

PROTEST INITIAL FIING PJ TRANSACTION:

RECORD IDENTIFIER P15 IS CHANGED AS FOLLOWS:

"2" WILL NO LONGER BE VALID FOR INPUT IN POSITION 8 TARIFF ACT
CITATION DATA FIELD FOR ANY ENTRIES MADE OR WITHDRAWN FROM WAREHOUSE
ON OR AFTER DECEMBER 18, 2004.

THE CHANGE N LAW EXTENDS THE PROTEST FILING/AMENDMENT PERIOD FROM
90 DAYS AFTER THE DATE OF LIQUIDATION OR RE-LIQUIDATION OF AN ENTRY,
OR THE DATE OF THE DECISION, ORDER, OR FINDING WHICH IS THE SUBJECT
OF THE PROTEST, TO 180 DAYS. THIS INVOLVES NO CHANGE TO ANY ABI
RECORD IDENTIFIERS, BUT ABI VENDORS ARE ADVISED TO MODIFY EDITS
IN THEIR SOFTWARE RELATING TO THE PREVIOUS 90 DAY FILING PERIOD.

THE CHANGE IN LAW EXTENDS THE SURETY'S PROTEST FILING/AMENTMENT
PERIOD FROM 90 DAYS TO 180 DAYS AFTER THE FIRST DEMAND FOR PAYMENT.
THIS INVOLVES NO CHANGE TO ABI RECORD IDENTIERS FOR PROTEST.

AT THIS TIME ACS WILL ALSO MAKE THE FOLLOWING CHANGE WHICH IS NOT
RELATED TO THE MISCELLANEOUS TRADE ACT:

WHEN FILING POST IMPORTATION CLAIMS FOR REFUND OF DUTY (520(D)) FOR
PRODUCTS OF CHILE UNDER THE CHILE FREE TRADE AGREEMENT, THE ABI
FILER WILL NOW HAVE THE OPTION TO SUBMIT CHILEAN ADDRESS INFORMATION
FOR THE PROTESTANT.

THE FOLLOWING CHANGE WILL BE MADE TO THE PROTEST INITIAL FILING
PJ AND PROTEST AMENDMENT QJ TRANSACTIONS

RECORD IDENTIFIER P31:

"CL" (CHILE) WILL BE ACCEPTED AS A VALID COUNTRY CODE IN
POSITIONS 68-69. CONDITIONS FOR USE OF "CL" ARE AS FOLLOWS:
THE TARIFF ACT CITATION IN RECORD IDENTIFIER P15 MUST = "3"
(520D), AND THE PROTESTANT TYPE IN RECORD IDENTIFIER P30
MUST = "F" (FOREIGN). THE FORMAT OF THE PROTESTANT IDENTIFICATION
NUMBER MUST BE IN NNN-NN-NNN (SOCIAL SECURITY) OR NN-NNNNNNNXX
(EMPLOYER IDENTIFICATION) FORMAT.

THESE CHANGES WILL BECOME EFFECTIVE IN ABI ON APRIL 27, 2OO5.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT YOUR CLIENT REPRESENTATIVE.

Referenced By

CSMS #05-000477