CSMS Message: 07-000099

TO: ALL ABI FILERS

FROM: OFFICE OF INTERNATIONAL TRADE

SUBJECT: CLARIFICATION ON THE CEMENT PRODUCTS SUBJECT TO THE MEXICAN
CEMENT IMPORT LICENSE REQUIREMENT.

THIS MESSAGE UPDATES MESSAGE ID 07-0062, TRANSMITTED ON 03/15/2007,
WHICH STATES THAT EFFECTIVE APRIL 5, 2007, ALL IMPORTS OF CEMENT TARIFF
NUMBERS 25231000, 25232900 AND 25239000 FROM MEXICO WILL REQUIRE A
CEMENT IMPORT LICENSE (CIL) PRIOR TO THE SUBMISSION OF AN U.S. CUSTOMS
AND BORDER PROTECTION (CBP) ENTRY SUMMARY (CBP FORM 7501) OR A
FOREIGN TRADE ZONE (FTZ) ADMISSION AND/OR STATUS DESIGNATION
(CBP FORM 214).

CLARIFICATION ON THE CEMENT LICENSE REQUIREMENT:

MEXICAN CEMENT THAT REQUIRES A LICENSE IS DEFINED IN THE AGREEMENT
BETWEEN THE UNITED STATES AND MEXICO ON TRADE IN CEMENT (AGREEMENT)
UNDER SECTION I, DEFINITIONS, L: "MEXICAN CEMENT" MEANS GRAY PORTLAND
CEMENT AND CLINKER FROM MEXICO. GRAY PORTLAND CEMENT IS A HYDRAULIC
CEMENT AND THE PRIMARY COMPONENT OF CONCRETE. CLINKER, AN INTERMEDIATE
MATERIAL PRODUCED WHEN MANUFACTURING CEMENT, HAS NO USE OTHER THAN
BEING GROUND INTO FINISHED CEMENT. SPECIFICALLY INCLUDED WITHIN THE
SCOPE OF THIS DEFINITION ARE POZZOLANIC BLENDED CEMENTS AND OIL WELL
CEMENTS. SPECIFICALLY EXCLUDED ARE WHITE CEMENTS AND TYPE 'S' MASONRY
CEMENT AS DEFINED IN THE DOC'S APRIL 25, 1996, SCOPE DETERMINATION
(61 FR 18381). GRAY PORTLAND CEMENT IS CURRENTLY CLASSIFIABLE UNDER
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) ITEM NUMBER
252329 AND CEMENT CLINKER IS CURRENTLY CLASSIFIABLE UNDER (HTSUS) ITEM
NUMBER 252310. GRAY PORTLAND CEMENT HAS ALSO BEEN ENTERED UNDER HTSUS
ITEM NUMBER 252390 AS "OTHER HYDRAULIC CEMENTS". THESE HTSUS
SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND USCBP PURPOSES; THE WRITTEN
DEFINITION IS CONTROLLING FOR PURPOSES OF THIS AGREEMENT.

GUIDANCE ON CLASSIFICATION:
PLEASE NOTE THAT THE SCOPE OF THE PRODUCTS COVERED BY THE AGREEMENT IS
IDENTICAL TO THAT OF THE ANTIDUMPING DUTY ORDER FOR MEXICAN GRAY
PORTLAND CEMENT AND CLINKER, A201802.

2523100000: THIS TARIFF NUMBER COVERS CLINKER FOR ALL TYPES OF CEMENT.
THE ONLY TYPE OF CLINKER THAT REQUIRES A LICENSE IS MEXICAN CLINKER
FOR GRAY PORTLAND CEMENT. CLINKER FOR OTHER TYPES OF CEMENTS DOES NOT
REQUIRE A LICENSE.

2523290000: THIS TARIFF NUMBER COVERS GRAY PORTLAND CEMENT; ALL MEXICAN
CEMENT CLASSIFIED UNDER 2523290000 REQUIRES A LICENSE.

2523900000: THIS TARIFF NUMBER COVERS OTHER HYDRAULIC CEMENTS. CERTAIN
POZZOLANIC BLENDED CEMENTS CLASSIFIED UNDER THIS SUBHEADING REQUIRE
A LICENSE. NOTE THAT ONLY A VERY SMALL PORTION OF PRODUCTS THAT REQUIRE
A LICENSE ARE CLASSIFIED UNDER THIS HEADING. GRAY PORTLAND CEMENT HAS
BEEN INCORRECTLY ENTERED AS OTHER HYDRAULIC CEMENT IN THE PAST AND IS
CORRECTLY CLASSIFIED UNDER 2523290000.

FOR MEXICAN PRODUCTS ENTERED UNDER HTS 2523100000 AND 2523900000 THAT
DO NOT REQUIRE A LICENSE, INPUT NINE NUMBER NINES (999999999) IN
THE ENTRY SUMMARY RECORD IDENTIFIER 52 RECORD (INPUT) IN THE
MISCELLANEOUS PERMIT/LICENSE NUMBER FIELD (POSITIONS 30 - 38) AS
DESCRIBED IN MESSAGE ID 07-0062. USE THIS SAME FORMAT (999999999),
IN COLUMN 33 OF THE NEWLY REFORMATTED CBP FORM 7501 (OR COLUMN 34 OF
THE PREVIOUS VERSION OF THE CBP FORM 7501, WHICH REMAINS VALID).
IF THERE ARE MULTIPLE LINES OF PRODUCTS FROM MEXICO ENTERED UNDER
2523100000 AND/OR 2523900000 THAT DO NOT REQUIRE A LICENSE, ENTER
999999999 WITHIN THE COLUMN ON THE LINE ITEM. ON THE CBP FORM 214
, 999999999 SHOULD BE REPORTED IN BOX 16. INSTRUCTIONS FOR INPUTTING
999999999 ON CBP FORM 214, SUBMITTED IN AN ELECTRONIC FORMAT
(CBO FORM E-214), WILL BE MADE AVAILABLE FOR PUBLIC VIEWING AT
HTTP://WWW.CBP.GOV AT A LATER DATE; IN THE INTERIM, FOR QUESTIONS
ON THE 999999999 FORMAT AND CBP FORM E-214, CONTACT JERRY LEUTERS
OF THE OFFICE OF INFORMATION AND TECHNOLOGY AT 703-650-3012.

ALL OTHER INFORMATION IN MESSAGE ID 07-0062 REMAINS THE SAME.