CSMS Message: 14-000270

Title:Tests for C/O Verification to Support Duty Preference Claims for Petroleum Products
Date:2014-05-09
To:abi
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Availability of Tests for Country of Origin Verification to Support Duty Preference Claims for Certain Petroleum Products

The purpose of this message is to inform the trade community the specific analysis methods supported by U.S. Customs and Border Protection's (CBP) Laboratory and Scientific Services Directorate (LSSD) to verify the origin of certain petroleum products.

As part of its mission to facilitate legitimate trade, CBP has a responsibility to verify the eligibility of products for preferential tariff treatment under free trade agreements and special trade programs. The primary mechanism for verification of preference claims for petroleum and its derivative products is through production records and/or other relevant documentation that support the claim. Since November 7, 2011, LSSD has made available a series of tests that may be used to support the validity of such preference claims.

Such tests, as described below, can be used if CBP officials determine that additional information is necessary to substantiate preference claims for crude oil and certain straight-run petroleum distillates. Please note that all test results must be accompanied by the commercial shipping records from the country of origin, through export and discharge into the United States.

Crude Oil (Non- NAFTA): Single Named Crude Oil Stream: CBP may allow laboratory analyses to support the claim. The importer must provide a gauger report supplemented by the following test results:

(1) American Petroleum Institute (API) Gravity,
(2) Percent sulfur,
(3) Part per million (ppm) nickel, and
(4) Ppm vanadium.

The above test results, when compared to publicly available crude oil data, are usually sufficient to verify the origin of crude oil. The samples used for the test must be taken by a CBP-approved commercial gauger, and testing must be performed by a CBP-accredited commercial laboratory upon discharge from the vessel, in conformance to the following American Society for Testing and Materials (ASTM) methodologies for each test category:

Crude Oil Test ASTM Standard Nos.
API gravity D287 D1298 D5002
Sulfur D2622 D4294
Nickel D5708 D5863
Vanadium D5708 D5863

Straight-Run Distillate Products From a Single Originating Named Crude Oil Stream (non-NAFTA): CBP may allow laboratory analyses to support the claim. The samples must be taken by a CBP-approved commercial gauger, and the laboratory analyses must be performed by a CBP-accredited commercial laboratory for all tests listed:

(1)Representative whole oil high Gas Chromatographic (GC) profile of the stated originating crude (one time only per importer per type of crude per year);
(2)High resolution GC profile of the distilled product conducted on the instant import upon discharge; and
(3)API gravity, percent sulfur, ppm nickel, and ppm vanadium testing conducted on the importation upon discharge from the vessel (see tests for crude oil described above).

These methodologies may not be used if the straight-run distillate is produced from a mixture of two or more named crude oil streams.

Please direct any questions concerning this message to the Petroleum, Natural Gas, & Mineral Center of Excellence and Expertise at <CEE-Petroleum@cbp.dhs.gov>, or to the Trade Agreements Branch at <fta@dhs.gov>.

Referenced By

CSMS #14-000271