| Title: | Reminder: Requirements to submit Mexican Sugar Export Licenses |
|---|---|
| Date: | 2017-12-22 |
| To: | abi,acep,edi,newace,partner |
| Links: | previous, original, next |
This is a reminder of the requirements to submit Mexican export licenses to U.S. Customs and Border Protection (CBP) through the Document Image System (DIS) and on the entry summary. The instructions must be strictly followed; otherwise, the DIS system will not accept the submission, and CBP will not be able to identify the submission in the DIS system or on the entry summary.
Filers should be aware that the United States Department of Agriculture (USDA) Sugar Certificate is NOT required for imports of sugar where the country of origin is Mexico. As a result, a USDA Sugar Certificate should not be transmitted via DIS and the entry summary record should not contain any license, certificate or permit number under License/Certificate/Permit type code 21, which is reserved for reporting the USDA Sugar Certificate number. See Cargo Systems Messaging Service (CSMS) message #13-000023 dated 01/17/2013.
On December 29, 2014, the Department of Commerce (Commerce) published in the Federal Register the notice of “Sugar From Mexico: Suspension of Antidumping Investigation” (AD Agreement) (79 FR 78039) and the notice of “Sugar From Mexico: Suspension of Countervailing Investigation” (CVD Agreement) (79 FR 78044). Both notices are effective as of December 19, 2014. See Commerce antidumping/countervailing duty (AD/CVD) instructions to CBP in message numbers 4365304 dated December 31, 2014, 5086304 dated March 27, 2015, 4364303 dated December 30, 2014, 5086305 dated March 27, 2015, and 5338301 dated December 4, 2015.
Commerce published an amendment to the AD Agreement and CVD Agreement (82 FR 31945 and 82 FR 31942, respectively) in the Federal Register on July 11, 2017. The terms and conditions of both amended agreements apply to all contracts for sugar from Mexico during the Export Limit Period (as per the amended CVD Agreement) from October 1, 2017 through September 30, 2018 and all contracts for sugar exported from Mexico on or after October 1, 2017 (regardless of the Export Limit Period).
In accordance with the terms of the amended CVD Agreement, shipments of sugar from Mexico entered into the United States, or withdrawn from warehouse, for consumption on or after February 17, 2015, shall continue to be permitted only upon presentation to CBP of a valid export license by the Government of Mexico. An export license must be presented to CBP as a condition of entry of all Mexican sugar covered by the amended CVD Agreement. CBP will prohibit the entry of any subject merchandise not accompanied by a valid export license issued by the Government of Mexico. See Commerce AD/CVD instructions to CBP in message numbers 4364303 dated December 30, 2014, 5338301 dated December 4, 2015, and 7219308 dated August 7, 2017.
The instructions for filing the Mexican Export Sugar License in DIS and the Mexican Export Sugar License number with the entry summary are as follows:
1. Transmit the Mexican Export Sugar License to the DIS. For further details, see ACE Automated Broker Interface Automated Interface and Email Requirements Document Image System (DIS) Implementation Guide.
2. The Mexican Export Sugar License information will be entered on the entry summary (AE) record identifier 52 (input). Code 26 should be used in the License/Certificate/Permit type code field. Transmit the Mexican Export Sugar License number in the License Number/Certificate Number/Permit Number field without any dashes (i.e., 12-345-6789 = 123456789). Follow the ACE ABI CATAIR formatting instructions for submitting a 52-record data element. For further details, see CBP and Trade Automated Interface Requirements Entry Summary Create/Update.
CAUTION: Importers are required to submit the Mexican Sugar Export License as a condition of entry for imports of sugar from Mexico. Any entry released without the export license having been successfully submitted to CBP to the DIS are subject to redelivery. Failure to redeliver shipments of sugar from Mexico at the request of CBP may result in the imposition of liquidated damages, and will be reported to Commerce as entries potentially in violation of the Agreement.
Questions relating to the Automated Broker Interface (ABI) system should be directed to your assigned ABI client representative.
For more information about the Mexican Export Sugar License, see the above referenced Federal Register notices and message numbers. The Federal Register notices are publicly available at https://www.federalregister.gov/ and the messages are publicly available using AD/CVD Search on the CBP website http://adcvd.cbp.dhs.gov/adcvdweb/.