CSMS Message: 93-000992

Title:CH 99 PROVISIONS END USE
Date:1993-10-28
To:abi
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TO : ALL ABI BROKERS.

FROM : ROBYN DAY

SUBJECT : CFT-CH 99 PROVISIONS END USE

DATE : 10/28/93

3301071
OCTOBER 28, 1993

FILE: CO:TO:T:A RD

CATEGORY : CFT

TO : ALL ASSISTANT REGIONAL COMMISSIONERS (OPERATIONS)
REGIONAL DIRECTORS FOR COMMERCIAL OPERATIONS,
DISTRICT DIRECTORS

FROM : ACTING DIRECTOR
OFFICE OF TRADE OPERATIONS

RE : CERTIFICATION OF USE BY IMPORTER OF MERCHANDISE
UNDER THE CANADIAN FREE TRADE AGREEMENT

PASS TO : IMPORT SPECIALISTS, INSPECTORS AND OTHER INTERESTED
PARTIES SUCH AS BROKERS AND IMPORTERS

BACKGROUND:

PRESIDENT CLINTON SIGNED PRESIDENTIAL PROCLAMATION 6579, DATED
JULY 4, 1993, IMPLEMENTING FURTHER ACCELERATED RATE REDUCTIONS
UNDER THE CANADIAN FREE TRADE AGREEMENT. SEVERAL OF THE NEW
PROVISIONS ADDED TO SUBCHAPTER 5, CHAPTER 99 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES INCLUDE THE WORDS "CERTIFIED
BY THE IMPORTER AS INTENDED FOR USE IN," "DESIGNED FOR USE IN" OR
"FOR USE IN."

THIS OFFICE HAS BEEN ADVISED THAT VARIOUS FIELD OFFICES ARE
REQUIRING THE IMPORTER OR HIS AGENT TO PROVIDE THE CERTIFICATION
IN VARIOUS FORMATS. THEREFORE TO PROMOTE UNIFORMITY IN ENFORCING
THESE PROVISIONS THE FOLLOWING PROCEDURES SHOULD BE IMPLEMENTED.

ACTION:

1. THE CHAPTER 99 NUMBER PROVIDED ON THE CF7501 IN CONJUNCTION
WITH THE APPLICABLE HARMONIZED TARIFF SCHEDULE NUMBER WILL BE
CONSIDERED AS AN AFFIRMATION OF THE END USE OF THE
MERCHANDISE.

2. FOR THOSE CHAPTER 99 NUMBERS REQUIRING CERTIFICATION BY THE
IMPORTER, THE SIGNATURE ON THE CF7501 BY THE DECLARANT WILL
BE ACCEPTED AS CERTIFYING THE INTENDED END USE OF THE
MERCHANDISE.

3. IT IS THE RESPONSIBILITY OF THE IMPORT SPECIALIST TO PERFORM
SPOT CHECKS TO VERIFY THE VALIDITY OF THESE CLAIMS EITHER
THROUGH THE ISSUANCE OF A CF28 OR A VISIT TO THE IMPORTER'S
PREMISES.

PERSONS WITH QUESTIONS REGARDING THIS NOTICE SHOULD CONTACT
WILLIAM WAGNER, TRADE PROGRAMS BRANCH, AT (202) 927-0693.

THOMAS BANNER