CSMS Message: 95-001043

TO : ALL ABI BROKERS.

FROM : ANGELA M DOWNEY

SUBJECT : SUPPLEMENT 1-NAFTA DUTY DEFERR

DATE : 10/25/95

DATE: OCTOBER 23, 1995
FILE: ENT-1-FO:TC:E:C AD

TO : ALL INTERESTED PARTIES

FROM : DIRECTOR, OFFICE OF TRADE COMPLIANCE

SUBJECT : SUPPLEMENT 1 - NAFTA DUTY DEFERRAL
IMPLEMENTATION PROCEDURES REQUIRED FOR EXPORTATIONS INTO
CANADA EFFECTIVEJANUARY 1, 1996

THIS IS A REVISION TO THE MESSAGE TRANSMITTED SEPTEMBER 29, 1995,
TITLED NAFTA DUTY DEFERRAL - IMPLEMENTATION PROCEDURES REQUIRED FOR
EXPORTATIONS INTO CANADA EFFECTIVE JANUARY 1, 1996.

THERE HAVE BEEN CHANGES TO THE BASIC REQUIREMENTS SET FORTH IN THE
DOCUMENT, UNDER ACTION, PARAGRAPH 1.

IT HAS BEEN DETERMINED THAT IN ADDITION TO U.S. DUTIES OWED UPON THE
EXPORTATION OF A GOOD TO CANADA, THE FOLLOWING WILL ALSO APPLY:

1. ANY FEE THAT WOULD HAVE BEEN ASSESSED PURSUANT TO
SECTION 22 OF THE U.S. AGRICULTURAL ADJUSTMENT ACT, SUBJECT TO CHAPTER
SEVEN (AGRICULTURE AND SANITARY AND PHYTOSANITORY MEASURES) UPON
IMPORTATION INTO THE UNITED STATES WILL BE OWED UPON EXPORT TO CANADA.

2. MERCHANDISE PROCESSING FEES THAT WOULD HAVE BEEN ASSESSED
UPON IMPORTATION INTO THE UNITED STATES WILL BE OWED UPON EXPORT TO
CANADA. HARBOR MAINTENANCE FEES WILL NOT BE ASSESSED.

3. ANY APPLICABLE ANTIDUMPING AND/OR COUNTERVAILING DUTIES THAT
WOULD HAVE BEEN ASSESSED UPON IMPORTATION INTO THE UNITED STATES
WILL BE OWED UPON EXPORT TO CANADA.

ADDITIONALLY, THOSE ANTIDUMPING/COUNTERVAILING DUTIES AND FEES
COLLECTED MAY NOT BE REFUNDED, WAIVED OR REDUCED ON CONDITION
OF EXPORT.

IT ALSO HAS BEEN DETERMINED THAT THE FILING OF NAFTA DUTY DEFERRAL
CLAIMS WILL BE CONSIDERED AS "CUSTOMS BUSINESS" AS SET FORTH
IN 1641 OF THE TARIFF ACT OF 1930.

THE REVISED PRINT REQUIREMENTS FOR COMPLETING THE C.F. 7501 WILL BE
AS FOLLOWS:

BLOCK 30-B. ANTIDUMPING/COUNTERVAILING DUTY CASE NUMBER:
RECORD, DIRECTLY BELOW THE HTS NUMBER, THE APPROPRIATE
ANTIDUMPING/COUNTERVAILING DUTY CASE NUMBER(S) AS ASSIGNED BY THE
DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE ADMINISTRATION.
THE FOLLOWING FORMAT SHALL BE USED:

A000-000-000 -OR- A-000-000-000 (AD)
C000-000-000 -OR- C-000-000-000 (CVD)

WHEN BONDING IS PERMITTED AND USED, RECORD THE PHRASE "SURETY CODE" AND
THE SURETY NUMBER E.G., (SURETY ________) . IF CASE OR GOVERNMENT
SECURITY ARE DEPOSITED IN LIEU OF SURETY, RECORD "SURETY 998".

DO NOT RECORD THE COLUMN 30 HEADING LETTERS "A" (TSUSA NO.) OR "B"
(CVD/ADD CASE NO.) BEFORE THE HTS NUMBER OR ANTIDUMPING/COUNTERVAILING
DUTY CASE NUMBER.

BLOCK 34 B. - ANTIDUMPING/COUNTERVAILING DUTY RATE: RECORD THE
ANTIDUMPING AND/OR COUNTERVAILING DUTY RATE(S) AS DESIGNATED BY THE
DEPARTMENT OF COMMERCE, INTERNATIONAL TRADE ADMINISTRATION, DIRECTLY
OPPOSITE THE RESPECTIVE AD/CVD CASE NUMBER(S) SHOWN IN COLUMN 30. WHEN
BONDING IS PERMITTED AND USED, FOLLOW THE INSTRUCTIONS SHOWN IN ITEM
30(B).

BLOCK 34 E. - OTHER FEES: RECORD THE RATE IN THIS COLUMN AND
IDENTIFY EACH FEE ACROSS COLUMNS 30, 31, AND 32 AND ON THE SAME LINE AS
SUCH RATE.

ALL FEES ARE TO BE SHOWN AT THE LINE ITEM LEVEL.

BLOCK 39 - OTHER: RECORD THE TOTAL ESTIMATED ANTIDUMPING OR
COUNTERVAILING DUTIES AND ANY APPLICABLE FEES PAID. DO NOT SHOW
ANTIDUMPING OR COUNTERVAILING DUTY AMOUNTS THAT WERE BONDED FOR. THE
AMOUNTS SHOWN IN BLOCK 39 OF THE SUMMARY SHOULD REFLECT THE AMOUNTS
ACTUALLY BEING PAID.

FOR ENTRIES SUBJECT TO PAYMENT OF ANTIDUMPING DUTIES, COUNTERVAILING
DUTIES AND/OR ANY APPLICABLE FEE, EACH FEE MUST BE INDICATED IN THE
AREA ENCOMPASSED BY BLOCK 30 THROUGH 32, WHICH WILL SERVE AS THE "BLOCK
39 SUMMARY", AND THE INDIVIDUAL AMOUNT OF EACH FEE MUST BE SHOWN ON THE
CORRESPONDING LINE IN BLOCK 32. COUNTERVAILING AND/OR ANTIDUMPING DUTY
AMOUNTS ARE TO BE INCLUDED IN THE "BLOCK 39 SUMMARY" ONLY WHEN THEY ARE
ACTUALLY DEPOSITED. BONDED AMOUNTS SHOULD NOT BE INCLUDED. THE BLOCK
39 SUMMARY MUST BE ON THE FIRST PAGE IF THE SUMMARY CONSISTS OF MORE
THAN ONE PAGE.

THE APPLICABLE COLLECTION CODE MUST BE INDICATED ON THE LINE IN THE
FORMAT AS PROVIDED IN THE CUSTOMS DIRECTIVE 099-3550-061, INSTRUCTIONS
FOR PREPARATION OF C.F. 7501, DATED SEPTEMBER 18, 1992.

THESE PROCEDURES CHANGE THE REQUIREMENTS ORIGINALLY SET FORTH IN OUR
COMMUNICATION, NAFTA DUTY DEFERRAL - IMPLEMENTATION PROCEDURES REQUIRED
FOR EXPORTATIONS INTO CANADA EFFECTIVE JANUARY 1, 1996.

THE AMOUNTS NOW REQUIRED TO BE REPORTED BY THIS REVISION IN BLOCK 39
AND IN "BLOCK 39 SUMMARY" WILL BE REPORTED UPON SUBMISSION OF PART I
IF A PAPER C.F. 7501 IS REQUIRED. OTHERWISE, THEY WILL BE REPORTED
UPON SUBMISSION OF PART II. PLEASE REFER TO THE ABI PROCESSING PORTION
UNDER ACTION IN THE MESSAGE TRANSMITTED SEPTEMBER 29, 1995, TITLED
NAFTA DUTY DEFERRAL - IMPLEMENTATION PROCEDURES REQUIRED FOR
EXPORTATIONS INTO CANADA EFFECTIVE JANUARY 1, 1996.

BLOCK 40 - TOTAL: THIS WILL BE COMPLETED UPON SUBMISSION OF PART
II OF THE DUTY DEFERRAL CLAIM. THE DOLLAR AMOUNT TO BE SHOWN IN BLOCK
40 WILL BE THE SUM OF THE"BLOCK 40 CALCULATION SUMMARY" AND WILL BE ONE
OF THE FOLLOWING SCENARIOS:

(1) THE AMOUNT OF U.S. DUTIES PAYABLE AFTER REDUCING THOSE
U.S. DUTIES OWED BY THE AMOUNT OF CANADIAN DUTIES PAID. THE AMOUNT
PAYABLE WOULD ALSO INCLUDE ANY APPLICABLE ANTIDUMPING DUTIES,
COUNTERVAILING DUTIES AND ANY FEES THAT ARE OWED AND PAYABLE.

(2) A ZERO ($0) BALANCE AFTER WAIVING THOSE U.S. DUTIES OWED
BY THE AMOUNT OF CANADIAN DUTIES PAID AS LONG AS THERE ARE NO
ANTIDUMPING DUTIES,COUNTERVAILING DUTIES OR FEES OWED AND PAYABLE.

(3) THE TOTAL U.S. DUTIES OWED AND PAYABLE INCLUDING ANY
APPLICABLE ANTIDUMPING DUTIES, COUNTERVAILING DUTIES AND ANY FEES OWED
AND PAYABLEWHEN THE CANADIAN DUTY RATE IS "FREE".

"BLOCK 40 CALCULATION SUMMARY". THE "BLOCK 40 CALCULATION SUMMARY"
WILL CONTAIN THE FOLLOWING:

1. THE TOTAL DOLLAR AMOUNT FOR DUTIES DUE ON THE COMMODITIES+
REPORTED ON PART I OF THE CLAIM

2. THE TOTAL OF ANY APPLICABLE ANTIDUMPING AND/OR COUNTERVAILING
DUTIES

3. THE TOTAL AMOUNT OF ANY APPLICABLE FEES, AND

4. THE U.S. EQUIVALENCY OF THE TOTAL CANADIAN DOLLARS PAID, IF
ANY.

BLOCK 40 TOTAL WILL CONTAIN THE SUM OF THE TOTALS REPORTED IN THE
"BLOCK 40 TOTAL CALCULATION SUMMARY".

REPORT THE "BLOCK 40 TOTAL CALCULATION SUMMARY" IN THE FOLLOWING
FORMAT:

BLOCK 40 CALCULATION:
BLOCK 37 DUTY: $XXX.XX
BLOCK 39 OTHER: XX.XX
CA/US $ DUTIES PAID _____XX.XX
SUM = BLOCK 40 TOTAL

THE "BLOCK 40 TOTAL CALCULATION SUMMARY" WILL BE REPORTED ADJACENT TO
THE "BLOCK 39 SUMMARY" AND WILL BE INDICATED IN THE AREA ENCOMPASSED BY
BLOCK 33 AND 34.

+COMMODITY WILL TRANSLATE AS THAT FOREIGN MERCHANDISE IMPORTED INTO THE
UNITED STATES AND ENTERED OR ADMITTED INTO A DUTY DEFERRAL PROGRAM AND
SUBSEQUENTLY EXPORTED TO CANADA ON OR AFTER JANUARY 1, 1996.

SHOULD YOU HAVE QUESTIONS REGARDING THESE PROCEDURES, PLEASE CONTACT
MS. ANGELA DOWNEY, CARGO CONTROL AND ENTRY DIVISION AT (202) 927-1082
OR MS. CAROL ARGENTINE, TRADE AGREEMENTS
DIVISION AT (202) 927-0021.

/S/
PHILIP METZGER