| Title: | MERCHANDISE REFUSED ENTRY |
|---|---|
| Date: | 1997-02-21 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ABI MAILBOX
SUBJECT : MERCHANDISE REFUSED ENTRY
DATE : 02/21/97
FEBRUARY 17, 1997
SPE-2 FO:TC:I:E JRD
CATEGORY: TEX
TO : ALL PORT DIRECTORS, CUSTOMS MANAGEMENT CENTER (CMC)
DIRECTORS AND STRATEGIC TRADE CENTER (STC) DIRECTORS
FROM : DIRECTOR, TRADE COMPLIANCE DIVISION
PASS TO: ALL IMPORT SPECIALISTS, NATIONAL IMPORT SPECIALISTS,
ENTRY OFFICERS, INSPECTORS AND INTERNATIONAL TRADE
SPECIALISTS, BROKERS, IMPORTERS AND INTERESTED PARTIES
SUBJECT: TBT-97-020 - QUOTA-VISA RESTRICTIONS ON MERCHANDISE
REFUSED ENTRY BY A FOREIGN GOVERNMENT AND RETURNED TO
UNITED STATES
COUNTRY: ALL
REF: GENERAL HEADNOTE 16(E) OF THE HARNONIZED TARIFF SCHEDULE
BACKGROUND:
IN THE PAST YEAR COMMERCIAL ENFORCEMENT HAS HANDLED SEVERAL
INSTANCES OF RE-IMPORTATION OF QUOTA VISA MERCHANDISE AFTER
ADMISSION TO A EUROPEAN COUNTRY WAS REFUSED BY GOVERNMENT
AUTHORITIES. IN EACH INSTANCE, THE MERCHANDISE WAS ENTERED
INTO THE UNITED STATES WITH A VISA, BUT THEN WAS RE-EXPORTED
TO A EUROPEAN COUNTRY. WHEN THE MERCHANDISE REACHED THE
EUROPEAN COUNTRY, THE GOVERNMENT OFFICIALS REFUSED ENTRY
BECAUSE OF THE LACK OF A PROPER VISA FOR EUROPE. THE GOODS
NEVER LEFT CUSTOMS CUSTODY AND WERE RETURNED TO THE U.S.
WITHIN 45 DAYS.
GENERAL HEADNOTE 16(E) OF THE HARMONIZED TARIFF SCHEDULE OF
THE U.S. WAS ENACTED BY VIRTUE OF THE CUSTOMS MODERNIZATION
ACT. NOTE 16(E) PROVIDES AN EXEMPTION FROM ENTRY FOR
ARTICLES EXPORTED FROM THE U.S. AND ARE RETURNED WITHIN 45
DAYS AFTER SUCH EXPORTATION IF UNDELIVERABLE AND HAVE NOT
LEFT THE CUSTODY OF THE CARRIER OR THE FOREIGN CUSTOMS
SERVICE.
AN UNUSED VISA IS REQUIRED ON EACH AND EVERY IMPORTATION OF
GOODS INTO THE UNITED STATES. UPON RETURN TO THE U.S., THE
EXPORTER CLAIMED THAT THERE WAS A NON-EXPORTATION AND
NON-IMPORTATION, AND THEREFORE A NEW VISA WAS NOT NECESSARY.
IN EACH CASE, THE MERCHANDISE WAS RETURNED TO THE U.S.
WITHIN 45 DAYS AFTER EXPORTATION AS UNDELIVERABLE AND HAD
NOT LEFT THE CUSTODY OF THE FOREIGN CUSTOMS SERVICE.
HOWEVER, WHEN ADMISSIBILITY IS AT ISSUE, IN THIS CASE
BECAUSE OF QUOTA-VISA RESTRICTIONS, ENTRY INTO THE U.S. IS
REJECTED BECAUSE OF THE ADMISSIBILITY ISSUE. THE
ADMISSIBILITY ISSUE IS A CONDITION PRECEDENT TO RECEIVING
THE BENEFITS OF GENERAL NOTE 16(E). OTHER ADMISIBILITY
ISSUES INCLUDE MERCHANDISE PROHIBITIONS, CONTAMINATION OF
GOODS, FAILURE TO MEET SAFETY REQUIREMENTS, FAILURE TO MEET
ENVIRONMENTAL REQUIREMENTS, ETC.
ACTION:
IF ADMISSIBILITY ISSUES SUCH AS MEETING QUOTA-VISA
RESTRICTIONS ARE NOT SATISFIED, THE SHIPPING OF MERCHANDISE
IS NOT TO BE CONSIDERED AS A NON-EXPORTATION-NON-IMPORTATION
UNDER CUSTOMS LAW, AND SATISFACTION OF ADMISSIBILITY ISSUES
ARE A PRECEDENT REQUIREMENT FOR APPLICATION OF GENERAL
HEADNOTE 16(E).
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE DO
NOT HESITATE TO CONTACT JUNE PERGOLA AT TELEPHONE NUMBER
(202) 927-0705 OR BOB DORSETT AT (202) 927-7002, TRADE
COMPLIANCE.
PHILIP METZGER