| Title: | GSP EXPIRATION/MAY 31, 1997 |
|---|---|
| Date: | 1997-05-23 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : JOHN ZZ-PIERCE
SUBJECT : GSP EXPIRATION/MAY 31, 1997
DATE : 05/23/97
7143071
MAY 23, 1997
FO:TA JAP
CATEGORY: GSP
TO : ALL PORT AND CMC DIRECTORS
FROM : DIRECTOR, TRADE AGREEMENTS
RE : EXPIRATION OF THE GENERALIZED SYSTEM OF PREFERENCES ON
MAY 31, 1997
PASS TO : IMPORT SPECIALISTS AND OTHER INTERESTED PARTIES SUCH AS
BROKERS AND IMPORTERS
BACKGROUND:
THE GSP IS CURRENTLY SCHEDULED TO EXPIRE AT MIDNIGHT ON MAY 31,
1997, UNLESS ITS PROVISIONS ARE EXTENDED BY CONGRESS. PLEASE BE
ADVISED THAT CLAIMS FOR DUTY-FREE TREATMENT UNDER THE GSP MAY NOT
BE MADE FOR MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR
AFTER JUNE 1, 1997, IF THE PROGRAM IS NOT EXTENDED BEFORE THAT
DATE.
_____
NOTE: IF THE PROGRAM IS EXTENDED BY CONGRESS PRIOR TO MAY 31,
1997, NOTICE WILL BE PROVIDED VIA THE CUSTOMS ELECTRONIC BULLETIN
BOARD (CEBB), BULLETIN BOARD OTO5, AND IN THE FORM OF AND
ADMINISTRATIVE MESSAGE FOR ALL ABI FILERS.
CUSTOMS HEADQUARTERS INTENDS TO USE THE SAME MECHANISM TO
FACILITATE REFUNDS AS IT USED WHEN THE GSP EXPIRED ON JULY 31,
1995, AND WAS LATER RENEWED ON OCTOBER 1, 1996, WITH RETROACTIVE
EFFECT BY THE GSP RENEWAL ACT OF 1996 (THE ACT, PUB.L. 104-188,
110 STAT. 1775, AT STAT. 1917). UNDER THIS PLAN, FILERS WERE
ALLOWED TO CONTINUE USING THE SPECIAL PROGRAM INDICATOR (SPI) "A"
FOR ENTRY SUMMARIES FILED ON OR AFTER THE EXPIRATION DATE.
CUSTOMS HEADQUARTERS DEVELOPED A COMPUTER PROGRAM THAT WILL AGAIN
BE USED TO REFUND ALL DUTIES DEPOSITED FOR IMPORTS ELIGIBLE FOR
DUTY-FREE TREATMENT IF GSP SHOULD LAPSE AND IS LATER RENEWED WITH
RETROACTIVE EFFECT. THE COMPUTER PROGRAM WILL IDENTIFY THOSE
ENTRIES FILED THROUGH THE AUTOMATED BROKER INTERFACE (ABI) USING
THE SPI "A" AND WILL BE ABLE TO PROCESS MOST REFUNDS WITHOUT
REQUIRING FURTHER ACTION BY ABI FILERS.
ACTION:
1. UNLESS THE GSP IS EXTENDED BY LEGISLATIVE ACTION, NO CLAIMS
FOR DUTY-FREE TREATMENT UNDER THE GSP MAY BE MADE FOR
MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION ON OR AFTER JUNE 1, 1997. DUTIES AT THE MOST
FAVORED-NATION RATE MUST BE DEPOSITED, OR A CLAIM MAY BE
MADE UNDER ANOTHER PREFERENTIAL PROGRAM FOR WHICH THE
MERCHANDISE QUALIFIES (FOR EXAMPLE, THE ANDEAN TRADE
PREFERENCE ACT, THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT).
2. IMPORTERS ARE REMINDED THAT THE TIME OF ENTRY IS DEFINED
DIFFERENTLY FOR VARIOUS TYPES OF ENTRY (SEE 19 C.F.R.
141.68-69) AND ARE CAUTIONED TO BE PARTICULARLY MINDFUL OF
THE KIND OF ENTRY THAT WILL ALLOW THEM TO AVAIL THEMSELVES
OF THE MOST ADVANTAGEOUS DUTY RATE.
3. WHILE ESTIMATED DUTIES MUST BE DEPOSITED, ALL FILERS WHO
FILE ENTRY SUMMARIES THROUGH THE AUTOMATED BROKER INTERFACE
(ABI) MAY CONTINUE TO FILE USING THE SPI "A" AS A PREFIX TO
THE TARIFF NUMBER FOR ALL ENTRIES THAT WOULD HAVE QUALIFIED
FOR THE GSP IF THE GSP WERE STILL IN EFFECT. CUSTOMS
AUTOMATED COMMERCIAL SYSTEM (ACS)HAS BEEN REPROGRAMMED TO
ACCEPT THE SPI "A" WITH THE PAYMENT OF DUTY. WHILE
REPROGRAMMING IS STRICTLY VOLUNTARY, CONTINUED USE OF THE
SPI "A" HAS SOME BENEFITS. ONE BENEFIT OF CONTINUED USE OF
THE SPI "A" IS THAT THE FILER WILL NOT HAVE TO WRITE A
LETTER TO CUSTOMS REQUESTING A REFUND IF THE GSP IS RENEWED
WITH RETROACTIVE EFFECT. USE OF THE SPI "A" WILL ENABLE
CUSTOMS TO IDENTIFY AFFECTED LINE ITEMS AND REFUND DUTIES
WITHOUT A WRITTEN REQUEST FROM THE IMPORTER. OTHER BENEFITS
ARE THAT ACS WILL PERFORM ITS USUAL EDITS ON THE INFORMATION
TRANSMITTED BY THE FILER, THEREBY ENSURING THAT GSP CLAIMS
ARE FOR ACCEPTABLE COUNTRY/TARIFF COMBINATIONS AND
ELIMINATING THE NEED FOR NUMEROUS STATISTICAL CORRECTIONS.
4. IMPORTERS MAY NOT USE THE SPI "A" IF THEY INTEND TO LATER
CLAIM DRAWBACK. USE OF THE SPI "A" IS THE IMPORTER'S
INDICATION THAT HE WISHES TO RECEIVE A REFUND IF THE GSP IS
RENEWED RETROACTIVELY. TO CLAIM BOTH THIS REFUND AND
DRAWBACK WOULD BE TO REQUEST A REFUND IN EXCESS OF DUTIES
ACTUALLY DEPOSITED. IMPORTERS WHO ARE UNSURE AS TO WHETHER
THEY WILL CLAIM DRAWBACK ARE ADVISED NOT TO USE THE SPI "A".
IF THE GSP IS RENEWED RETROACTIVELY, AND THEY HAVE NOT YET
CLAIMED DRAWBACK, THEY MAY REQUEST A REFUND BY WRITING TO
THE PORT DIRECTOR AT THE PORT OF ENTRY. IF THE GSP IS NOT
RENEWED RETROACTIVELY, THEY WILL STILL HAVE THE OPTION OF
FILING A DRAWBACK ENTRY.
5. ABI FILERS WHO DO NOT WISH TO REPROGRAM, WHO DO NOT USE THE
SPI "A" FOR A PARTICULAR ENTRY SUMMARY, AND ALL NON-ABI
FILERS WILL BE REQUIRED TO REQUEST REFUNDS IN WRITING IF THE
GSP IS RENEWED RETROACTIVELY, IDENTIFYING THE AFFECTED ENTRY
NUMBERS.
6. REFUNDS ON INFORMAL ENTRIES FILED VIA ABI ON A CUSTOMS FORM
7501 WITH THE SPI "A" WILL BE PROCESSED IN ACCORDANCE WITH
THE PROCEDURES OUTLINED ABOVE.
7. WHEN MERCHANDISE IS PRESENTED FOR CLEARANCE ON A BAGGAGE
DECLARATION OR NON-ABI INFORMAL, TRAVELERS AND IMPORTERS
WILL BE ADVISED VERBALLY OR WITH A WRITTEN NOTICE THAT THEY
MAY BE ELIGIBLE FOR A REFUND OF GSP DUTIES. TRAVELERS/
IMPORTERS WILL BE PERMITTED TO WRITE A STATEMENT DIRECTLY ON
THEIR CUSTOMS DECLARATIONS (CF 6059B) OR INFORMAL ENTRIES
(CF 363 OR CF 7501) INDICATING THEIR DESIRE FOR A REFUND.
IF GSP DUTY FREE STATUS IS ENACTED WITH A RETROACTIVE
PROVISION, NO FURTHER ACTION WILL BE REQUIRED ON THE PART OF
IMPORTERS TO OBTAIN A REFUND. FAILURE TO REQUEST A REFUND
DOES NOT PRECLUDE IMPORTERS FROM MAKING A TIMELY REQUEST IN
THE FUTURE.
8. FOR MAIL ENTRIES, A WRITTEN NOTICE WILL BE SENT TO THE
ADDRESSEES WITH THE CF 3419A (MAIL ENTRY) INFORMING THEM
THAT THEY MAY BE ELIGIBLE FOR A REFUND OF GSP DUTIES. THE
ADDRESSES MAY SUBMIT A CLAIM REQUESTING A REFUND OF GSP
DUTIES AND RETURN IT, ALONG WITH A COPY OF THE CF 3419A TO
THE APPROPRIATE INTERNATIONAL MAIL BRANCH (ADDRESS LISTED ON
BOTTOM RIGHT HAND CORNER OF CF 3419A). IT IS ESSENTIAL THAT
A COPY OF THE CF 3419A BE INCLUDED AS THIS WILL BE THE ONLY
METHOD OF IDENTIFYING GSP PRODUCTS AND ENSURING THAT DUTIES
AND FEES HAVE BEEN PAID. IF GSP DUTY FREE STATUS IS ENACTED
WITH A RETROACTIVE PROVISION, NO FURTHER ACTION WILL BE
REQUIRED ON THE PART OF THE ADDRESSES TO OBTAIN A REFUND.
9. INQUIRES RELATING TO LEGISLATIVE EFFORTS TO RENEW THE GSP
SHALL NOT BE DIRECTED TO CUSTOMS. PUBLIC INQUIRIES
REGARDING LEGISLATIVE ACTION TO RENEW THE GSP MAY BE
DIRECTED TO:
OFFICE OF THE U.S. TRADE REPRESENTATIVE 202-395-6971
HOUSE WAYS AND MEANS COMMITTEE 202-225-6649
SENATE FINANCE COMMITTEE 202-224-4515
FOR SPECIFIC QUESTIONS RELATING TO THE AUTOMATED COMMERCIAL
SYSTEMS CONTACT ERIC BLANK, OFFICE OF AUTOMATED COMMERCIAL
SYSTEM, 202-927-0441. QUESTIONS REGARDING TYPES OF ENTRIES AND
THEIR CORRESPONDING TIMES OF ENTRY SHOULD BE REFERRED TO THE
ENTRY BRANCH AT 202-927-2148. FOR GENERAL OPERATIONAL QUESTIONS,
CONTACT:
FORMAL ENTRIES ........ JOHN PIERCE, 202-927-1249
INFORMAL ENTRIES ...... THOMAS WYGANT, 202-927-1167
MAIL ENTRIES .......... DAN NORMAN, 202-927-0542
PASSENGER CLAIMS ...... ROBERT JACKSTA, 202-927-1311
JOYCE METZGER
/S/