CSMS Message: 98-000486

TO : ALL ABI BROKERS.

FROM : JOHN ZZ-PIERCE

SUBJECT : GSP EXPIRATION-98

DATE : 06/11/98

8162071
JUNE 11, 1998

FO:OB:TA JAP

CATEGORY: GSP

TO : ALL PORT AND CMC DIRECTORS

FROM : DIRECTOR, TRADE AGREEMENTS

RE : SCHEDULED EXPIRATION OF THE GENERALIZED SYSTEM OF
PREFERENCES ON JUNE 30, 1998

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

BACKGROUND:

THE GSP IS CURRENTLY SCHEDULED TO EXPIRE AT MIDNIGHT ON JUNE 30,
1998, UNLESS ITS PROVISIONS ARE EXTENDED BY CONGRESS. NOTICE OF
THE PROGRAM'S EXPIRATION WILL BE PUBLISHED IN THE FEDERAL
REGISTER. PLEASE BE ADVISED THAT CLAIMS FOR DUTY-FREE TREATMENT
UNDER THE GSP MAY NOT BE MADE FOR MERCHANDISE ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER JULY 1,
1998, IF THE PROGRAM IS NOT EXTENDED BEFORE THAT DATE.

NOTE: IF THE PROGRAM IS EXTENDED BY CONGRESS PRIOR TO JUNE 30,
1998, NOTICE WILL BE PROVIDED VIA THE CUSTOMS ELECTRONIC BULLETIN
BOARD (CEBB), BULLETIN BOARD OTO5, AND VIA ADMINISTRATIVE MESSAGE
TO ALL ABI FILERS.

CUSTOMS HEADQUARTERS INTENDS TO USE THE SAME MECHANISM TO
FACILITATE REFUNDS THAT IT HAS UTILIZED IN THE PAST WHEN THE GSP
EXPIRED. UNDER THIS PLAN, ABI (AUTOMATED BROKER INTERFACE) FILERS
WILL BE ALLOWED TO CONTINUE USING THE SPECIAL PROGRAM INDICATOR
(SPI) "A" FOR ENTRY SUMMARIES FILED ON OR AFTER THE EXPIRATION
DATE. THE USE OF THE SPI "A" WILL CONSTITUTE THE ABI FILER'S
REQUEST FOR A REFUND OF DUTIES PAID FOR GSP ELIGIBLE MERCHANDISE
SHOULD THE PROGRAM BE RENEWED AT A LATER DATE WITH RETROACTIVE
EFFECT.

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MERCHANDISE ENTERED OR WITHDRAWN FROM WAREHOUSE FOR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 JULY 1, 1998. 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 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. THOSE ABI FILERS WHO WISH TO CONTINUE
USING THE SPI "A" WILL HAVE TO REPROGRAM THEIR SOFTWARE TO
ACCEPT THE TRANSMISSION OF AN ENTRY FOR WHICH THEY ARE
CLAIMING PREFERENTIAL TARIFF TREATMENT UNDER THE GSP WITH
THE SPI "A" AND THE PAYMENT OF DUTIES. CUSTOMS AUTOMATED
COMMERCIAL SYSTEM (ACS) WILL BE REPROGRAMMED TO ACCEPT THE
SPI "A" WITH THE PAYMENT OF DUTY.

ALTHOUGH REPROGRAMMING BY THE ABI FILER IS STRICTLY
VOLUNTARY, IF THE FILER ELECTS DO SO THERE ARE SOME
BENEFITS. ONE BENEFIT OF REPROGRAMMING IS THAT THE ABI
FILER WILL NOT HAVE TO REQUEST IN WRITING A REFUND OF DUTIES
DEPOSITED SHOULD THE SHOULD THE GSP BE RENEWED WITH
RETROACTIVE EFFECT. CUSTOMS WILL AUTOMATICALLY REFUND
DUTIES DEPOSITED TO THOSE ABI FILERS WHO ELECT TO REPROGRAM
THEIR SYSTEM TO ACCEPT THE TRANSMISSION OF THE SPI "A" ALONG
WITH ESTIMATED DUTIES. ALSO, 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. ABI FILERS WHO DO NOT WISH TO REPROGRAM, THOSE WHO DO NOT
USE THE SPI "A", AND ALL NON-ABI FILERS ARE REQUIRED TO
REQUEST A REFUND OF DUTIES DEPOSITED IN WRITING TO THE
APPROPRIATE PORT DIRECTOR IF THE GSP IS RENEWED
RETROACTIVELY, IDENTIFYING THE AFFECTED ENTRY NUMBERS.

5. 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.

6. REFUNDS ON INFORMAL ENTRIES FILED VIA ABI 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, SHOULD THE GSP BE RENEWED WITH RETROACTIVE
EFFECT, THE ADDRESSEE ON THE CF 3419A MAY SUBMIT A WRITTEN
CLAIM REQUESTING A REFUND OF GSP DUTIES AND ALL APPLICABLE
FEES (EXCLUDING ANY POSTAL FEES). THE CLAIM FOR REFUND MUST
BE SUBMITTED 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 WITH THE REQUEST, AS THE
INFORMATION CONTAINED ON THE FORM WILL BE THE ONLY RECORD OF
THE GSP MERCHANDISE ENTERED AND PROOF OF PAYMENT OF DUTIES
AND FEES.

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
SYSTEM CONTACT ARTHUR VERSICH, OFFICE OF AUTOMATED COMMERCIAL
SYSTEM, 703-921-7117. 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 .......... ROBERT WOODS, 202-927-1236
PASSENGER CLAIMS ...... MICHAEL PERRON, 202-927-1325

JOYCE METZGER
/S/