| Title: | POST IMPORTATIONS TPL CLAIMS |
|---|---|
| Date: | 1999-02-02 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : CARLA ZZ-DONOFRIO
SUBJECT : POST IMPORTATIONS TPL CLAIMS
DATE : 01/27/1999
DECEMBER 29, 1998
CATEGORY : QUO
TO : ALL PORT DIRECTORS, CUSTOMS MANAGEMENT CENTER (CMC)
DIRECTORS AND STRATEGIC TRADE CENTER (STC) DIRECTORS
FROM : DIRECTOR, TRADE COMPLIANCE
DIRECTOR, TRADE AGREEMENTS
PASS TO: TRADE COMPLIANCE PROCESS OWNERS, NATIONAL IMPORT
SPECIALIST(S), IMPORT SPECIALISTS, CUSTOMS OFFICERS
SUCH AS INSPECTORS, ENTRY SUPERVISORS AND OTHER
INTERESTED PARTIES SUCH AS BROKERS AND IMPORTERS
SUBJECT: TBT-99-001 - CLAIMS FOR ELIGIBILITY ON TARIFF-RATE
QUOTA CLASS ARTICLES FOR TARIFF PREFERENCE LEVELS (TPLS)
UPON POST-IMPORTATION PRESENTATION OF A VALID
CERTIFICATE OF ELIGIBILITY -- APPLICABLE TPL QUOTA
COUNTRY: MEXICO AND CANADA
PURPOSE:
TO CLARIFY THE VALIDITY OF POST-IMPORTATION TPL CLAIMS TO
MERCHANDISE FOR WHICH THE RESPECTIVE TPL QUOTA HAS CLOSED.
BACKGROUND:
A NUMBER OF TARIFF RATE QUOTAS, OR TARIFF PREFERENCE LEVELS
(TPLS), ON TEXTILES FROM MEXICO FILLED DURING THE 1998 CALENDAR
YEAR QUOTA PERIOD. IT HAS COME TO THE ATTENTION OF HEADQUARTERS
THAT MANY TPL CERTIFICATES OF ELIGIBILITY WERE ISSUED BY THE
MEXICAN GOVERNMENT FOR A GREATER QUANTITY THAN THAT AVAILABLE IN
THE QUOTA PERIOD FOR SEVERAL TPL QUOTA GROUPS. MANY IMPORTERS
MAY HAVE VALID CERTIFICATES OF ELIGIBILITY FROM MEXICO IN THEIR
POSSESSION AND MAY ATTEMPT TO MAKE POST-IMPORTATION TPL CLAIMS
REQUESTING THE NAFTA PREFERENTIAL DUTY RATE FOR MERCHANDISE
FALLING WITHIN A TPL QUOTA GROUP WHICH CLOSED AT SOME POINT
DURING 1998.
THESE IMPORTERS MAY FILE THEIR CLAIMS UNDER EITHER THE
SUPPLEMENTAL INFORMATION LETTER (SIL) PROCEDURES OR CURRENT
PROTEST PROCEDURES AT THE BEGINNING OF THE NEW YEAR, 1999. THESE
REQUESTS MAY BE FOR A REFUND OF HIGHER DUTIES PAID IN 1998 AND A
CHARGE AGAINST THE 1999 TPL QUOTA, INSTEAD OF THE APPLICABLE,
CLOSED, 1998, TPL QUOTA.
ALTHOUGH THERE IS NOT CURRENTLY A DISCERNABLE, SIMILAR, POTENTIAL
PROBLEM INVOLVING TPL POST-IMPORTATION CLAIMS FROM CANADA, IT
MUST BE NOTED THAT THE SAME INSTRUCTIONS APPLY TO BOTH NAFTA
COUNTRIES, CANADA AND MEXICO. THE PRIMARY DIFFERENCE AT PRESENT
IN TPL CLAIMS BETWEEN CANADA AND MEXICO IS WITH REGARD TO THE TPL
CERTIFICATE OF ELIGIBILITY DATE. A VALID TPL CERTIFICATE OF
ELIGIBILITY FROM CANADA MUST HAVE A DATE CORRESPONDING TO THE
YEAR OF ENTRY SUMMARY PRESENTATION, WHEREAS A VALID TPL
CERTIFICATE OF ELIGIBILITY FROM MEXICO MUST HAVE A DATE
CORRESPONDING WITH THE YEAR OF EXPORT OF THE SUBJECT MERCHANDISE.
THE APPLICABLE TPL QUOTA FOR BOTH COUNTRIES IS THE QUOTA IN
EFFECT AT THE TIME OF PRESENTATION OF THE ENTRY SUMMARY OR
WITHDRAWAL FOR CONSUMPTION IN PROPER FORM WITH ESTIMATED DUTIES
ATTACHED (UNLESS ABI STATEMENT PROCESSING PROCEDURES ARE USED, IN
WHICH CASE ESTIMATED DUTIES NEED NOT BE ATTACHED).
ACTION:
THIS IS TO ADVISE ALL CUSTOMS PORTS TO DISAGREE WITH OR DENY
THOSE TPL POST-IMPORTATION CLAIMS REQUESTING THE NAFTA
PREFERENTIAL TARIFF TREATMENT IN WHICH THE PRESENTATION OF THE
CLAIM WAS MADE SUBSEQUENT TO THE CLOSING (FILLING) OF THE
APPLICABLE TPL QUOTA GROUP.
FOR EXAMPLE, A TPL POST- IMPORTATION CLAIM WITH A VALID
CERTIFICATE OF ELIGIBILITY IS PRESENTED UNDER SIL PROCEDURES IN
JANUARY 1999 DURING THE 1999 TPL QUOTA PERIOD. IF THE
CORRESPONDING ENTRY SUMMARY WAS FILED IN 1998, THEN THE 1998 TPL
QUOTA APPLIES TO THE SUBJECT TEXTILE ARTICLES AND THE POST-
IMPORTATION CLAIM SHOULD BE INCLUDED WITHIN OR APPLIED AGAINST
THE 1998 TPL QUOTA. IF THE SPECIFIC 1998 TPL QUOTA GROUP
CORRESPONDING TO THE TEXTILE ARTICLES CLOSED, E.G., 1998 TPL
GROUPS (1) AND (3) FROM MEXICO, PRIOR TO PRESENTATION OF THE
CLAIM, THEN THE CLAIM CANNOT BE ALLOWED. IN THIS INSTANCE, THE
IMPORT SPECIALIST WOULD "DISAGREE" WITH THE TPL POST-IMPORTATION
CLAIM MADE UNDER EXISTING SIL PROCEDURES BECAUSE THE POST-
IMPORTATION CLAIM PRESENTATION WAS MADE SUBSEQUENT TO THE CLOSING
OF THE 1998 TPL QUOTA. FURTHERMORE, THE AMOUNT OF QUOTA BEING
CLAIMED IN THIS INSTANCE WILL NOT BE APPLIED AGAINST THE CURRENT
1999 QUOTA IN EFFECT AT THE TIME OF CLAIM PRESENTATION.
IF THE APPLICABLE TPL QUOTA GROUP ATTACHED TO THE POST-
IMPORTATION TPL CLAIM HAS CLOSED PRIOR TO PRESENTATION OF THE
CLAIM, THEN A REQUEST FOR A REFUND OF DUTIES AT THE NAFTA
PREFERENTIAL TARIFF RATE CANNOT BE GRANTED. ALL SUCH ENTRIES
FOR WHICH A TPL CLAIM WAS MADE UNDER THE COVER OF A SIL WILL BE
LIQUIDATED "NO CHANGE" WITH RESPECT TO THAT ISSUE. SIMILARLY,
PROTESTS RECEIVED ON THE SAME ISSUE SHOULD BE DENIED.
PRESENTATION OF A TPL POST-IMPORTATION CLAIM SHOULD NOT BE MADE
BY IMPORTERS WHEN THE APPLICABLE TPL QUOTA HAS ALREADY CLOSED.
CUSTOMS FIELD OFFICERS ARE REMINDED THAT ALL CLAIMS FOR ARTICLES
SUBJECT TO TPLS MUST CONTAIN A VALID CERTIFICATE OF ELIGIBILITY.
THE PRESENTATION OF THE CERTIFICATE DOES NOT AUTOMATICALLY
GUARANTEE THE LOW RATE OF DUTY. THE APPLICABLE TPL QUOTA GROUP
MUST BE OPEN. CUSTOMS FIELD OFFICERS SHOULD TAKE APPROPRIATE
ACTION TO ENSURE THAT POST-IMPORTATION TPL CLAIMS FROM MEXICO AND
CANADA ARE APPLIED TO THE APPROPRIATE TPL QUOTAS.
NOTE: IF AN IMPORTER IS UNSURE AS TO WHETHER A TPL QUOTA GROUP
WILL CLOSE PRIOR TO THE PRESENTATION OF A TPL POST-IMPORTATION
CLAIM, THEN THAT IMPORTER MAY WISH TO DELAY IMPORTATION UNTIL THE
OPENING OF THE NEXT APPLICABLE TPL QUOTA GROUP, OR DISPOSE OF THE
TEXTILE ARTICLES IN ACCORDANCE WITH 19 CFR 132.5(C).
INFORMATION:
IF YOU HAVE QUESTIONS REGARDING THIS TELEX, PLEASE CONTACT CARLA
D'ONOFRIO AT (202) 927-0424, OR HOWARD DUCHAN AT (202) 927-0639.
PHILLIP METZGER JOYCE METZGER