CSMS Message: 99-000457

Title:EXEMPT. MX MPF FOR NAFTA
Date:1999-06-15
To:abi
Links:previous, next

TO : ALL ABI BROKERS.

FROM : HOWARD ZZ-DUCHAN

SUBJECT : EXEMPT. MX MPF FOR NAFTA

DATE : 06/10/1999

TO : ALL DIRECTORS, FIELD OPERATIONS, PORT DIRECTORS, ASSISTANT/
PORT DIRECTORS, TRADE OPERATIONS, FIELD NATIONAL IMPORT/
SPECIALISTS, IMPORT SPECIALISTS, ENTRY SPECIALISTS AND
INSPECTORS

FROM : DIRECTOR, TRADE PROGRAMS

SUBJECT: EXEMPTION OF ORIGINATING NAFTA MEXICAN GOODS FROM THE
MERCHANDISE PROCESSING FEE (MPF), CLARIFICATION

PLEASE PASS TO CUSTOMHOUSE BROKERS, IMPORTERS AND OTHER
INTERESTED PARTIES

BACKGROUND: EFFECTIVE JUNE 30, 1999, NAFTA ORIGINATING PRODUCTS
OF MEXICAN ORIGIN, ENTERED, RELEASED, OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION, ARE EXEMPTED FROM THE CUSTOMS USER
FEES AS IDENTIFIED IN 19 U.S.C. 58C(A)(9) AND (10). THESE FEES
ARE COMMONLY REFERRED TO AS THE MERCHANDISE PROCESSING FEES
(MPF'S).

THIS EXEMPTION APPLIES TO ALL MEXICAN PRODUCTS QUALIFYING AS
NAFTA ORIGINATING GOODS IDENTIFIED AND ENTERED WITH THE
FOLLOWING SPECIAL PROGRAM INDICATORS (SPIS):
C# - CIVIL AIRCRAFT; K# - PHARMACEUTICAL PRODUCTS; L# -
INTERMEDIATE CHEMICALS FOR DYES; MX - NAFTA ORIGINATING GOODS.

ACS PROGRAMMING HAS BEEN COMPLETED AND IS IN PLACE. CUSTOMS
REGULATIONS HAVE BEEN PREPARED AND WILL BE PUBLISHED SHORTLY.

IT HAS COME TO OUR ATTENTION THAT THERE IS SOME CONFUSION AS TO
WHETHER OR NOT GOODS RELEASED UNDER A SPECIAL PERMIT FOR
IMMEDIATE DELIVERY (ID ENTRIES) UNDER 19 USC 1448(B) PRIOR TO
JUNE 30, 1999, WILL QUALIFY FOR EXEMPTION FROM THE MPF IF THEY
ARE ENTERED AFTER JUNE 30, 1999.

19 USC 24.23 (A)(2) REQUIRES THE PAYMENT OF A PROCESSING FEE FOR
MERCHANDISE RELEASED UNDER THE SPECIAL PERMIT FOR IMMEDIATE
DELIVERY. THEREFORE, THE MPF IS APPLICABLE FOR GOODS RELEASED
UNDER THIS PROVISION IF THE RELEASE OCCURRED PRIOR TO JUNE 30,
1999, EVEN THOUGH THE ENTRY DATE IS JUNE 30TH OR LATER.

ACTION: NAFTA ORIGINATING MEXICAN PRODUCTS RELEASED UNDER A
SPECIAL PERMIT FOR IMMEDIATE DELIVERY PRIOR TO JUNE 30, 1999,
ARE NOT ELIGIBLE FOR THE EXEMPTION FROM THE MPF.

PLEASE REFER ANY OPERATIONAL QUESTIONS TO MR. HOWARD DUCHAN,
OFFICE OF FIELD OPERATIONS, (202) 927-0639.

/S/ ELIZABETH DURANT

CC: EXECUTIVE DIRECTOR,FIELD OPERATIONS
CC: ACTING EXECUTIVE DIRECTOR, FIELD PROGRAMS