CSMS Message: 99-000764

TO: ALL ABI BROKERS

FROM: SOUTH FLORIDA STRATEGIC TRADE CENTER

SUBJECT: BUILDING STONE

DATE: SEPTEMBER 8, 1999

AS A RESULT OF LOW COMPLIANCE RATES AND REPETITIVE MISCLASSIFICATION OF
BUILDING STONE CLASSIFIED IN HTS HEADINGS 2515, 2516 OR 6802, THE LETTER
BELOW HAS BEEN ISSUED TO THE MAJOR STONE IMPORTERS. PLEASE TAKE CARE WHEN
ENTERING AND CLASSIFYING SHIPMENTS OF STONE.

DEAR SIR OR MADAM:

UNITED STATES CUSTOMS RECORDS FOR THE PERIOD 7/1/98 - 6/30/99 IDENTIFY
YOUR FIRM AS THE IMPORTER OF RECORD FOR STONE IMPORTATIONS CLASSIFIED IN
THE HARMONIZED TARIFF HEADINGS 2515, 2516 OR 6802.

ON DECEMBER 8, 1993, TITLE VI OF THE NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT (PUB. L. 103-182, 107 STAT. 2057), WHICH IS ALSO KNOWN
AS THE CUSTOMS MODERNIZATION ACT OR "MOD ACT," BECAME EFFECTIVE. THESE
PROVISIONS AMENDED MANY SECTIONS OF THE TARIFF ACT OF 1930 AND RELATED
LAWS. TWO NEW CONCEPTS WHICH EMERGE FROM THE MOD ACT ARE "INFORMED
COMPLIANCE" AND "SHARED RESPONSIBILITY." THESE CONCEPTS ARE PREMISED ON
THE IDEA THAT, IN ORDER TO MAXIMIZE VOLUNTARY COMPLIANCE WITH CUSTOMS LAWS
AND REGULATIONS, THE TRADE COMMUNITY NEEDS TO BE CLEARLY AND COMPLETELY
INFORMED OF ITS LEGAL OBLIGATIONS. ACCORDINGLY, THE MOD ACT IMPOSES A
GREATER OBLIGATION ON CUSTOMS TO PROVIDE THE PUBLIC WITH IMPROVED INFORMA-
TION CONCERNING THE TRADE COMMUNITY'S RESPONSIBILITIES AND RIGHTS UNDER
THE CUSTOMS AND RELATED LAWS. IN ADDITION, BOTH THE TRADE AND CUSTOMS
SHARE RESPONSIBILITY IN CARRYING OUT IMPORT REQUIREMENTS. FOR EXAMPLE,
SECTION 484 OF THE TARIFF ACT, AS AMENDED, (19 U.S.C. SECTION 1484)
REQUIRES AN IMPORTER OF RECORD "USING REASONABLE CARE" TO MAKE ENTRY BY
FILING SUCH INFORMATION AS IS NECESSARY TO ENABLE THE CUSTOMS SERVICE TO
DETERMINE WHETHER THE MERCHANDISE MAY BE RELEASED FROM CUSTOMS CUSTODY,
AND USING REASONABLE CARE "COMPLETE THE ENTRY BY FILING WITH THE CUSTOMS
SERVICE THE DECLARED VALUE, CLASSIFICATION AND RATE OF DUTY" AND "SUCH
OTHER DOCUMENTATION...OR INFORMATION AS IS NECESSARY TO ENABLE THE CUSTOMS
SERVICE TO...PROPERLY ASSESS DUTIES...COLLECT ACCURATE STATISTICS...
DETERMINE WHETHER ANY OTHER APPLICABLE REQUIREMENT OF LAW IS MET."

THE FAILURE OF AN IMPORTER OF RECORD TO EXERCISE REASONABLE CARE MAY LEAD
TO DELAY IN THE RELEASE OF MERCHANDISE OR THE IMPOSITION OF PENALTIES.

U.S. CUSTOMS, AS PART OF ITS INFORMED COMPLIANCE RESPONSIBILITIES, HAS
POSTED THREE PUBLICATIONS CONCERNING THE CLASSIFICATION OF STONE ON ITS
INTERNET WEBSITE. THE ADDRESS OF THE WEBSITE IS WWW.CUSTOMS.TREAS.GOV.
AFTER LOGGING ON TO THE WEBSITE, CHOOSE "IMPORTING AND EXPORTING," THEN
CHOOSE "INFORMED COMPLIANCE" AND FINALLY CHOOSE "INFORMED COMPLIANCE
PUBLICATIONS." THE TITLES OF THESE THREE PUBLICATIONS ARE:

1. GRANITE ICP

2. MARBLE ICP

3. NAFTA ELIGIBILITY AND BUILDING STONE

IN ADDITION TO THESE PUBLICATIONS, THERE ARE NUMEROUS OTHER USEFUL PUBLI-
CATIONS ON THE WEBSITE COVERING TOPICS SUCH AS VALUATION, COMMISSIONS,
RECORDKEEPING REQUIREMENTS AND REASONABLE CARE.

IN ADDITION TO THE AFOREMENTIONED PUBLICATIONS, CUSTOMS HAS IN THE PAST
GIVEN ADVICE (BINDING RULINGS, ORAL ADVICE, CF29 NOTICES OF ACTION, ETC.)
TO NUMEROUS IMPORTERS CONCERNING HOW TO CLASSIFY AND DESCRIBE THEIR STONE
SHIPMENTS. IMPORTERS WHO FAIL TO FOLLOW THIS ADVICE OR, AT THE VERY
LEAST, FAIL TO BRING RECEIPT OF THIS ADVICE TO CUSTOMS' ATTENTION, MAY BE
CONSIDERED TO HAVE NOT USED REASONABLE CARE AND SUBJECT THE IMPORTERS TO
PENALTIES.

CLASSIFICATION ADVICE CAN BE OBTAINED IN SEVERAL WAYS. YOU MAY OBTAIN
BINDING RULINGS CONCERNING THE CLASSIFICATION OF PROSPECTIVE SHIPMENTS BY
WRITING TO:

U.S. CUSTOMS SERVICE
CUSTOMS INFORMATION EXCHANGE
ROOM 437
6 WORLD TRADE CENTER
NEW YORK, NY 10048

ADVICE CONCERING THE ENTRY AND CLASSIFICATION OF YOUR IMPORTATIONS MAY
ALSO BE OBTAINED FROM THE IMPORT SPECIALIST AT THE PORT OF ENTRY OF YOUR
SHIPMENTS.

PLEASE NOTE THAT A COPY OF THIS LETTER WILL BE FORWARDED TO YOUR CUSTOM-
HOUSE BROKER(S) IN AN ABI ADMINISTRATIVE MESSAGE.

SINCERELY,

THOMAS MATTINA
DIRECTOR,
SOUTH FLORIDA STRATEGIC TRADE CENTER

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