CBP Advises Trade on Future ABI System Requirements for Filing Chile FTA Claims
U.S. Customs and Border Protection (CBP) has issued a notice advising the trade of the upcoming system requirements for filing a U.S.-Chile Free Trade Agreement (UCFTA) claim through the Automated Broker Interface (ABI).
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(Such UCFTA claims must currently be filed non-ABI.)
CBP states that the Automated Commercial System (ACS) is in the process of being programmed to accept UCFTA claims. (Sources opine that such programming may not be in place until late March/early April 2004.) CBP further states that once this programming is completed, it will advise the trade when they will be able to file UCFTA claims through ABI.
According to CBP, the following ABI system requirements must be met (once ACS programming is completed and the opportunity to file through ABI is announced):
country of origin. The country of origin must be 'CL.'
country of export. The country of export must be 'CL,' except for the tariff preference level (TPL) tariff numbers in HTS 9911.99 for certain cotton or man-made fiber (MMF) fabric goods made from third country fiber or yarn, and certain cotton or MMF apparel made from third country yarn or fabric, which are not required to have the country of export be 'CL.'
HTS number must have Special subcolumn symbol 'CL.' The Harmonized Tariff Schedule (HTS) number associated with the UCFTA claim must have the Special subcolumn symbol 'CL.'
(CBP notes that HTS numbers with the Special subcolumn symbol 'CL' may either have a free or reduced 'CL' duty rate.)
SPI 'CL' must be transmitted. The Special Program Indicator (SPI) of 'CL' must be transmitted.
Merchandise Processing Fee edits. UCFTA claims for merchandise considered to be originating goods will be exempt from the merchandise processing fee (MPF). UCFTA claims associated with the UCFTA TPLs in HTS 9911.99 will require the MPF.
In addition, CBP states that an HTS number that has a "free" column 1 general rate of duty does not have SPIs. However, if the merchandise associated with these duty free HTS numbers qualifies under the UCFTA originating provisions, CBP states that the MPF exemption can be made by transmitting the SPI 'CL.'
TRQs and TPLs. HTS 9911.02 - 9911.74 are for the UCFTA tariff-rate quotas (TRQs) and HTS 9911.99 is for the UCFTA TPLs.
UCFTA agricultural safeguard measures. HTS 9911.95 - 9911.97 implement the UCFTA safeguard provisions and the specific HTS Chapter 99 tariff number (and its associated duty-rate) used will be determined based on the unit import price of the subject merchandise.
As a result, HTS 9911.95 - 9911.97 will have ABI value edits associated with them.
CBP emphasizes that in order to classify this merchandise correctly, the trade must be aware of the unit import price of the subject merchandise.
GSP status. Chile's Generalized System of Preferences (GSP) status is terminated effective January 1, 2004.
| Tony Casucci (202) 344-1035 (ABI system requirements questions) |
| Lori Whitehurst (202) 927-0455 (Policy and procedure questions) |
ABI administrative message (Adm: 04-0012, dated 01/05/04) available via email or fax by emailing staff@brokerpower.com.