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CBP Administrative Messages, Electronic Bulletin Board Notices, Etc

U.S. Customs and Border Protection (CBP) has issued a notice announcing that the tariff-rate quota (TRQ) for dairy products, provided for in HTS Chapter 4, Additional U.S. Note (AUSN) 10, which opened on January 2, 2004, partially oversubscribed at the opening. According to CBP, the All Other Countries limit oversubscribed and the minimum access quantity for Belgium/Denmark (aggregated) was exceeded. However, the minimum access quantity for Australia was not reached and is therefore still available.

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1. 2004 TRQ for Dairy Products Partially Oversubscribed at Opening

The pro rata percentage for All Other Countries is 0.546607 or 54.6607% and the pro rata percentage for the minimum access quantity for Belgium/Denmark is 0.9496 or 94.96%. CBP states that when prorating the quantities from Belgium/Denmark, prorate the total quantity originally presented by 94.96%, then prorate the remainder using 54.6607%. CBP states that the minimum access quantity for Australia did not overfill and is not included in the above proration.

(CBP notes that it had to recalculate and amend the proration it previously announced for All Other Countries (0.5546 or 55.46%) after a port discovered seven lines that were not properly input into the quota module for the opening of the quota.)

According to CBP, all entry summaries and/or warehouse withdrawals for consumption of dairy products except for Australia presented after January 2, 2004 at 12:00 EST shall be denied the in-quota (low) rate. (QBT-04-503, with incorrect proration for All Other Countries, dated 01/08/04, available at http://www.cbp.gov/ImageCache/cgov/content/import/textiles/qbt/qbt2004/2004_2d503_2edoc/v1/2004_2d503.doc, also issued as Adms: 04-0040 and 0052); QBT-04-505 (amended), dated 01/09/04, available at http://www.cbp.gov/ImageCache/cgov/content/import/textiles/qbt/qbt2004/2004_2d505_2edoc/v1/2004_2d505.doc, also issued as Adm: 04-0054.)

2. 2004 TRQ for Milk and Cream, Condensed or Evaporated Partially Oversubscribed at Opening

CBP has issued a notice announcing that the TRQ for milk and cream, condensed or evaporated, provided for in HTS Chapter 4, AUSN 11, which opened on January 2, 2004, partially oversubscribed at opening. According to CBP, the All Other Countries limit oversubscribed and the minimum access quantity for condensed milk in airtight containers from the Netherlands was exceeded.

However, CBP states that the minimum access levels were not reached for the following countries/commodities listed below and, as a result, the in-quota (low) rate is still available:

Termination of AD/CV duty administrative review

(CBP electronic bulletin board notices available at:

http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fa&area=14)