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CV: South Korea DRAMS (Blanket Certifications)

U.S. Customs and Border Protection (CBP) has issued electronic bulletin board (CEBB) messages which contain new instructions from the International Trade Administration (ITA) on accepting blanket certifications for certain exclusions from the countervailing (CV) duty order on dynamic random access memory semiconductors (DRAMS) from South Korea (C-580-851).

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ITA Authorizes CBP to Accept Multiple Entry (Blanket) Certifications

The ITA states that CBP is now authorized to accept a blanket certification to cover multipleentriesfor a one-year period with respect to the following items (certification may continue to be made on an entry-by-entry basis):

Certain removable memory modules. Removable memory modules placed on motherboards, with or without a central processing unit, if the importer of the motherboards certifies with CBP that neither it, nor a party related to it or under contract to it, will remove the modules from the motherboards after importation. If such a certification is made, no suspension of liquidation or CV cash deposit will be required.

Certain DRAMS packaged and/or assembled in all countries. DRAMS packaged and/or assembled in all countries that do not contain unassembled Korean DRAMS, if the importer certifies with CBP that the assembled DRAMS do not contain any unassembled Korean DRAMS, in which case no suspension of liquidation or CV cash deposit is required.

Certain memory modules from all countries. Memory modules from all countries that do not contain Korean DRAMS (assembled or unassembled), if the importer certifies with CBP that the memory modules do not contain any Korean DRAMS, in which case no suspension of liquidation or CV cash deposit is required.

Additional Instructions for Making a Blanket Certification

The ITA states that a blanket certification must be filed with the port director at the port of entry on the letterhead of the certifying company, must list the products covered by name and HTS sub-heading number, must identify the foreign manufacturer by name and address, and must be signed by an official of the certifying firm.

The ITA also states that a blanket certification will remain valid, and may be used, for one year from the date of approval by the port director, unless the port director revokes the approval prior to its expiration. The ITA notes that in approving the use of a blanket certification, the port director should consider the reliability of the importer and customs broker.

According to the ITA, an importer for whom the use of a blanket certification has been approved must include, on the invoice used in connection with the entry and entry summary procedures for each shipment covered by the blanket certification, a statement referring to the blanket certification and incorporating it by reference (this statement need not be signed).

The ITA states that the certifying official need not be an executive of the company; however, agents of the importer, such as brokers, are not permitted to make certifications.

(See ITT's Online Archives or 09/08/03, 09/09/03, and 09/16/03 news, 0309085003090935 and 03091635 for BP summaries of each administrative message on the order.

See CEBB notices for more information, including detailed instructions for certification language and "third country" CBP case numbers for this CV duty order.)

CEBB notices dated 02/10/04, available at http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fi&area=14&name=C580851Y.TXT

and

http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fi&area=14&name=C580851Z.TXT

and

http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fi&area=14&name=580851AA.TXT

and

http://www.cebb.customs.treas.gov/public/cgi/cebb.exe?mode=fi&area=14&name=580851AB.TXT