CBP Revises its Instructions on Filing & Substantiating Claims under the US-Chile FTA
U.S. Customs and Border Protection (CBP) has issued a set of amendments (dated September 20, 2004) to the January 29, 2004 version of its instructions on the filing and substantiating of claims for preferential tariff treatment made under the U.S.-Chile Free Trade Agreement (UCFTA or CFTA).
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(See ITT's Online Archives or 02/09/04 news, 04020910, for BP summary of CBP's initial January 29, 2004 version of these instructions.)
According to CBP, this September 20th set of amendments augments and updates the January 29, 2004 version of CBP's UCFTA instructions.
The amendments pertain to five sections, and make the following changes (according to the text of the amendments and/or CBP sources):
Verification by CBP - information is added to this section regarding the importer's responsibility to substantiate a claim for UCFTA preferential treatment, noting that in those instances when the importer does not have access to business sensitive information, it will be the importer's responsibility to request that the exporter or producer provide the documentation directly to CBP. CBP notes that there is no specific provision in the UCFTA for CBP to directly contact the exporter or producer.
In addition, the second example in this section is revised to state that if the importer is unsuccessful either in obtaining the documentation from the exporter or producer or in obtaining their cooperation in providing CBP with the documentation, CBP will issue a negative determination to the importer.
(In the January 29th version, CBP stated that if the importer is unsuccessful either in obtaining the documentation from the exporter or producer or in obtaining cooperation in providing CBP with the documentation, CBP may issue a CBP Form 28 (Request for Information) directly to an exporter or producer in Chile.)
Determination of a Claim - a new paragraph is added to this section stating that when the exporter/producer has provided information directly to CBP at the importer's request, CBP will issue a copy of the CBP Form 29 (Notice of Action) determination to the exporter/producer, as well as the importer. Otherwise, only the importer will be issued a CBP Form 29.
Post-Importation Claims- a new paragraph is added to this section regarding post-importation claims for preferential tariff treatment within one year from the date of importation (provided a claim was not made at the time of importation) that 19 USC 1520(d) was amended to include UCFTA claims.
In addition, CBP states that it has updated the Automated Commercial System (ACS) Reconciliation Prototype to include post-importation UCFTA claims. (See ITT's Online Archives or 09/03/04 news, 04090305, for BP summary.)
Marking Rules - Due to questions on this issue, CBP sources have stated that this section is added to state that the UCFTA does not use the North American Free Trade Agreement (NAFTA) 19 CFR 102 marking rules. Instead, the general marking regulations apply as set forth in 19 CFR 134.
Automated Processing, etc. - In the September 20th version, the "Action" section is revised to state that program updates to ACS, which allow for automated processing, were completed on February 23, 2004. Therefore, importers claiming preference under the UCFTA may file ABI entries using the Special Program Indicator (SPI) "CL" on the entry summary documentation. (The January 29th version of these instructions reflected that at that time, ACS program updates to allow for automated processing had not yet been completed.)
(See ITT's Online Archives or 02/25/04 news, 04022505, for BP summary of Adm: 04-0253 announcing the completion of the ACS program updates.)
In addition, CBP states in this September 20th version that as a reminder, on January 1, 2004 Chile may no longer claim benefits under the Generalized System of Preferences (GSP).
CBP memorandum amending its January 29, 2004 UCFTA instructions (dated 09/20/04) available at http://www.cbp.gov/linkhandler/cgov/import/international_agreements/us_cfta/chile_fta_ammend.ctt/chile_fta_ammend.doc