CBP CSMS Messages and Web Postings
U.S. Customs and Border Protection has issued a memorandum regarding the impact of Presidential Proclamation 8323, which granted Mauritius preferential tariff treatment accorded to designated African Growth and Opportunity Act (AGOA) lesser developed beneficiary sub-Saharan African countries and suspended Bolivia from the list of countries eligible to receive benefits under the Andean Trade Promotion and Drug Eradication Act (ATPDEA). CBP has updated programming to allow the use of HTS 9819.11.12 for goods from Mauritius entered or withdrawn from warehouse for consumption on or after October 31, 2008. CBP will no longer allow claims under HTS 9821.11.25 for textile goods from Bolivia effective December 15, 2008. (See ITT's Online Archives or 12/05/08 news, 08120505, for BP summary on Proclamation 8323.) (QBT-08-119, dated 12/04/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_119.ctt/qbt_08_119.pdf)
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1. CBP Notice on Amended AGOA for Mauritius, Removal of Bolivia from ATPDEA
2. CBP Cannot Timely Distribute FY 2008 Warmwater Shrimp CDSOA Funds
CBP has issued a notice stating that on November 13, 2008, at the request of twelve plaintiffs in case number 08-00394, the Court of International Trade issued a temporary restraining order preventing CBP from making timely distribution of CDSOA funds available in FY 2008 for certain frozen warmwater shrimp and prawn from Ecuador, Brazil, India, Thailand, Vietnam, and China (case numbers A-331-802, A-351-838, A-533-840, A-549-822, A-552-802, and A-570-893). The order will remain in effect until 5:00 p.m. on February 23, 2009 or until the date of issuance of the CIT's ruling on plaintiffs' motion for a preliminary injunction, whichever date is sooner. (See ITT's Online Archives or 11/18/08 news, 08111845 2, for previous BP summary on this order.) (Notice, dated 12/02/08, available at http://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/warm_water_shrimp.xml)
3. Third Tranche of Recently Increased FY 2008 Global Refined Sugar TRQ Oversubscribed
CBP has issued a memorandum announcing that the third tranche of the recently increased (due to the re-allocation of Mexico's portion) fiscal year 2008 global refined sugar tariff rate quota oversubscribed at opening. The pro rata percentage is 56.07378% or 0.5607378.
Entries or withdrawals for consumption for sugar presented after the opening should be returned to the broker for amendment. The importer has the option to distribute the prorated allocation on a given entry (i.e., more or less than the prorated amount, or none at all). The importer may also transfer the allotment to entries at another port. However, in any of these scenarios, the importer may not enter more than the total prorated amount that was properly presented at opening. (See today's ITT, 08120925, for BP summary announcing the opening of the fourth tranche.)(QBT-08-560, dated 12/04/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_560.ctt/qbt_08_560.pdf)
4. Updated TRQ/TPL "Threshold to Fill" List
CBP has posted an updated version of its tariff rate quota (TRQ)/tariff preference level (TPL) "threshold to fill" list, a quick reference to monitor TRQs and TPLs that are approaching the restraint limit or have filled the in-quota (low duty) rate. The list is divided into two sections - quotas that are at least 85% filled and quotas that are closed. (List, posted 12/05/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/commodity/trq_thresh_fill.ctt/trq_thresh_fill.pdf)
5. 2009 TRQs for Certain Worsted Wool Fabrics Open January 2, 2009
CBP has issued a memorandum announcing that the 2009 TRQs for certain worsted wool fabrics suitable for use in making suits, suit-type jackets, or trousers will open on Friday, January 2, 2009 with the following restraint levels:
| HTS Number | Restraint Level |
|---|---|
| 9902.51.11 | 5,500,000 SME |
| 9902.51.15 | 5,000,000 SME |
| 9902.51.16 | 2,000,000 SME |
According to CBP, the importation of worsted wool fabrics under HTS 9902.51.11, 9902.51.15, and 9902.51.16 shall only be allowed to importers who have a license issued by the Department of Commerce or who have written authorization to use another person's DOC license. (See CBP's notice for further instructions on the DOC license requirement.) (See ITT's Online Archives or 09/11/08 news, 08091120 and 08091125, for BP summaries of the ITA soliciting applications for allocation of subject 2009 TRQs.)
(See CBP's notice for list of applicable HTS Chapter 99 and 51 tariff numbers, etc.) (QBT-08-556, dated 12/01/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_556.ctt/qbt_08_556.pdf)
6. 2009 TRQ on Peanut Butter and Paste Opens January 2, 2009
CBP has issued a memorandum announcing that the 2009 TRQ on peanut butter and paste as provided for in HTS Chapter 20, Additional U.S. Note 5 will open on Friday, January 2, 2009 with the below-listed countries or areas having the following low-duty quantities:
| Argentina | 3,650,000 kg |
| Canada | 14,500,000 kg |
| HTS Chapter 20 AUSN 6 Countries or Territories | 1,600,000 kg |
| Other Countries or Areas (except Mexico) | 250,000 kg |
(See CBP's notice for applicable HTS Chapters 20 and 99 tariff numbers as well as special instructions on (i) exclusions for Mexico; and (ii) high-duty reporting instructions for Australia, Bahrain, Canada, Chile, Dominican Republic, El Salvador, Guatemala, Honduras, Jordan, Morocco, Nicaragua, and Singapore.) (QBT-08-552, dated 12/01/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_552.ctt/qbt_08_552.pdf)
7. 2009 TRQ on Mandarin Oranges (Satsumas) Opens January 2, 2009
CBP has issued a memorandum announcing that the 2009 TRQ on mandarin oranges (satsumas) in airtight containers will open on Friday, January 2, 2009 with a low-duty quantity of 40,000,000 kg. (See CBP's notice for list of applicable HTS Chapter 20 tariff numbers, etc.) (QBT-08-553, dated 12/01/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_553.ctt/qbt_08_553.pdf)
8. 2009 TRQ on Whiskbrooms Opens January 2, 2009
CBP has issued a memorandum announcing that the 2009 TRQ on whiskbrooms, wholly or in part of broom corn, will open on Friday, January 2, 2009 with a low-duty quantity of 61,655 dozen (since the reporting unit for brooms is numbers, the actual quota limit is 739,860 numbers). (See CBP's notice for applicable HTS Chapter 96 tariff numbers, etc.) (QBT-08-554, dated 12/01/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_554.ctt/qbt_08_554.pdf)
9. 2009 TRQ on Other Brooms Opens January 2, 2009
CBP has issued a memorandum announcing that the 2009 TRQ on other brooms, wholly or in part of broom corn, will open on Friday, January 2, 2009 with a low-duty quantity of 121,478 dozen (since the reporting unit for brooms is numbers, the actual quota limit is 1,457,736 numbers). (See CBP's notice for applicable HTS Chapter 96 tariff numbers, etc.) (QBT-08-555, dated 12/01/08, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2008/qbt_08_555.ctt/qbt_08_555.pdf)