CBP Grants Protest on Chemical Import Documents for Peru TPA
CBP reversed a port decision on the eligibility of chemical imports for preferential treatment based on provided documents that the port previously found to be insufficient. Drexel Chemical asked CBP headquarters to further review a protest on the eligibility of the chemicals under the U.S.-Peru Trade Promotion Agreement (PTPA). CBP ruling HQ H241889, dated March 20, said the "batch sheets" provided to the agency count as necessary production records.
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Drexel imported 40 bags of copper hydroxide through the Port of Savannah, Ga. and claimed PTPA preferential tariff treatment on Feb. 1, 2012, said CBP. The port sought to verify the claim and issued a request for Information (CBP Form 28) and proposed rate advance (CBP Form 29). Drexel submitted further information on June 4 and CBP issued a rate advance "stating that the documentation submitted was insufficient as no production records were submitted," said CBP. Among the documents were batch sheets from Saldeco, the chemical manufacturer in Peru, describing the production of the chemicals and the supervisor and name of the person who prepared the document, said CBP. Drexel told CBP it imported the chemical from the same manufacturer for over seven years.
While the port said the entry lacked the necessary production records, headquarters disagreed. "Although the port stated that no production records were presented, we find that the batch records are production records," said CBP. "Based on the detailed Certificate of Origin, production records as demonstrated by the batch sheets, and other documentation submitted, which all reference each other, we are satisfied that the goods were wholly produced in Peru." Therefore, goods are eligible under PTPA and "the Protest should be granted," said CBP.