CBP NY/NJ to Deny GSP-Related Protests and Extension Requests
The CBP New York/New Jersey field office will deny any protests or requests for extensions of liquidation that are meant to delay liquidation until the renewal of the Generalized System of Preferences (GSP) program, it said an in informational pipeline on May 29. Instead, importers should continue to follow CBP’s directive to use SPI “A” to claim GSP and pay duties so that CBP can process refunds if GSP is renewed retroactively (see 13071514).
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CBP headquarters recently said it doesn’t have the legal authority to extend liquidation on entries to await GSP renewal (see 14051917). Expiration of GSP is not good cause for an extension under CBP’s regulations because there is no pending information that could affect liquidation, said CBP. And because GSP ceased to exist when it expired on July 31, 2013, there are no grounds for protests either, it had said. The CBP announcement came shortly after the National Customs Brokers & Forwarders Association of America (NCBFAA) advised its members to file protests to maintain their ability to get refunds once the program is renewed (see 14051211).
CBP's lack of legal authority means any such requests or protests will be denied. “Accordingly, requests for extension of the time for liquidation solely for the purpose of awaiting GSP re-enactment will be denied, and all protests filed solely as a means of tolling the finality of liquidation in anticipation of a GSP renewal will be denied as being without merit,” said CBP’s NY/NJ field office in its pipeline. “If renewed, GSP may or may not be retroactive. On previous occasions when GSP was renewed retroactively after having expired, at the order of Congress, neither the liquidation status nor the finality of liquidation imposed under 19 USC 1514 have had any bearing on the issuance of refunds,” it said.
Further information: John Chmura (973) 368-6753
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