CBP Revises its Instructions on Filing & Substantiating Claims under the US-Singapore FTA
U.S. Customs and Border Protection (CBP) has issued a set of amendments (dated September 16, 2004) to the January 30, 2004 version of its instructions on the filing and substantiation of claims for preferential tariff treatment made under the U.S.-Singapore Free Trade Agreement (SFTA, or SGFTA).
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(See ITT's Online Archives or 02/11/04 news, 04021110 for BP summary of CBP's initial January 23, 2004 version of these instructions.1)
This September 16th set of amendments is in addition to, and does not replace, the January 30, 2004 version of CBP's SFTA instructions. The September 16th set of amendments adds sections, as well as revises sections, of the January 30th version.
The amendments pertain to six sections, and make the following changes (according to the text of the amendments and/or CBP sources):
Verification by CBP - a paragraph is added to this section regarding the importer's responsibility to substantiate a claim for SFTA preferential treatment, noting that when the importer cannot access business sensitive information it will be the importer's responsibility to request that the exporter or producer provide the documentation directly to CBP.
In addition, each of the three examples in this section, of actions that CBP may take when verifying a claim, is revised.
Determination of a Claim - a new paragraph is added to this section stating that CBP will issue a copy of the CBP Form 29, Notice of Action, to the exporter/producer as well as the importer, only when the exporter/producer has supplied supporting documentation directly to CBP. Otherwise, only the importer will be issued a CBP Form 29.
Post Entry Claims - CBP has given a paragraph regarding post entry claims its own section (entitled "Post Entry Claims").
In addition, CBP newly states that Supplemental Information Letters (SILs) (or Post Entry Adjustments (PEAs) for high volume claims) may be used to receive a refund of duties and/or merchandise processing fees (MPFs).
(CBP continues to state that post-entry administrative and judicial procedures, such as 19 USC 1520(a) or (c), may also be used for these purposes.)
Marking Rules. Due to questions on this issue, CBP sources state that this section was added to state that the US-SFTA does not use the North American Free Trade Agreement (NAFTA) 19 CFR 102 marking rules. Instead, the general marking rules apply as set forth in 19 CFR 134.
Integrated Sourcing Initiative (ISI). Two new paragraphs are added to this section in order to clarify that (i) the country of origin for ISI goods may be any country, including Singapore or the U.S., and to indicate that (ii) the term "exported from Singapore" should be used in reference to ISI eligible goods coming from Singapore (rather than "shipped from Singapore").
1 The initial January 23, 2004 version is no longer available on CBP's web site. It was
replaced by the January 30, 2004 version which contains one additional paragraph
under the section ""Determination of a Claim," regarding the suspension of SFTA
preferential treatment if CBP determines through verification that the importer has
falsely, or without substantiation, certified more than once that a good qualifies as
originating.)
CBP memorandum amending its January 30, 2004 SFTA instructions (dated 09/16/04) available at http://www.cbp.gov/linkhandler/cgov/import/international_agreements/us_sgfta/singapore_fta_ammend.ctt/singapore_fta_ammend.doc