CBP Issues Instructions on Making Retroactive Claims for Duty-Free TRQs for Certain Israeli Agricultural Goods, Etc
U.S. Customs and Border Protection (CBP) has issued instructions for making 2004 retroactive claims for the (in-quota) duty-free tariff rate quotas (TRQs) under HTS 9908 for certain agricultural goods from Israel (certain butter and fresh or sour cream, dried milk, cheese, peanuts, and ice cream).
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CBP has also issued the 2004 TRQ levels available under HTS 9908 for these Israeli agricultural goods. (These notices also list certain other, various, TRQs available for these agricultural goods from Israel.)
(See ITT's Online Archives or 10/08/04 news, 04100810 for BP summary of Presidential Proclamation 7826 which extended these TRQs on certain Israeli agricultural goods from January 1, 2004 through December 31, 2008.)
Post-Entry Claims for 2004
SIL, PEA, or protest. CBP states that because Proclamation 7826 is retroactive, the importer must submit to CBP a post-entry claim (e.g. supplemental information letter (SIL), post-entry amendment (PEA), or protest) for subject merchandise that already was entered or withdrawn from warehouse for consumption [in 2004], in order to take advantage of the retroactive extension of duty-free treatment for these HTS 9908 TRQs.
Certain additional safeguard duties not refundable. Importantly, the extension of HTS 9908 duty-free treatment does not exempt these Israeli agricultural goods from the safeguard duties in HTS 9904. As a result, no refund will be available for any HTS 9904 safeguard duties.
In-quota quantity must be available. Furthermore, the filing of a post-entry claim does not automatically guarantee in-quota TRQ eligibility. The in-quota quantity must be available upon presentation of the post entry claim. The date/time of presentation is established when the post-entry claim is submitted to CBP.
Non-ABI entries required until TRQ fills. Filers claiming this duty-free treatment will be required to use three HTS numbers when submitting their CF 7501. (The HTS numbers from Chapters 1-97, 9904, and 9908.)
Because the ACS quota module is not designed to process more than two tariff numbers per line, filers will be required to file non-ABI entry summaries until the TRQ fills. Once it fills, importations of merchandise are subject to the Column 1 duty rate (and only HTS numbers from Chapters 1-97 and 9904 are required) and ABI processing can resume.
CBP Issues 2004 TRQ Levels and Instructions
For the 2004 TRQ levels and commodity-specific instructions for these Israeli agricultural goods, refer to the following QBTs:
| Commodity | HTS Chapter/U.S. Note | QBT Number |
|---|---|---|
| Butter and Fresh or Sour Cream | 99 USN 3 | QBT-04-545 |
| Dried Milk | 99 USN 4 | QBT-04-546 |
| Cheese | 99 USN 5 | QBT-04-547 |
| Peanuts | 99 USN 6 | QBT-04-548 |
| Ice cream | 99 USN 7 | QBT-04-549 |
CBP Contact - Michelle Videlock (202) 344-2276
QBT-04-550 (instructions for making retroactive claims, dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_550.ctt/2004_550.doc
QBT-04-545 (dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_545.ctt/2004_545.doc
QBT-04-546 (dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_546.ctt/2004_546.doc
QBT-04-547 (dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_547.ctt/2004_547.doc
QBT-04-548 (dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_548.ctt/2004_548.doc
QBT-04-549 (dated 10/07/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_549.ctt/2004_549.doc