CBP Administrative Messages, Electronic Bulletin Board Notices, Etc

1. Reject 'N' for Enforcement Phase 5 of Prior Notice of Imported Food

CBP states that if the ABI filer receives a rejection code of 'N' (other reject reason - call FDA), the filer should send an OGA/FDA correction using the CP application, and include bill of lading information. CBP states that if the filer has a rail or vessel shipment, the filer should send the 'BOL' Affirmation of Compliance with a qualifier that includes the SCAC and the bill number. If the filer has an air shipment, the filer should send the 'AWB' Affirmation of Compliance. CBP states that these steps will correct the entry and satisfy FDA requirements. See Adm: 04-2355 on Phase 5 system changes, which is summarized in ITT's Online Archives or 11/05/04 news, 04110515.(Adm: 04-2375, dated 11/09/04, available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2375.ADM )

2. November 11^th Opening of 180-Day Special Import Quota for Upland Cotton

CBP has posted to its Web site a notice on announcing a "weekly" special import quota of 26,726,064 kg for upland cotton purchased not later than February 1, 2005 and entered under HTS 9903.52.15. The quota period is November 11, 2004 through May 9, 2005; the opening date is November 11, 2004 at 12 noon, E.S.T., or its equivalent in other time zones.

According to CBP, the use of the "special import quota" is at the importer's option, and is not subject to the tariff-rate quotas (TRQs) in HTS Chapter 52 AUSNs 5 through 10. CBP has previously stated that these 180-day quotas are established pursuant to a 1991 Presidential Proclamation, are "triggered" by high C.I.F. Northern Europe cotton prices, and are provided for in HTS Chapter 99, Subchapter III, U.S. Note 6.

(See notice for special instructions concerning the requirement for an original foreign government certification and a certification by the importer.) (QBT-04-554, Announcement Number 15, dated 11/08/04, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_554.ctt/04-554.doc )

3. Textile and Apparel Quotas 85% or More Filled as of November 9, 2004

CBP has posted to its Web site its "critical list" of textiles and apparel subject to import quotas with entered quantities 85% or more filled as of November 9, 2004. CBP states that this "critical list" may be used by CBP as a reference for releasing quota merchandise "off line" when the Automated Commercial System (ACS) is down for longer than four hours. CBP notes that textile and apparel merchandise for Electronic Visa Information System (ELVIS) countries cannot be released "off line" until it is processed through quota. CBP further notes that if the system is down for more than 24 hours, Headquarters Quota Branch should be contacted for further instructions. CBP also states that merchandise subject to tariff-rate quotas (TRQs) that are filled, may be released if entered under the "over quota" (high) rate of duty. (CBP's critical list, dated 11/09/04, available at http://www.cbp.gov/xp/cgov/import/textiles_and_quotas/textile_critical_list/)

4. Air AMS Expansions

CBP has announced the following Air Automated Manifest System (AMS) expansions: