CBP Administrative Messages, Web Postings, Etc
U.S. Customs and Border Protection (CBP) has announced the 2005 tariff-rate quotas (TRQs) for agricultural products described in HTS Chapter 99, Subchapter XIII, U.S. Notes 3 through 20 with respect to the U.S.-Australia Free Trade Agreement (UAFTA).
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
1. 2005 U.S.-Australia FTA Agriculture TRQs Open January 3, 2005
According to CBP, these TRQs will open on Monday, January 3, 2005 at 12 noon E.S.T., or its equivalent in other time zones at the following low-duty quantities:
| US Note 3 | 0 kg | US Note 12 | 750,000 kg |
| US Note 4 | 7,500,000 liters | US Note 13 | 500,000 kg |
| US Note 5 | 1,500,00 kg | US Note 14 | 2,500,000 kg |
| US Note 6 | 100,000 kg | US Note 15 | 500,000 kg |
| US Note 7 | 4,000,000 kg | US Note 16 | 0 kg |
| US Note 8 | 1,500,000 kg | US Note 17 | 0 kg |
| US Note 9 | 3,000,000 kg | US Note 18 | 500,000 kg |
| US Note 10 | 3,500,000 kg | US Note 19 | 250,000 kg |
| US Note 11 | 2,000,000 kg | US Note 20 | 250,000 kg |
CBP states that "AU" should be used as the primary SPI indicator.
Non-ABI filing is required until further notice (TRQ entries will be held at ports). CBP states that due to ongoing system programming for the UAFTA, ABI transmission of entries for eligible goods is not available at this time. Filers are required to file non-ABI until further notice. Entries subject to a TRQ must be held by ports until the programming is completed. Once programming is completed, ports and the trade community will be notified and the ports can process the entries through the quota system. (See today's ITT, 05010305, for BP summary of non-ABI filing requirements for Australia FTA goods.)
Export certificates required for certain beef, cheese, dairy. CBP further states that a valid export certificate is required to claim both the in-quota and over-quota for beef (Chapter 99, Subchapter XIII, U.S. Note 3). A valid Export Certificate is required to claim the in-quota rate for cheese and dairy products (Chapter 99 Subchapter XIII, U.S. Notes 4 through 15. The first number of the certificate must match the year of presentation, followed by the ISO code "AU" followed by a unique alpha/numeric number. For example, merchandise entered in 2005 must be accompanied by a 2005 export certificate, i.e. 5AU12345B.
Once the in-quota allocation is filled, CBP states that goods will be allowed to enter at Normal Trade Relations rate or General rate of duty as noted in the HTS.
CBP Contact - Christine DeRiso (202) 344-2319
(QBT-04-598, dated 12/28/04, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/04_598.ctt/04_598.doc)
2. 2005 TRQs on Certain Worsted Wool Fabrics Open January 3, 2005
CBP has announced that the 2005 tariff-rate quotas (TRQs) on certain worsted wool fabrics suitable for use in making suits, suit-type jackets, or trousers will open on Monday, January 3, 2005 at 12 noon, E.S.T., or its equivalent in other time zones with the following restraint levels:
| HTS Numbers | Restraint Level |
|---|---|
| 9902.51.11 | 5,500,000 SME |
| 9902.51.1550 | 5,000,000 SME |
| 9902.51.1650 | 2,000,000 SME |
CBP states that legislative changes have necessitated revision of the HTS Chapter 99 provisions applicable to this program. (See ITT's Online Archives or 12/14/04 news, 04121415, regarding the elimination of HTS 9902.51.12. See ITT's Online Archives or 12/27/04 news, 04122720, regarding the extension of the wool license requirement to new HTS 9902.51.1550 and 9902.51.1650 (but not to new HTS 9902.51.1510 and 9902.51.1610.)
DOC license required. According to CBP, the importation of worsted wool fabrics under HTS 9902.51.11, 9902.51.1550, 9902.51.1650 shall only be allowed to importers who have a license issued by the Department of Commerce (DOC) or who have written authorization to use another person's DOC license. (Although CBP's notice does not reflect it, CBP sources have confirmed by telephone that, in addition to HTS 9902.51.11, the license requirement applies to HTS 9902.51.1550 and 9902.51.1650.)
(See CBP's notice for list of applicable HTS Chapter 51 numbers and further instructions on the DOC license requirement.) (QBT-04-601, dated 12/29/04, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/04_601.ctt/qbt-04-601.doc)
4. Termination of Ivory Coast's Designation as an AGOA Beneficiary Country
CBP has issued a notice stating that Presidential Proclamation 7858 terminated the designation of Cte d'Ivoire (Ivory Coast) as an African Growth and Opportunity Act (AGOA) beneficiary country, effective January 1, 2005. (See ITT's Online Archives or 12/27/04 news, 04122715, for BP summary of Proclamation 7858, etc.)(QBT-04-038/TBT-04-041, dated 12/28/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/04_38.ctt/qbt-04-038.doc)
4. CBP Grants Snow Day at Port of Detroit for December 23, 2004
CBP has issued an ABI administrative message stating that a snow day is being granted at the Port of Detroit (3801) for December 23, 2004 because of inclement weather. CBP states that it is extending one additional day without penalties for the filing and payment of entry summaries due that day. (Adm 04-2594, dated 12/29/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2594.ADM.)