CBP Can Now Process Most Miscellaneous Trade Act Liq/Reliq Requests for Retroactive AGOA/CBTPA Textile Benefits
U.S. Customs and Border Protection (CBP) has issued a notice regarding certain amendments made by the Miscellaneous Trade and Technical Corrections Act of 2004 (MTA) to the African Growth and Opportunity Act (AGOA), the U.S.-Caribbean Basin Trade Partnership Act (CBTPA), the Trade Act of 2002, and the AGOA Acceleration Act of 2004 (AGOA III) which allow eligible entries to receive retroactive AGOA or CBTPA duty-free1 benefits if requests for liquidation or reliquidation are made at the port of entry by close of business on March 3, 2005.
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CBP indicates that all but one of these MTA amendments are retroactive to October 1, 2000. The temporary identification of Mauritius as a lesser-developed beneficiary AGOA country is retroactive to October 1, 2004.
1and quota-free (excluding any tariff preference levels (TPLs))
Ports Can Now Process Most (But Not All) Requests
CBP states that the ports may process requests for the liquidation or reliquidation of entries that are eligible to receive retroactive AGOA or CBTPA benefits under the MTA amendments to the Trade Act of 2002 and AGOA III. Such amendments include the amendment affecting collars and cuffs, etc.
However, the ports must wait for a Presidential Proclamation and/or Federal Register notice to be issued before processing requests for liquidation or reliquidation of entries that are eligible to receive retroactive AGOA and CBTPA benefits under the new MTA amendments to the AGOA and CBTPA.. Such amendments include the amendment identifying Mauritius as a lesser-developed beneficiary AGOA country.
(CBP had previously stated that it would have to wait for a proclamation to be issued before processing anyliquidation/reliquidation requests for these retroactive AGOA/CBTPA benefits. See ITT's Online Archives or 12/22/04 news, 04122210, for BP summary.)
Trade Act of 2002 and AGOA III Amendments (Ports Can Process Now)
According to CBP, ports may process requests for liquidation or reliquidation for the following Trade Act of 2002 and AGOA III amendments to AGOA and CBTPA, all of which were made retroactive to October 1, 2000 by the MTA (e.g., collars and cuffs, etc.).
| Special origin rule: for purposes of subheadings 9802.00.8044, 9820.11.03, 9820.11.06, 9820.11.18, and 9820.11.33, an apparel article otherwise eligible for preferential treatment under such subheadings shall not be ineligible for such treatment because the article contains nylon filament yarn (other than elastomeric yarn) classifiable under HTS 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.41.10, 5401.41.90, 5402.51.00, or 5402.61.00 if the origin of the yarn is from Canada, Mexico, or Israel. |
CBP notes that it will issue an administrative notice when the Presidential Proclamation and/or Federal Register notice has been issued.
Instructions for Requesting for Liquidations/Reliquidations
CBP notes that, notwithstanding 19 USC 1514 (Protests) or any other provision of law, it shall liquidate or reliquidate articles as free of duty and quantitative limitations (excluding any tariff preference levels) entries that meet the new requirements.
CBP states that liquidation or reliquidation may be made only if a request is filed with CBP within 90 days after the enactment of the MTA and the request contains sufficient information to enable CBP to locate the entry or reconstruct the entry if it cannot be located.
According to CBP, the requests for liquidation or reliquidation must include specific information regarding the change that allows the merchandise to now be eligible for preferential tariff treatment. For all requests for liquidation or reliquidation for AGOA merchandise, all entry document requirements of AGOA must be met at the time a claim is made (AOGA visa, AGOA certificate of origin, etc.)
According to CBP, the requests must be made at the port of entry by close of business March 3, 2005.
See ITT's Online Archives or 12/21/04 and 12/22/04 news, 04122110 and 04122210, for CBP's previous instructions on requesting retroactive AGOA or CBTPA textile and apparel benefits pursuant to the Miscellaneous Trade Act.
CBP notice (TBT-05-002, dated 02/01/05) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/tbts/TBT2005/TBT-05-002.ctt/TBT-05-002.doc.