eCERT Transmission Required for TPL Claims for Certain Apparel from Singapore Effective April 1, 2005
U.S. Customs and Border Protection (CBP) has posted to its Web site a notice announcing that, effective April 1, 2005, an electronic certification (eCERT) transmission issued by the Government of Singapore will be required for tariff preference level (TPL) claims under HTS Chapter 99, Subchapter X, U.S. Note 13, pursuant to the U.S.-Singapore Free Trade Agreement (SFTA).
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.
(HTS Chapter 99, Subchapter X, U.S. Note 13 provides for the TPL for certain cotton or man-made fiber (MMF) apparel goods, or apparel goods subject to cotton or MMF restraints, the foregoing that are both cut (or knit-to-shape) and sewn or otherwise assembled in Singapore from fabric or yarn produced or obtained outside the territory of Singapore or of the U.S., provided for in certain HTS Chapter 61/62 numbers.)
(According to CBP, the eCERT program is similar to the Electronic Visa Information System (ELVIS) for absolute quotas. See ITT's Online Archives or 09/20/04 news, 04092010, for BP summary on CBP's announcement of the eCERT system. CBP's eCERT Web page is available at http://www.cbp.gov/xp/cgov/import/textiles_and_quotas/ecert/.)
Both Paper Certificate & eCERT Transmission Required in 6-Month Test Phase
Effective April 1, 2005, and for a six-month test phase, CBP states that it will not accept TPL claims under HTS Chapter 99, Subchapter X, U.S. Note 13 for which the Government of Singapore has not issued an appropriate Certificate of Origin/Certificate of Eligibility and eCERT transmission.
In addition, the Certificate of Origin/Certificate of Eligibility number will be transmitted in the certificate field and will be reflected on the CF-7501.
eCERT Message Must Include Certificate Number, Date of Issuance, Etc.
According to CBP, each eCERT message will include the following information:
Certificate of Origin/Certificate of Eligibility number;
This number will consist of a nine-character alpha/numeric code in the following format: it will begin with the last digit of the year for which the Certificate of Origin/Certificate of Eligibility is in effect, followed by the two character alpha country code specified by the International Organization for Standardization (ISO) ("SG" for Singapore), and a six digit numerical serial number identifying the shipment. (For example, 5SG123456.)
date of issuance;
- digit HTS Chapter 61/62 number; and
the quantity of the shipment and the correct unit(s) of measure. (Quantities must be stated in whole numbers, and decimals or fractions will not be accepted.)
TPL Claims Will Not Be Accepted if eCERT Transmission is Not Received, Etc.
CBP states that TPL claims will not be accepted:
If an eCERT transmission has not been received for the shipment from the Government of Singapore;
If the eCERT transmission for that shipment is missing any of the following: Certificate of Origin/Certificate of Eligibility number; six-digit HTS Chapter 61/62 number; quantity; unit of measure; or date of issuance;
If the eCERT transmission for the shipment does not match the information supplied by the importer or the Customs broker acting as an agent on behalf of the importer, with regard to any of the following: Certificate of Origin/Certificate of Eligibility number; six-digit HTS Chapter 61/62 number; or unit of measure;
If the quantity being entered is greater than the quantity transmitted; or
If the Certificate of Origin/Certificate of Eligibility number has previously been used (except in the case of a split shipment) or canceled.
Re-Submitted TPL Claim Must Have a Correct eCERT Transmission
According to CBP, a correct eCERT transmission from the Government of Singapore is required before a claim that was not accepted for one of the circumstances mentioned above will be accepted.
Post-Entry TPL Claim Can Be Submitted if a System Failure Exceeds 24 Hours
When a system failure exceeds 24 hours, CBP states that it will require the column one rate of duty, and that a post entry claim can be submitted when the system is functioning normally.
(See ITT's Online Archives or 01/05/05 news, 05010525, for BP summary of CBP's notice on the 2005 TPL for apparel from Singapore.)
CBP notice (QBT-05-041/TBT-05-008, dated 03/22/05) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2005/05_041.ctt/qbt_05-041.doc