Binding Rulings Can Now be Requested Online Using CBP's Web-Based eRulings Template
U.S. Customs and Border Protection (CBP) has posted to its Web site notice that the Office of Regulations and Rulings (OR&R), National Commodity Specialist Division (NCSD) in New York has announced an enhancement to the existing eRulings program with the creation of a Web based eRuling Template for online binding ruling requests.
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Template allows online filing of request directly to NCSD. NCSD sources state that this new template permits the online filing of an electronic binding ruling request directly to the NCSD in New York. Sources also confirm that the eRulings Template is reserved exclusively for the electronic submission of initial binding ruling requests to the NCSD in New York.
Requestor will receive email acknowledgement of receipt and control number. Upon transmission of an electronic eRuling request, CBP states that the requester will receive an email, acknowledging its use of the template. If the transmission is received by the NCSD in good order, the requester will receive an email acknowledgement of receipt, complete with a binding ruling control number, within one business day. The official binding ruling response, complete with an electronic signature, will also be returned by email.
CBP states that the requestor must have access to any files it intends to attach prior to beginning the template process as the ability to input data will expire with excessive input delay. CBP asks that requests be limited to a maximum of five items of the same class or kind of merchandise and that requestors not file an eRulings request if submission of a physical sample is required. CBP states that requestors will be provided with ample opportunity to review, edit, amend, and print the ruling request, prior to transmission.
CBP has previously stated that the procedures under the eRulings program apply to requests for binding classification rulings under the Harmonized Tariff Schedule (HTS) and certain marking, origin, NAFTA and applicability of Trade Program rulings.
NCSD generally issues eRulings within 30 days of receipt. Generally, the NCSD will issue all such rulings within 30 calendar days of the date of receipt. Some delay may occur if a laboratory report or consultation with another agency is required. However, rulings that require referral to Headquarters, OR&R, will be issued by mail within 90 days of receipt.
Binding rulings can still be requested by mail if electronic ruling requirementscannot be met. CBP notes that if for any reason the requirements for filing an electronic ruling request cannot be met, a binding ruling can still be requested by mail.
eRulings information sheet and links to enhanced template and additional details on the eRulings program available on CBP's Web site at http://www.cbp.gov/xp/cgov/toolbox/legal/Rulings/eRulingRequirements.xml.