CBP Issues ABI System Requirements for Filing DR -CAFTA Claims (ACS in Process of Being Programmed)
U.S. Customs and Border Protection (CBP) has issued an administrative message to advise the trade of the Automated Broker Interface (ABI) system requirements needed to file a U.S. - Central America - Dominican Republic Free Trade Agreement (CAFTA-DR) claim.
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According to CBP, the ACS system is in the process of being programmed to accept CAFTA-DR claims via ABI, and that a future message will be sent when ACS has completed the system changes to accept ABI-filed CAFTA-DR claims.
Selections from CBP's Message on DR-CAFTA ABI System Requirements
Selected aspects of CBP's message on the DR-CAFTA ABI system requirements include (partial list):
CAFTA-DR eligible countries. CBP states that the following countries are considered CAFTA-DR eligible countries; however, at present only El Salvador is eligible to file CAFTA-DR claims:
| Country | ISO Code |
| Costa Rica | CR |
| Dominican Republic | DO |
| El Salvador | SV |
| Guatemala | GT |
| Honduras | HN |
| Nicaragua | NI |
(The U.S. Trade Representative (USTR) and the International Trade Commission (ITC) will inform the trade and CBP when eligible countries other than El Salvador can begin filing DR-CAFTA claims.)
Types of CAFTA-DR claims. CBP states that the CAFTA-DR has different types of claims, as follows:
| originating DR-CAFTA claims (SPI 'P') |
|---|
| The SPI indicator of 'P' must be filed in the appropriate entry summary record. In addition, the country of origin and the country of export must both be eligible for DR-CAFTA benefits. Such goods are also exempt from the Merchandise Processing Fee (MPF). |
| qualifying DR-CAFTA claims (SPI 'P') |
| The SPI indicator of 'P' must be filed in the appropriate entry summary record. In addition, the country of origin and the country of export must both be eligible for DR-CAFTA benefits. These goods are exempt from the MPF. |
| TPLs 991561XX - 991562XX |
| No SPI is required for these tariff preference levels (TPLs). The country of origin and the country of export must both be eligible for DR-CAFTA benefits. TPL claims require that all value and quantity amounts be reported on the alternate tariff numbers (non-Chapter 9915 tariff numbers). The MPF will be required for TPL claims. (Not all CAFTA-DR countries have TPLs.) |
| 9822.05.10 |
| The country of origin must be eligible for SPI 'P' benefits. A second tariff number is required and no SPI indicators are allowed for either the 9822.05.10 tariff number or the alternative tariff number. The American Value of the product and the Foreign Value are required. No MPF is required. |
Situations where tariff number has a free rate of duty. CBP adds that there will be situations where the tariff number is duty free. Duty free tariff numbers do not have SPIs. However, if the merchandise associated with the duty free tariff number qualifies under the CAFTA originating or CAFTA qualifying provisions, the MPF will be exempt by transmitting the SPI P or P as appropriate.
CBI changes due to DR-CAFTA legislation. According to CBP, prior to the DR-CAFTA, a CBI (SPI 'E') claim required both the country of origin and the country of export to be eligible for CBP benefits (SPI 'E').
However, the DR-CAFTA Implementation Act allows countries that can file DR-CAFTA claims to be the country of export for a CBI (SPI 'E') claim. As a result, CBI claims will be allowed if the country of origin is CBI eligible (SPI 'E') and the country of export is eligible for DR-CAFTA benefits (SPI 'P').
CBTPA changes due to DR-CAFTA legislation. CBP states that countries that are eligible to file DR-CAFTA claims (SPI 'P') will no longer be eligible to file CBTPA claims (SPI 'R') unless the DR-CAFTA country is the Dominican Republic. In addition, the DR-CAFTA Implementation Act allows the country of export for a CBTPA claim to be a DR-CAFTA country. As a result, CBTPA claims require the country of origin and the country of export to be the same and eligible for CBTPA benefits, or the country of origin must be eligible for CBTPA benefits and the country of export can be a DR-CAFTA country (a country eligible for SPI 'P' benefits).
(See administrative message for detailed system requirements, data elements and their positions and descriptions, MPF rules for CAFTA claims, CAFTA impact on GSP, CBP (SPI 'E'), CBTPA (SPI 'R'), etc.)
CBP Quota contact: Michelle Videlock (202) 344-2276
CBP Textile contact: Bob Abels (202) 344-1959
CBP Trade legistation issues: Lori Whitehurst (202) 344-2722
CBP ACS contact: Tony Casucci (202) 772-2041
CBP Adm: 06-0315 (dated 03/08/06) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2006/2006-0315.ADM
BP Note
The CAFTA-DR is also termed CAFTA or DR-CAFTA