U.S. Customs and Border Protection (CBP) has issued to the ports and posted to its Web site separate instructions regarding (1) the use of visas to make claims for duty-free treatment under the African Growth and Opportunity Act (AGOA) for qualifying textile and/or apparel articles (textile articles) from Benin that are entered, or withdrawn from warehouse, for consumption on or after January 28, 2004, and (2) quota reporting for certain apparel articles from Benin that are subject to the AGOA aggregate tariff preference level (TPL) and its sublimit.

According to the Washington File, the State Department has stated that few of the 27 nations participating in the U.S. Visa Waiver Program (VWP) have indicated that they would be able to meet an October 26, 2004 deadline requiring that they issue machine readable passports that incorporate biometric identifiers. Under the VWP, citizens of the 27 countries are able to enter the U.S. for tourism or business for 90 days or less without obtaining a visa. (Washington File Pub 02/03/04, available at http://usinfo.state.gov/topical/pol/terror/texts/04020305.htm)

(a) For previously reviewed or investigated companies not listed above, the AD cash deposit rate will continue to be the company-specific rate published for the most recent period.

On February 2, 2004, the World Shipping Council (WSC), the National Industrial Transportation League (NITL), the National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA), and the Retail Industry Leaders Association (RILA) filed a petition with U.S. Customs and Border Protection (CBP) requesting reconsideration of certain aspects of CBP's December 5, 2003 final rule on the advance electronic presentation of cargo information that pertain to inbound ocean cargo.

The Departmental Advisory Committee on Commercial Operations of the Bureau of Customs and Border Protection (COAC) held its quarterly meeting on February 6, 2004 in Washington, DC.

In George E. Warren Corporation v. U.S., the Court of Appeals for the Federal Circuit (CAFC) upheld an earlier Court of International Trade (CIT) ruling that denied the plaintiff's claim for drawback on Harbor Maintenance Taxes (HMTs) and Environmental Taxes (ETs).

The Washington Post reports that calls are mounting from abroad for efforts to stem the fall in the U.S. dollar, especially against the euro, but U.S. officials are showing no sign of changing their stance that the dollar's value should be left to the markets. The article notes that the flip side of the strong euro is the weak dollar, which is helping to stoke the U.S. recovery by boosting American exports. (WP, dated 02/03/04, www.washingtonpost.com)

In the February 4, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 38, No. 6), CBP issued notices: (a) proposing to revoke a classification ruling on a set top box, and (b) proposing to revoke a classification ruling on certain liquid rubber. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.

U.S. Customs and Border Protection (CBP) states that until further notice, filers are to use the code "YU" for the country of "Serbia and Montenegro," as ACS cannot yet accept the correct ISO code of "CS" for this country. CBP states that it currently maintains a number of unliquidated import entries from the former Czechoslovakia, that have a then-correct ISO code of "CS".

¹ The ITA states that in addition to this AD new shipper review, these companies have requested an AD administrative review. If for any reason any of these companies are rescinded from this AD duty new shipper review, the ITA states that it will include such company in the AD administrative review.