- To : Automated Broker Interface, New ACE Programming, EDI
Subject: Resubmission of Protest for Post Importation Preference Claims Rejected as NonProtestable
TITLE: Re-submission of Protest for Post Importation Preference Claims Rejected as
Non-Protestable
This message provides guidance to trade members of the procedures to re-submit protests that were rejected as non-protestable referenced in CSMS 17-000110.
Pursuant to a decision issued by Court of International Trade (CIT) in Zojirushi American Corp v. U.S., slip Op. 16-78 (August 4, 2016), CBP will permit the use of the protest mechanism set forth in section 19 USC 1514 for those Preference Programs (e.g. Free Trade Agreements (FTA)) and Special Trade Legislation programs (STL) that do not have the statutory post-importation mechanism set forth under 19 USC 1520(d).
In order to assist CBP in processing protests previously rejected as non-protestable, Protestants who wish this matter to be reconsidered are required to resubmit their protests within one hundred eighty days (180) of the issuance of the February 15, 2017 memorandum, i.e. on or about August 14, 2017.
If the original protest submission claiming preferential tariff treatment after importation was rejected as non protestable, Protestants may request re-liquidation of the entry through a new protest or through a letter which should include the following:
•Statement that this is a resubmission of a previous preference claim that was rejected as non-protestable.
•Copy of the original protest showing that it was rejected as non-protestable.
•Certification of origin (or data elements) for the tariff-shift model FTAs that are subject to section 514: Australia FTA (AUFA) and Singapore FTA (SGFTA)
•Affidavit in lieu of a certification of origin for the following Free Trade Agreements: Bahrain FTA (BHFTA), Israel FTA (ILFTA), Jordan FTA (JOFTA), and Morocco FTA (MAFTA)
•Affidavit in lieu of a certification of origin for the following Special Trade Legislation programs: African Growth Opportunity Act (AGOA), Caribbean Basin Economic Recovery Act (CBERA), Caribbean Basin Trade Partnership Act (CBTPA), Civil Aircraft Agreement (CAA), Generalized System of Preferences (GSP), Insular Possessions, Intermediate Chemicals for Dyes (Intermediate Chemicals), Agreement on Trade in Pharmaceutical Products (Pharma), etc.
Re-submission may be electronically through the ACE Protest Module via the ACE Portal or paper to the CBP Port of Entry.
Unliquidated entries under the aforementioned programs may be processed in accordance with current Post Entry Amendment (PEA) and Post Summary Correction (PSC) procedures.
The Preference Programs (i.e. Free Trade Agreements (FTAs) and Special Trade Legislation programs (STLs) that are subject to 19 USC 1514 and do not have the statutory post-importation mechanism under 19 USC 1520(d) are: African Growth and Opportunity Act (AGOA), Australia FTA (AUFTA), Bahrain FTA (BHFTA), Caribbean Basin Economic Recovery Act (CEBRA), Caribbean Basin Trade Partnership Act (CBTPA), Civil Aircraft Agreement (CAA), Generalized System of Preferences (GSP), Insular Possessions, Israel FTA (ILFTA), Intermediate Chemicals on Trade in Pharmaceutical Products (Pharma), and Singapore FTA (SGFTA).
For preference programs that by law have a post-importation provision (i.e., Dominican Republic-Central America FTA (CAFTA-DR), Chile FTA (CLFTA), Columbia TPA (COTPA), Korea TPA (UKFTA), North American Free Trade Agreement (NAFTA), Oman FTA (OMFTA), Panama TPA (PATPA), Peru TPA (PETPA)), a 520(d) post-importation claim remains the only appropriate mechanism to seek preference when not claimed at the time of importation.
Questions regarding this memorandum should be directed to [email protected] or Ms. Tracy Roy, Branch Chief, Trade Process Branch at [email protected].