CBP Adopts Rule on 314 Days to File Visual & Auditory Materials Certification

U.S. Customs and Border Protection has adopted, without change, its 2011 proposed rule to amend its regulations at 19 CFR Part 10 to allow 314 days (rather than 90 days) after the date of entry for the filing of the State Department Certification needed for auditory and visual materials to qualify for duty-free treatment under HTS 9817.00.40.¹ This new rule is effective March 23, 2012.

The final rule also amends 19 CFR 163 to update the description of this certification.²

Allows Certifications to be Filed Any Time Before Liq

In the proposed rule, CBP stated that the amendment permits an applicant to file the documentation required for duty-free treatment of certain visual and auditory materials of an educational, scientific, or cultural character under HTS subheading 9817.00.40, at any time prior to the liquidation of the entry.

Change Aligns with Liq Cycle, Other Duty-Free Provisions

The change also aligns the filing of this required certification documentation with a change in CBP policy that extended the liquidation cycle for entries in the ordinary course of business from 90 days to 314 days after the date of entry. In addition, the change is consistent with other regulations³ that govern the duty-free treatment of merchandise under HTS Chapter 98.

19 CFR 10.121(b) Amended to Implement Change

The final rule makes the following changes to 19 CFR 10.121(b) (deletions struck, additions underlined):

Articles entered under subheading 9817.00.40, HTSUS, will be released from CBP custody prior to submission of the document required in paragraph (a) of this section only upon the deposit of estimated duties with the port director. Liquidation of an entry covering merchandise which has been released under this procedure will be suspended for a period of 90314 days from the date of entry or until the required document is submitted, whichever occurs first. In the event that the director of the port of entry does not receive the required document within the 90-day period, documentation is not submitted before liquidation, the merchandise will be classified and liquidated in the ordinary course, without regard to subheading 9817.00.40, HTSUS.

(See ITT's Online Archives 11081921 for summary of the proposed rule.)

¹In 1966 the U.S. implemented the so-called “Beirut Agreement” to allow certain qualifying visual and auditory materials to be imported into the U.S. duty-free. The State Department administers the obligations of the U.S. under the Beirut Agreement and is responsible for determining whether articles qualify for duty-free treatment under HTS 9817.00.40. As the program currently is administered, an applicant is required to file the State Department’s certification document in connection with an entry covering articles for which duty-free treatment is sought.

²The old rule referred to USIA (the U.S. Information Agency) rather than the State Department. USIA was abolished in 1999 and its functions were transferred to State.

³Including a similar program for the Florence Agreement for scientific instruments and apparatus.

CBP Contact: Robert Dinerstein (202) 325-0132

(FR Pub 02/22/12, D/N USCBP-2011-0030)