CBP Issues Directive on Quota-Class Merchandise Reporting

CBP issued a Jan. 31 directive to the agency's field offices about the processing and reporting of quota-class merchandise. The directive specifically provides information on determining the time of presentation of the entry summary, which establishes quota priority and status, it said. The directive points to the regulations from 19 CFR Sections 132, 141, and 24 to give guidance on the reporting of quota-class merchandise.

(The new directive, 3220-037B, supersedes CBP's 1999 directive 3230-037A, said CBP. Email ITTNews@warren-news.com for a copy of the old directive.)

There are some new sections in the new directive but it's otherwise very similar to the previous version. According to the new directive, quota merchandise will not be authorized for release and entry/entry summary with estimated duties attached won't be considered filed or presented until after the date of importation. "Date of importation" refers to the date on which the vessel arrives within the limits of a U.S. with intent to unlade such merchandise, or, for non-vessel imports, the date on which the merchandise arrives within a U.S. customs territory, the directive notes. "Intent to unlade at the port of arrival may be established by the importer though manifest, entry or other information," the directive said. Merchandise that's subject of a quota entry at the port of arrival "but is manifested for or is to be discharged at another port shall be presumed to have arrived within the port limits whiteout the intent to unlade," it said.

Liability of Importer

The directive also has a new section on "Liability of importer for duties." The section notes that duties and the liability for payment "accrue upon imported merchandise on arrival of the importing vessel" within the customs port with intent to unlade. For non-vessels, those duties and liabilities begin to accrue upon arrival within the customs territory of the U.S., unless specifically provided for otherwise by the law, said CBP. The agency also said an entry summary for consumption submitted at the port will serve as entry and entry summary without estimated duties attached if the entry/entry summary and valid scheduled statement is successfully filed through the Automated Broker Interface. For vessels, that means the entry summary for consumption must be filed where the merchandise is intended to be offloaded.

The directive also makes some a references to the Automated Commercial Environment validation, changes the numbering of the directive items and adds some new authorities referenced.