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CBP Announces 2006 "Low Duty" Tariff-Rate Quantity for Canned Tuna and Skipjack (TRQ Filled at Opening Moment)

U.S. Customs and Border Protection (CBP) has issued a notice announcing that the 2006 in-quota ("low duty") tariff-rate quota (TRQ) quantity for tuna and skipjack (tuna) in airtight containers, not in oil, weighing with their contents not over 7 kilograms (kg) each, that is not the product of any U.S. insular possession, as described in HTS 1604.14.22 (6% duty) has been set at 19,484,313 kg.

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CBP states that any such tuna that is entered, or withdrawn from warehouse, for consumption during 2006 in excess of this quantity will be dutiable at the over-quota ("high duty") rate of 12.5% under HTS 1604.14.30.

At the same time, CBP has posted to its Web site a notice announcing that the 2006 in-quota ("low duty") tariff rate quota (TRQ) for canned tuna filled at opening moment on January 3, 2006.

CBP states that all entry summaries and/or warehouse withdrawals presented at 12:00 p.m. EST or its equivalent in other time zones will be prorated as follows: .7915108 or 79.15108% of the presented quantity shall be liquidated at the low rate (HTS 1604.14.22/6%). The remainder of the presented quantity shall be liquidated at the high rate (HTS 1604.14.30/12.5%).

Any entry summaries and/or warehouse withdrawals presented after 12:00 p.m. EST January 3, 2006 or its equivalent in other time zones shall be liquidated at the high rate (HTS 1604.14.30/12.5%).

(See CBP's message for list of ports (listed by port number) with entries requiring proration.)

(In December 2005, CBP posted to its Web site a notice announcing a preliminary "low duty" TRQ quantity of 20,251,211 kg for such tuna. As the 2006 "low duty" TRQ was expected to fill early in 2006, CBP stated that the estimated duty at the over-quota ("high duty") rate of 12.5% was required for an importer to secure the release of merchandise presented at opening moment on January 3, 2006 and after. (See ITT's Online Archives or 12/23/05 news, 05122340 1, for BP summary of QBT-05-571 which announced the preliminary TRQ quantity.)

CBP contact - Headquarters Quota Branch (202) 344-2650

CBP notice (FR Pub 03/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-4318.pdf.

CBP's proration/liquidation instructions (QBT-06-519, dated 03/24/06) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2006/06_519.ctt/06_519.doc.