CBP Administrative Messages, Web Postings, Etc.
U.S. Customs and Border Protection (CBP) has posted a notice to its Web site announcing that the tariff-rate quota (TRQ) for tuna and skipjack, in airtight containers, not in oil, in containers, weighing with their contents not over 7 kg each, which opened on January 3, 2007, exceeded the preliminary TRQ limit at the opening. All entries presented at the over-quota (high) rate since the opening have been charged and may be released.
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1. Preliminary TRQ for Tuna and Skipjack Filled at Opening on Jan 3, 2007
CBP states that it will be informed of the final TRQ limit in March 2007, at which time CBP will issue proration and liquidation instructions to the field/trade. CBP adds that entries should continue to be submitted at the over-quota rate.
CBP states that if a warehouse entry is liquidated prior to CBP's receipt of the final TRQ limit, CBP recommends that the importer file a protest to ensure proper processing of any applicable refund once the final proration is determined. (QBT-07-502, dated 01/05/07, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2007/07_502.ctt/07_502.doc )
2. 2007 TRQ on Ethyl Alcohol Opened January 3, 2007
CBP has posted to its Web site a notice announcing that the 2007 TRQ for qualifying ethyl alcohol from Caribbean countries and Insular Possessions as provided for in HTS Chapter 99, Subchapter I opened on Wednesday, January 3, 2007 at 12:00 p.m. EST, or its equivalent in other time zones.
The global low-duty quantity is 351,800,000 gallons, while El Salvador has a low-duty quantity of 7,925,186 gallons. CBP notes that if El Salvador fills its allocation any further imports will be charged to the global restraint limit.
(See CBP's notice for applicable HTS numbers as well as a list of Caribbean countries and Insular Possessions, etc.) (QBT-07-500, dated 01/05/07, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2007/07_500.ctt/07_500.doc)
3. January 11 Opening of 180-Day Special Import Quota for Upland Cotton (Announcement Number 28)
CBP has posted to its Web site a notice announcing a "weekly" special import quota of 21,253,330 kg for upland cotton purchased not later than April 10, 2007 and entered under HTS 9903.52.28. The quota period is January 11, 2007 through July 9, 2007; the opening date is January 11, 2007.
According to CBP, the use of the "special import quota" is at the importer's option and the TRQ quantity is not subject to the TRQs in HTS Chapter 52 Additional U.S. Notes (AUSNs) 5 through 10. CBP has previously stated that these 180-day quotas are established pursuant to a 1991 Presidential Proclamation, are "triggered" by high C.I.F Northern European cotton prices, and are provided for in HTS Chapter 99, Subchapter III, U.S. Note 6. (See notice for special instructions concerning the requirement for an original foreign government certificate and a certification by the importer.) (QBT-07-501, dated 01/05/07, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2007/07_501.ctt/07_501.doc)
4. 2007 Vietnam Textile and Apparel Quota Limits
CBP has issued a notice announcing the 2007 quota limits for certain textile and apparel articles produced or manufactured in Vietnam that are exported from Vietnam during the period of January 1, 2007 - December 31, 2007. 1
In its notice, CBP lists the 2007 textile and apparel quota limits that were determined before a December 29, 2006 action which reduced the 2007 quota limits for fourteen quotas- 200, 332, 334/335, 338/339, 340/640, 341/641, 342/642, 347/348, 359S/659S, 440, 620, 632, 638/639, and 647/648. (See ITT's Online Archives or 12/20/06 news, 06122000, for BP summary of CITA notice establishing 2007 quotas for Vietnam textiles and apparel. See ITT's Online Archives or 01/03/07 news, 07010305, for BP summary of the fourteen quotas being decreased.)
(See ITT's Online Archives or 12/20/06 news, 06122000, for BP summary stating that overshipments of 2006 exports would be charged to 2007 limits and there would be no delayed, staged entry; also that 2007 Vietnam quotas, etc. are to be removed for exports on or after January 11, 2007, the date it joins the WTO.)
1 These quotas were scheduled to open on January 2, 2007; however, they opened on January 3, 2007 due to the closure of Federal offices on January 2, 2007.
(QBT-06-042, dated 12/21/06, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2006/06_042.ctt/06_042.doc)
5. CBP Announces 2007 Agricultural/Surplus Sugar DR-CAFTA TRQs
CBP has posted to its Web site a notice announcing the 2007 tariff-rate quotas (TRQs) for agricultural products (including trade surplus sugar) described in HTS Chapter 98, Subchapter XXII, U.S. Note 25 and HTS Chapter 99, Subchapter XV, U.S. Notes 4 through 14 with respect to the U.S.-Dominican Republic-Central American Free Trade Agreement (DR-CAFTA)1.
(CBP explains that the DR-CAFTA provides quantitative restraints associated with a reduced duty rate for agricultural products that meet the requirements for a "qualifying good." A qualifying good is one that meets the product specific rule of origin, however any U.S. operations or materials are considered non-originating.
Most or all of these TRQs have a duty-free in-quota limit. Some also have an over-quota (high-duty) limit, while others additionally have a safeguard (high-duty rate) once that over-quota limit is filled. See the U.S. Notes for applicable safeguard rates.)
According to CBP, these 2007 TRQs are calendar year and opened on January 3, 20072:
Trade surplus sugar/syrup/products. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) TRQ amounts of sugar, sugar syrup, and sugar-containing products, as provided for in HTS Chapter 98 Subchapter XXII, U.S. Note 25:
| In-Quota | |
|---|---|
| El Salvador | 24,480,000 kg |
| Guatemala | 32,640,000 kg |
| Honduras | 8,160,000 kg |
| Nicaragua | 22,440,000 kg |
CBP notes that all raw cane sugar must be sampled in accordance with Customs Directive 3820-001A. (Customs Directive, dated 05/20/99, available at http://www.cbp.gov/linkhandler/cgov/toolbox/legal/directives/3820-001a.ctt/3820-001a.txt)
(See ITT's Online Archives or 12/26/06 news, 06122620, for BP summary of USTR's announcement of these trade surplus sugar/product TRQs.)
Certain bovine meat (e.g. beef). In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) TRQ amounts of bovine meat (e.g. beef) as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 4:
| In-Quota | |
|---|---|
| El Salvador | 110,000 kg |
| Honduras | 550,000 kg |
| Nicaragua | 11,000,000 kg |
CBP states that these quantities shall be available only after the quantity allocated to "Other Countries or areas" under HTS Chapter 2, Additional U.S. Note (AUSN) 3 has been filled for that year.
Certain milk, cream, and sour cream. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of certain milk, cream, and sour cream as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 5:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 385,051 liters | 115,515 liters |
| Guatemala | 320,876 liters | 92,263 liters |
| Honduras | 588,272 liters | 176,482 liters |
| Nicaragua | 267,396 liters | 80,219 liters |
Certain milk, cream, sour cream, butter, butter substitutes, etc. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of milk and cream, sour cream, butter, butter substitutes, etc. as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 6:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 63,000 kg | 19,000 kg |
| Honduras | 105,000 kg | 32,000 kg |
Certain milk, cream, yogurt, whey, confectionary, chocolate, infant preparations, mixed dough, etc. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of milk, cream, yogurt, whey, confectionary, chocolate, infant preparations, mixed dough, etc. as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 8:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 126,000 kg | 38,000 kg |
| Guatemala | 263,000 kg | 79,000 kg |
| Nicaragua | 105,000 kg | 32,000 kg |
Certain cheese and curd. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of cheese and curd as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 10:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 473,000 kg | 142,000 kg |
| Guatemala | 525,000 kg | 158,000 kg |
| Honduras | 368,000 kg | 110,000 kg |
| Nicaragua | 656,000 kg | 197,000 kg |
Certain cheese and curd. In its notice, CBP states that the below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of cheese and curd as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 11:
| In-Quota | |
|---|---|
| Nicaragua | 263,000 kg |
Certain peanuts. In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of peanuts as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 12:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 525,000 kg | 158,000 kg |
| Nicaragua | 10,000,000 kg | 3,000,000 kg |
Certain peanut butter and paste. In its notice, CBP states that the below-listed DR-CAFTA country has access to the following in-quota (duty-free) TRQ amount of peanut butter and paste as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 13:
| In-Quota | Over-Quota | |
|---|---|---|
| Nicaragua | 308,000 kg | 92,000 kg |
Certain ice cream.In its notice, CBP states that the below-listed DR-CAFTA countries have access to the following in-quota (duty-free) and over-quota (high-duty) TRQ amounts of ice cream as provided for in HTS Chapter 99 Subchapter XV, U.S. Note 14:
| In-Quota | Over-Quota | |
|---|---|---|
| El Salvador | 81,554 liters | 24,466 liters |
| Guatemala | 203,883 liters | 61,165 liters |
| Honduras | 50,971 liters | 15,291 liters |
| Nicaragua | 280,338 liters | 84,101 liters |
CBP notes that "P" should be used as the primary SPI indicator.
1 DR-CAFTA is also abbreviated as CAFTA-DR.
2 These TRQs were scheduled to open on January 2, 2007; however, they opened on January 3, 2007 due to the closure of Federal offices on January 2, 2007.
(Note that CBP's QBT states that these TRQs also include ethyl alcohol.)
CBP Contact- Christine Kegley (202) 344-2319
QBT-06-616 (dated 12/21/06) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/qbt2006/06_616.ctt/06_616.doc
6. Various Postings to CBP's Web Site
CBP has posted to its Web site the following:
Agriculture inspection overview. CBP has posted an overview of its agriculture inspection process, including a discussion of the role of its more than 2,000 agriculture specialists (Overview, dated 12/26/06, available at http://www.cbp.gov/xp/cgov/import/commercial_enforcement/agric_quar_insp/agri_ins_overview.xml.)
Customs Mutual Assistance Agreements by country. CBP has posted a list of the 59 customs administrations with which CBP has Customs Mutual Assistance Agreements (CMAAs) as of November 2006. (CMAA list available at http://www.cbp.gov/xp/cgov/border_security/international_activities/international_agreements/cmaa.xml.)
New Port Director for San Luis, AZ port of entry. CBP has issued a press release announcing that as of December 19, 2006, the port of entry in San Luis, Arizona has a new Port Director, William K. Brooks. (CBP press release, dated 12/28/26, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/122006/12282006.xml)
What is Project 28? CBP has posted an answer to the question "What is Project 28?" According to CBP, Project 28 is the first operational task order awarded to Boeing as part of the SBInet contract it won in September 2006. CBP further states that Project 28 flanks the Sasabe Port of Entry on the U.S.-Mexico border in Arizona. (QBP answer, dated 12/29/06, available at http://www.cbp.gov/xp/cgov/newsroom/highlights/cbp_responds/project_28.xml.)
Secure Border Initiative Monthly newsletter. CBP has posted the first Secure Border Initiative Monthly newsletter. The newsletter includes articles on the Secure Border Initiative: A Comprehensive Border Security Solution, Project 28: First Task Order; Conceptual Drawing of Project 28; etc. (Newsletter, dated December 2006, available at http://www.cbp.gov/linkhandler/cgov/border_security/sbi/sbi_information/sbi_newsletter.ctt/sbi_newsletter.pdf.)
New Director of South Texas ports. CBP has issued a press release announcing Terry L. Estell as the new Area Port Director for the Texas ports of Houston, Galveston, Freeport, Corpus Christi and Port Arthur. (Press release, dated 01/04/07, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/01042007.xml.)
Focused Assessment Program points of contact. CBP has posted the names, titles, and phone numbers for four Focused Assessment Program (FAP) points of contact. (List, dated 12/18/06, available at http://www.cbp.gov/xp/cgov/import/reg_audit/focused_assessment/fap_poc.xml.)