Newly Released CBP HQ Rulings May 17
The Customs Rulings Online Search System (CROSS) was updated May 17 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H328370: AFR of Protest No. 2304-21-102284; NAFTA Preference Claim under 19 U.S.C. § 1520(d)
| Ruling: The importer’s claim for NAFTA preference under 19 U.S.C. § 1520(d) was improperly denied as to the October 29, 2019 entry. This protest should be GRANTED. |
| Issue: whether the protestant’s NAFTA preferential tariff treatment claim should have been granted |
| Items: Certain control panels and parts. |
| Reason: The protestant's Section 1520(d) claim was filed electronically within one year of the date of importation, as required by 19 U.S.C. § 1520(d) and 19 C.F.R. § 181.32, and consistent with Customs Directive, No. 3550-070A. The protestant presented the data elements for making a claim, but CBP's Center of Excellence and Expertise denied the claim as untimely filed on August 3, 2021. The Oct. 29, 2020 “Section 1520(d) claim/protest” was identified as a “520(d)” claim in the ACE portal and not as a “514 protest.” The Aug. 26, 2021 protest was timely as it was filed within 23 days of the denial of the protestant’s 1520(d) claim. |
| Ruling Date: March 17, 2023 |