Update on CBP's Revised Instructions on Filing and Substantiating Claims Under the SFTA
U.S. Customs and Border Protection (CBP) recently issued a set of amendments (dated September 16, 2004)1 to the January 30, 2004 version of its instructions on the filing and substantiation of claims for preferential tariff treatment under the U.S.-Singapore Free Trade Agreement (SFTA, or SGFTA).
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(See ITT's Online Archives or 10/08/04 news, 04100820 for earlier BP summary of the September 16, 2004 set of amendments.)
Broker Power is now updating its summary of this set of amendments in order to additionally cover (1) the specific revisions to the three examples in the section entitled "Verification by CBP" and (2) the "action" section of the set of amendments, as follows:
Verification by CBP - CBP has revised this section's three examples of the actions CBP may take when verifying a SFTA claim:
Example 1. Revised to newly state that CBP may, at its discretion, issue a CBP Form 28(Request for Information) to the exporter/producer.
(The example continues to state that if the requested information is not in the importer's possession, the importer may also have the exporter or producer provide it directly to CBP.)
Example 2. Revised to newly state that if the importer is unsuccessful in either obtaining the documentation from the exporter or producer or in arranging for the exporter/producer to provide CBP with the documentation, CBP will issue a negativedetermination to the importer.
(The example had previously stated that when the importer is similarly unsuccessful, CBP may issue a CBP Form 28 directly to the exporter or producer in Singapore.)
Example 3. Revised to newly state that CBP could conduct a joint visit (CBP and Singapore Customs together), if consent is given, after both parties adopt procedures for such a visit.
(The example had previously stated that CBP could conduct a joint visit (CBP and Singapore Customs together) if consent is given, to the exporter or producer's premises for textiles and apparel only.)
Automated Processing, etc. - The "Action" section is revised to state that program updates to ACS, which allow for the automated entry of imports claiming SFTA preferential treatment, were completed in February 2004, and the Special Program Indicator (SPI) "SG" will appear on all entry summaries for which SFTA preferential treatment is claimed for non-Integrated Sourcing Initiative (ISI) goods only.
CBP states that all ISI goods - those goods that appear on the list in General Note 25(m) of the U.S. Harmonized Tariff Schedule - will not use the SPI "SG".
Instead, these goods will be entered under the primary tariff number 9999.00.84, and the secondary tariff number (the actual descriptive tariff classification number) will appear on the next line. CBP notes that even ISI goods with Singapore as the country of origin should be entered using the Chapter 99 number.
1 The September 16th set of amendments is in addition to, and does not replace, the January 30, 2004 version of CBP's SFTA instructions. In addition, the initial January 23, 2004 version is no longer available on CBP's web site. It was replaced by the January 30, 2004 version which contains one additional paragraph under the section ""Determination of a Claim," regarding the suspension of SFTA preferential treatment if CBP determines through verification that the importer has falsely, or without substantiation, certified more than once that a good qualifies as originating.)
(See ITT's Online Archives or 02/11/04 news, 04021110 for BP summary of CBP's initial January 23, 2004 version of these instructions. See ITT's Online Archives or 10/08/04 news, 04100820 for earlier BP summary of the September 16, 2004 set of amendments.
See ITT's Online Archives or 05/13/04 news, 04051320 for BP summary on transmitting SFTA ISI claims (9999.00.84) through ABI. See ITT's Online Archives or 02/25/04 news, 04022505 for BP summary of submitting SFTA claims through ABI)
CBP set of amendments to its January 30, 2004 SFTA instructions (dated 09/16/04), available at http://www.cbp.gov/linkhandler/cgov/import/international_agreements/us_sgfta/singapore_fta_ammend.ctt/singapore_fta_ammend.doc
CBP's SFTA instructions (dated January 30, 2004), available at http://www.cbp.gov/linkhandler/cgov/import/international_agreements/us_sgfta/singapore_fta_instruct.ctt/singapore_fta_instruct.doc