House-Passed Miscellaneous Trade and Technical Corrections Bill (Part II)

This is Part II of a multi-part series of summaries of H.R. 4944 and highlights the provisions that would extend African Growth and Opportunity Act (AGOA) textile and apparel benefits as well as the bill's Customs-related technical amendments. See future issues of ITT for additional summaries. (See ITT's Online Archives or 03/24/06 news, 06032405, for Part I.)

After its passage by the House, H.R. 4944 was sent to the Senate where it was referred to the Senate Finance Committee, which press sources state will develop a Senate version of a Miscellaneous Trade Bill.

AGOA Textile and Apparel Benefit Extension Through September 30, 2015

H.R. H.H.

H.R. 4944 would amend 19 USC 3721(f) in order to extend the effective date of the African Growth and Opportunity Act (AGOA) textile and apparel benefits in 19 USC 3721 through September 30, 2015 (from September 30, 2008).

(Subscribers should note that the HTS 9819.11.12 AGOA "third country" sublimit for apparel assembled or knit-to-shape and assembled, or both, in lesser developed AGOA country(ies), regardless of the country of origin of the fabric or yarn, has a different expiration date, September 30, 2007.

In addition, the standard GSP program (i.e., A, A*, and A) and the AGOA-GSP program (i.e., D) for AGOA beneficiary countries are currently in effect through September 30, 2015.)

Highlights of Customs-Related Technical Amendments

The following are "highlights" of the Customs-related technical amendments contained in H.R. 4944 (see bill text for complete description of all of the technical amendments):

Refunds prior to liquidation would not be limited to clerical errors, could be declared by importer. H.R. 4944 would amend 19 CFR 1520(a)(4) in order to allow the refund of duties or other receipts to be authorized as follows (added text is between ; deleted text is indicated by <>):

(4) Prior to liquidation. Prior to the liquidation of an entry or reconciliation, whenever an importer of record declares or it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid <by reason of clerical error>.

Time limit for merchandise in bonded warehouses could be expanded beyond 5 years. H.R. 4944 would amend 19 USC 1557(a) (withdrawal of merchandise (from bonded warehouse); time; payment of charges) in order to allow merchandise to remain in a bonded warehouse beyond the current five year limit at the discretion of CBP, upon a proper request being filed and good cause shown.

H.R. 4944 would similarly amend 19 USC 1559 (warehouse goods deemed abandoned after 5 years) in order to allow merchandise to remain in a bonded warehouse beyond the current five year limit (without being regarded as abandoned) at the discretion of CBP, upon a proper request being filed and good cause shown.

Notification of whether an IASS will be filed would no longer be required. H.R. 4944 would amend 19 USC 1484(a)(1)(A) in order to remove the requirement when making entry that notification be filed with CBP on whether an import activity summary statement (IASS) will be filed.

IASS and reconfigured entries for goods released under special delivery permit. 19 USC 1484(a)(2)(A) would be revised so that certain entry regulations provide for the filing of IASS, and permit the filing of reconfigured entries, for merchandise released under a special delivery permit.

Customs-Related Technical Amendments Would Facilitate ACE Development

CBP sources have recently stated that some or all of the Customs-related technical amendments discussed above are the result of input from the Trade Support Network (TSN), and are intended to facilitate development of the Automated Commercial Environment (ACE).

H.R. 4944 as passed by the House available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4944eh.txt.pdf.

House Ways and Means press release on passage of H.R. 4944 (dated 03/15/06) available at http://waysandmeans.house.gov/News.asp?FormMode=release&ID=381.