CBP Issues Instructions on Filing Claims Under the Oman FTA (Part I)
U.S. Customs and Border Protection (CBP) has issued a memorandum titled: "US-Oman Free Trade Agreement Implementation Instructions," that provides instructions for the filing and acceptance of claims for preferential treatment of goods under the U.S.- Oman Free Trade Agreement (OFTA, or UOFTA).
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According to CBP, the OFTA was implemented by Presidential Proclamation 8332, and is effective for goods entered or withdrawn from warehouse for consumption on or after January 1, 2009.
The proclamation provides for, among other things, the immediate or staged elimination of duties and barriers to bilateral trade in goods and services originating in the U.S. and/or Oman. ITC Publication 4050, which is incorporated into the proclamation by reference, amends the Harmonized Tariff Schedule (HTS) by adding a new General Note 31 containing specific information regarding the OFTA and a new Subchapter XVI to HTS Chapter 99 to provide for temporary tariff rate quotas (TRQs) implemented by the OFTA. The publication also amends the HTS to provide for immediate and staged tariff reductions. (See ITT's Online Archives or 12/30/08 news, 08123005 for Part BP notice announcing issuance of Proclamation 8332 on the OFTA.)
This is Part I of a multi-part series of summaries of CBP's instructions. See future issues of ITT for additional summaries.
Claims May be Filed Effective January 1, 2009; Summaries Must be Non-ABI Until Programming Completed
Effective January 1, 2009, CBP states that importers and brokers may file claims for preferential tariff treatment on qualifying goods under the OFTA. These claims shall be made at the time of entry summary by placing on the CBP Form 7501 the SPI "OM" as a prefix to the HTS number for each line on which preferential tariff treatment is claimed.
CBP explains that the programming updates to the Automated Commercial System (ACS) allowing for automated processing have not yet been completed. Therefore, until further notice, importers claiming preference under the OFTA must either file entries manually or file ABI entries at release and follow through with manual entry summaries.
Overview of CBP's Implementation Instructions for the OFTA
CBP's Instructions are divided into the following sections:
- General Rules of Origin
- Cumulation
- Direct Shipment/Transit and Transhipment
- Claims at Entry Summary
- Declaration Requirements
- Textiles and Apparel
- Tariff Preference Levels (TPL) Textiles & Apparel - Quantitative Restraint
- Other Textile and Apparel Goods of Oman
- De Minimis (Textiles)
- Treatments of Sets (Textiles)
- Agricultural Tariff Rate Quotas (TRQs)
- Quota (TPL and TRQ)
- Eligible Articles (Non-Textile and Textile)/Immediate and Staged Reductions
- CBP Verification
- Determination of a Claim
- Post Importation Claims
- Correcting of OFTA Claims
- Protest Rights
- Merchandise Processing Fees (MPF) and Harbor Maintenance Fees (HMF)
- Termination of Agreement
CBP OFTA Textile and Apparel contact: Bob Abels (202) 863-6503
CBP OFTA Quota contact: Laura Dempsey (202) 863-6509
CBP Other OFTA Issues contact: Seth Mazze (202) 863-6509
CBP's OFTA Implementation Instructions (dated 01/07/09) available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/free_trade/oman/ofta_instructions.ctt/ofta_instructions.doc