CBP CSMS Messages and Web Postings

1. January 15 Opening of 180-Day Special Import Quota for Upland Cotton

The quota period is January 15 - July 13, 2009; to be counted under this quota, the cotton must be imported during this period and purchased not later than April 14, 2009. The opening date was scheduled for January 15, 2009. (QBT-09-505, dated 01/13/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2009/qbt_09_505.ctt/qbt_09_505.pdf)

2. 2009 Preliminary TRQ for Tuna and Skipjack Oversubscribed at Opening

CBP has posted a memorandum announcing that the tariff rate quota 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 2, 2009, exceeded the preliminary TRQ limit at the opening. Entries should continue to be submitted at the over-quota (high) rate.

CBP states that it will be informed of the final TRQ limit in March 2009, at which time CBP will issue proration and liquidation instructions to the field/trade.

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-09-501, dated 01/09/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2009/qbt_09_501.ctt/qbt_09_501.pdf)

3. Netherlands' MAQ for Certain Condensed Milk is Satisfied

CBP has posted a memorandum regarding the 2009 low-duty TRQ for milk and cream, condensed or evaporated, provided for in HTS Chapter 4, Additional U.S. Note 11, which opened on January 2, 2009. According to CBP, the minimum access quantity (MAQ) for condensed milk in airtight containers from the Netherlands was satisfied. The balance in excess of this MAQ was applied to the "Any country" limit.

The MAQs were not reached for other countries/commodities. Therefore, the in-quota rate is still available on a first-come, first-serve basis until the balance is exhausted. (See CBP's notice for a list of MAQs that have not been reached, etc.) (QBT-09-504, dated 01/09/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2009/qbt_09_504.ctt/qbt_09_504.pdf)

4. 2009 Chile FTA Artichokes TRQ Did Not Oversubscribe Opening

CBP has posted a memorandum announcing that the 2009 TRQ for artichokes from Chile, provided for in HTS Chapter 99, Subchapter XI, U.S. Note 13, entered pursuant to the U.S. Chile Free Trade Agreement (UCFTA), which opened on January 2, 2009, did not oversubscribe at the opening. (CBP previously stated that it expected this TRQ to oversubscribe at the opening.) (QBT-09-502, dated 01/09/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/textiles_and_quotas/qbts/qbt2009/qbt_09_502.ctt/qbt_09_502.pdf)

5. 2009 TRQs on Certain Agricultural Products from Israel Opened Jan 2nd

CBP has posted five memoranda announcing that the 2009 "low-duty" TRQs for certain agricultural products from Israel provided for in HTS Chapter 99, Subchapter VIII, U.S. Notes 3 through 7 were scheduled to open on January 2, 2009 with the following low-duty quantities (non-ABI entries required for low rates):

(See CBP notices for lists of applicable HTS numbers, etc.)

(QBT's, dated 01/13/09, are hyperlinked: QBT-08-591, QBT-08-592, QBT-08-593, QBT-08-594, and QBT-08-595)

6. Certain Expired/Expiring FTA Origin Forms Remain in Effect

CBP has issued a CSMS message stating that the following CBP forms will remain effective subsequent to their expiration dates:

CBP Form 434: North American Free Trade Agreement (NAFTA) Certificate of Origin

CBP Form 434A: NAFTA Certificate of Origin Continuation Sheet

CBP Form 446: NAFTA Verification of Origin Questionnaire

CBP Form 449: Andean Trade Promotion and Drug Eradication Act (ATPDEA) Certificate of Origin

CBP Form 450: U.S.-Caribbean Basin Trade Partnership Act (CBTPA) Certificate of Origin

CBP forms available at http://www.cbp.gov/xp/cgov/toolbox/forms/. (CSMS 09-000030, dated 01/15/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17416&page=2&srch_argv=&srchtype=&btype=&sortby=&sby)

7. CBP Message on Kosovo and Azerbaijan Receiving GSP Benefits

CBP has issued a CSMS message on Proclamation 8330, which, among other things, designated the Republics of Kosovo and Azerbaijan as beneficiary developing countries under the Generalized System of Preferences (GSP). These designations are effective for goods entered or withdrawn from warehouse for consumption on of after February 1, 2009. CBP notes that goods of Kosovo should use newly assigned ISO code KV. (See ITT's Online Archives or 12/24/08 news, 08122410, for BP summary of Proclamation 8330.) (CSMS 09-000023, dated 01/13/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17409&page=&srch_argv=09-000023&srchtype=all&btype=&sortby=&sby)

8. CBP Memo on Bolivia's ATPA/ATPDEA Suspension

CBP has posted a memorandum on Proclamation 8323, which suspended Bolivia's designation as an Andean Trade Preference Act (ATPA)/Andean Trade Promotion and Drug Eradication Act (ATPDEA) beneficiary country effective December 15, 2008. CBP states that separate instructions will be sent to address any textile-specific aspects of Bolivia's suspension. (See ITT's Online Archives or 12/05/08 news, 08120505, for BP summary of Proclamation 8323.) (Memo, posted 01/13/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/special_trade_programs/atpa/bolivia_removal.ctt/bolivia_removal.doc)

9. CBP Memo on Mauritania's AGOA Removal

CBP has posted a memorandum on Proclamation 8330, which, among other things, removed Mauritania from receiving African Growth and Opportunity Act (AGOA) benefits for goods entered, or withdrawn from warehouse for consumption, as of January 1, 2009. (See ITT's Online Archives or 12/24/08 news, 08122410, for BP summary of Proclamation 8330.) (Memo, posted 01/13/09, available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/international_agreements/special_trade_programs/agoa_african_growth/memo_mauritania.ctt/memo_mauritania.doc)

10. Mexico Added to List of Countries Participating in Kimberly Scheme

CBP has issued a CSMS message stating that the State Department has issued a Federal Register notice modifying the Kimberley Process Certification Scheme list by adding Mexico as a participating nation to the KPCS. (CSMS 09-000038, dated 01/16/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17417&page=&srch_argv=09-000038&srchtype=all&btype=&sortby=&sby=)

11. ACE Problem Fixed

CBP has issued a CSMS message announcing that ACE processing was restored as of 4:14 a.m. EST on January 16, 2009. CBP previously issued CSMS messages stating that trade users were unable to transmit manifests via the EDI and the Portal and that delays with ACE processing were reported. (CSMS 09-000036, dated 01/16/09, available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17423&page=&srch_argv=09-000036&srchtype=all&btype=&sortby=&sby=)

12. Other CBP Messages and Postings

ACE application information. CBP has posted a document providing ACE application information for new and existing Portal accounts. (Posted 01/15/09, available at http://www.cbp.gov/linkhandler/cgov/trade/automated/modernization/ace_app_info/ace_app_instructions.ctt/ace_app_instructions.pdf)

NEXUS fact sheet. CBP has posted a fact sheet on NEXUS, the joint program with the Canada Border Services Agency that allows pre-screened, approved travelers faster processing. (Dated 01/15/09, available at http://www.cbp.gov/linkhandler/cgov/newsroom/fact_sheets/travel/nexus_fact.ctt/nexus_fact.pdf)

CBP to deactivate older SENTRI frequent travel cards. CBP has issued a news release announcing that it will cancel old Secure Electronic Network for Travelers Rapid Inspection cards for current SENTRI members on January 26, 2009. (News release, dated 01/15/09, available at http://www.cbp.gov/xp/cgov/newsroom/news_releases/01152009.xml)

VWP overview. CBP has posted an overview of the Visa Waiver Program. (Overview, posted 01/15/09, available at http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/vwp.xml)

ESTA FAQs. CBP has posted a frequently asked questions document regarding the Electronic System for Travel Authorization (ESTA), an automated system that will assist in determining eligibility to travel to the U.S. under the Visa Waiver Program. (Posted 01/15/09, available at http://www.cbp.gov/linkhandler/cgov/travel/id_visa/esta/about_esta/esta_faq.ctt/esta_faq.pdf)

Fall/Winter 2008 edition of Frontline magazine posted. CBP posted the Fall/Winter 2008 issue of its Frontline magazine, CBP's quarterly magazine on border security. (Posted 01/15/09, available at http://www.cbp.gov/linkhandler/cgov/newsroom/publications/frontline_magazine/frontline_fallwin.ctt/frontline_fallwin.pdf)