CBP Amends 2011 Memo on ATPA/ATPDEA Refunds to List J*, 9821
U.S. Customs and Border Protection has issued an amendment to its October 2011 memorandum on the renewal of the Andean Trade Preference Act and the Andean Trade Promotion and Drug Eradication Act, and the procedures for duty refunds for merchandise entered or withdrawn from warehouse for consumption during the period in which the ATPA and ATPDEA programs lapsed (February 13, 2011 through November 4, 2011). The amendment involves the SPI "J*" and HTS 9821.
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SPI "J*" and HTS 9821 Retroactively Renewed, Along with "J" and "J+"
In its amendment, CBP states that its October 2011 memorandum announced the retroactive renewal of both the ATPA and ATPDEA programs, from November 5, 2011 through July 31, 2013.
However the memorandum omitted mention that all benefits conferred upon goods entered or eligible to be entered with special program indicator (SPI) “J” or “J+” were also applicable to goods entered or eligible to be entered with (1) SPI “J*” (as detailed in HTS General Note 11) or (2) HTS number 9821 (goods eligible for special ATPDEA benefits).
(Note the original memorandum stated that filers could begin filing the SPI "J" or "J+" (as detailed in HTS General Note 11) beginning November 5, 2011, and listed the information that needed to be in the refund request for entries during the lapsed period. The original memorandum also stated that refund requests needed to be made via Post Summary Correction for ACE entry summaries, and that for other entry summaries, claims should be made via post-entry amendment (PEA) or protest, as long as they meet the applicable time requirements. CBP sources had noted by phone that a refund can also be requested via letter. All refund requests are due by April 18, 2012.
See ITT's Online Archives 11102715 for summary of the original memorandum.)