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ARTICLE · 12 SEPTEMBER 2014

CBP Issues Guidance On Acceptable Methods Of Submitting Post-Importation Claims

Duane Morris LLP
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CBP has published a guidance to the trade community concerning "acceptable methods" for submission of post-importation claims for preferential treatment under various FTAs.

United StatesInternational Law
Brian Goldstein
Brian Goldstein
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As a follow-up to a memorandum issued by U.S. Customs and Border Protection (CBP) to its field offices on August 11, 2014, CBP has published a guidance to the trade community concerning "acceptable methods" for submission of post-importation claims for preferential treatment under various free trade agreements (FTAs).

For quite some time, importers who did not make a claim under an FTA, trade legislation and certain tariff provisions in Chapter 98 of the Harmonized Tariff Schedules of the United States have resorted to using post-entry amendments (PEAs), post summary corrections (PSCs) and protests under 19 U.S.C. 1514, and post-importation claims under 19 U.S.C. 1520(d).

In light of certain court decisions that determined that the protest vehicle was not available to make a preference claim where the liquidation (final assessment of duties, fees, etc.) was "as entered," CBP has advised the importing community that it will limit such claims to the method (and

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