« AnteriorContinuar »
Authority: R.S. 251, as amended, sec, 624, 46 Stat. 759, 77 A Stat, 14; 5 U.S.C.
301, 19 U.S.C. 66, 1202 (Gen. Hdnote. 11), and 1624. 132.0 Scope.
This part sets forth rules and procedures applicable to quotas administered TD 73-203. by the United States Custom Service,
Subpart A--GENERAL PROVISIONS 132.1 Definitions. When used in this part, the following terms shall have the meaning indicated:
(a) Absolute (or quantitative ) quotas. "Absolute (or quantitative) quotas" are those which permit a limited number of units of specified merchandise to be entered or withdrawn for consumption during specified periods. Once the quantity permitted under the quota is filled, no further entries or withdrawals for consumption of merchandise subject to quota are permitted. Some absolute quotas limit the entry or withdrawal of merchandise from particular countries (geographic quotas) while others are global quotas and limit the entry or withdrawal of merchandise not by source but by total quantity.
(b) Tariff-rate quotas, "Tariff-rate quotas" permit a specified quantity of merchandise to be entered or withdrawn for consumption at a reduced duty rate during a specified period.
(c) Official acceptance. "Official acceptance'' is the final acceptance of the entry or withdrawal for consumption after filing the documents in the proper form in accord with sections 141.68(a), (b), (d), and (e) of this chapter, and depositing estimated duties with the appropriate Customs officer.
(d) Presentation, "Presentation" is the submission of the entry or withdrawal for consumption in proper form, with estimated duties attached, to the appropriate Customs officer.
(e) Quota-class merchandise. "Quota-class merchandise" is any imported merchandise subject to limitatons under an absolute or a tariff-rate quota.
(f) Quota priority. "Quota priority" is the precedence granted to one entry or withdrawal for consumption of quota-class merchandise over other entries or withdrawals of merchandise subject to the same quota.
(g) Quota status. "Quota status" is the standing which entitles quota-class merchandise to admission under an absolute quota, or to a reduced rate of duty under a tariff-rate quota, or to any other quota benefit. 132.2 Enactment and administration of quotas.
(a) Enactment. Tariff-rate quotas and absolute quotas are established by Presidential proclamations, Executive orders, and legislative enactments. These documents are pulished in the Cusoms Bulletin,
(b) Administration. Quotas vary by the type of commodity involved, the country of exportation, the period or periods the quota is open and the type of quota. Quotas are divided into two categories: Quotas administered directly by the United States Customs Service, and quotas administered by other agencies which are enforced by the United States Customs Service, and which may require special procedures or special documentation in accordance with the regulations and directives of the particular agency involved.
(c) Strict construction employed. The terms of a Presidential proclamation, Executive order, or legislative enactment establishing a quota, and the regulations implementing the quota, must be strictly complied with.
132.3 Observation of official hours.
Entries and withdrawals for consumption of quota-class merchandise shall be accepted only during official office hours except as otherwise provided for in section 132,12, and sections 141.62(b) and 142,11 of this chapter. 132.4 Quota quantity entry limits.
At the opening of the quota no importer shall be permitted to present entries or withdrawals for consumption of quota-class merchandise for a quantity in excess of the quantity admissable under the applicable quota. 132.5 Merchandise imported in excess of quota quantities.
(a) Absolute quota merchandise. Absolute quota merchandise imported in excess of the quantity admissible under the applicable quota must be disposed of in accordance with paragraph (c) of this section.
(b) Tariff-rate quota merchandise. Merchandise imported in excess of the quantity admissible at the reduced quota rate under a tariff-rate quota is permitted entry at the higher duty rate. However, it may be disposed of in accordance with paragraph (c) of this section,
(c) Disposition of excess merchandise. Merchandise imported in excess of either an absolute or a tariff-rate quota may be held for the opening of the next quota period by placing it in a foreign-trade zone or by entering it for warehouse, or it may be exported or destroyed under Customs supervision. 132.6 Exception to reduced rates.
Reduced or modified duty rates under tariff-rate quotas established pursuant to section 350 of the Tariff Act of 1930, as amended and extended (19 U.S.C. 1351), are not applicable to products imported directly or indirectly from the countries or areas listed under General Headnote 3(e), Tariff Schedules of the United States, as amended (19 U.S.C. 1202).
Subpart B--ADMINISTRATION OF QUOTAS
132.11 Quota priority and status.
(a) Factors determining quota priority and status.--(1) Absolute (quantitative) quotas.
Quota priority and status on absolute quota merchandise are determined as of the time of presentation of the entry or withdrawal for consumption in the proper form.
(2) Tariff-rate quotas. The time of official acceptance of an entry or withdrawal for consumption determines quota priority and status of merchandise subject to tariff-rate quotas, except at the opening of the quota period. At the opening of the quota period, the time of presentation of the entry or withdrawal for consumption in proper form determines quota priority and status.
(b) Entry in proper form and deposit required. Entries or withdrawals for consumption, for which the documents are not in proper form or for which duties
taxes have not been attached or deposited in proper form, shall not be regarded as entered for purposes of quota priority and shall not acquire quota status. See sections 141.4, 141.63, 141.65, 141.68, 141.69, and 141.101 of this chapter.
(c) Informal entries. Mail entries or informal entries shall be regarded as presented for purposes of quota priority when all requirements have been met for the preparation of such an entry.
(d) Premature presentation of entry or withdrawal. Quota status will not attach to merchandise in a quota period by reason of the presentation of an entry or withdrawal for consumption at any time prior to the opening of that period. 132.12 Procedure on opening of potentially filled quotas.
(a) Time for presentation of entries. When it is anticipated that entries or withdrawals for sumption, or both, covering quantities sufficient to fill a quota will be presented at the opening of the quota period, an entry or withdrawal for consumption shall not be accepted before 12:00 noon eastern standard time in all time zones.
(b) Simultaneous presentation. Special arrangements shall be made so that all entries or withdrawals for consumption of quota merchandise may be presented at the exact moment of the opening of the quota in all the time zones in the Customs territory of the United States, All importers who are present to file entries or withdrawals for consumption when the quota opens shall be given equal opportunity to do so. All entries and withdrawals for consumption presented in the proper form shall be considered to have been presented simultaneously, even though some time may be required for checking purposes.
(c) Proration of quantities. The quantities on all entries and withdrawals for consumption submitted simultaneously shall be prorated by the Commissioner of Customs against the quota quantity admissible to determine the percentage to be allocated to each importer under the quota, Merchandise in excess of the quota will be disposed of in accordance with section 132.5. 132.13 Quotas after opening.
(a) Procedure prior to fulfillment. In order to secure for each importer the rightful quota priority and status for his quota-class merchandise and to close the quota simultaneously at all ports of entry, the Commissioner of Customs may require that authorization prior to the acceptance of an entry or withdrawal be secured or that entry or withdrawal for consumption be made at over-quota rates of duty or that special release of merchandise procedures be followed and that reports be made to the United States Customs Service as follows:
(1) Absolute quotas. The appropriate Customs officer shall note the exact date, hour, and minute of presentation on each entry or withdrawal and shall report the foregoing facts to the Commissioner of Customs and secure his approval prior to the officialacceptance of the entry or withdrawal for consumption.
(2) Tariff-rate quotas. The appropriate Customs officer shall note the exact date, hour, and minute of official acceptance on each entry and withdrawal for consumption and report the foregoing facts to the Commissioner of Customs.
(b) Closing of the quota. Except as provided by section 132,12, at the closing of a quota all entries or withdrawals for consumption which have acquired quota status due to priority of presentation or of official acceptance shall be entitled to quota benefits. All other entries or withdrawals are without quota status and are not entitled to any quota benefits. All the latter shall be disposed of in accordance with section 132.5. 132.14 Issuance of permits of delivery and special permits for immediate deliv
(a) Effect of issuance of permits of delivery and special permits for immediate delivery prior to entry. A permit of delivery, or a special permit for immediate delivery prior to entry, does not accord quota priority or status, nor is it entitled to any consideration in according any quota benefit.
(b) Permits of delivery.--(1) Absolute quota merchandise. Permits of delivery on merchandise subject to an absolute quota shall not be issued prior to a determination of quota status,
(2) Tariff-rate quota merchandise. Permits of delivery on merchandise subject to a tariff-rate quota shall not be issued prior to a determination of quota status unless estimated duties are deposited at the over-quota rate of duty.
(c) Entry following special permit for immediate delivery. If quota-class merchandise is the subject of an application for a special permit for immediate delivery prior to entry, the time of presentation of the entry for consumption shall not precede the time when the importing carrier reaches the limits of the port where entry is to be made. See sections 141.69 and 142.11 of this chapter on the time allowed for filing the entry at the close of a quota period. 132.15 Withdrawal from warehouse prior to opening of quota.
Merchandise entered for warehouse for which a withdrawal for consumption has been made in the manner prescribed in section 141.68 (d) of this chapter prior to the opening of any quota period, may not be accorded any quota benefit which may become effective after the time of acceptance of such withdrawal, even though the permit of delivery for the withdrawn merchandise is not delivered to the Customs warehouse officer until after the effective date of the quota benefit.
Subpart C--MAIL IMPORTATION OF ABSOLUTE QUOTA MERCHANDISE
132.21 Regulations applicable.
In addition to the regulations applicable to all mail importations (see Part 145 of this chapter), the regulations in this subpart shall apply to mail importations of absolute quota merchandise.
132.22 When quota is filled.
Any packages containing merchandise subject to an absolute quota which is filled shall be returned to the postmaster for return to the sender immediately as undeliverable mail. The addressee will be notified on Customs Form 3509 or in any other appropriate manner that entry has been denied because the quota is filled,
132.23 Partial release procedure.
(a) Notification of quota restrictions. If because of quota restrictions, a mail importation cannot be released, the district director at the port of destination shall notify the addressee on Customs Form 3509 of the procedure required by paragraph (b) of this section, and shall inform the addressee that upon return of the Acknowledgement of Delivery by Postal Service, the packages admissible under the absolute quota will be forwarded to him and the restricted packages will be returned to the sender as inadmissible. The district director may at his discretion hold packages if it appears that the absolute quota will reopen in less than 30 days.
(b) Acknowledgement of Delivery. An Acknowledgement of Delivery by Postal Service shall be sent to the addressee. He shall be advised that if he desires to secure release of less than the total numberof packages of the merchandise, the Acknowledgement of Delivery by Postal Service must be signed by him and returned to the district director. Such Acknowledgement of Delivery by Postal Service shall be in the following form:
ACKNOWLEDGEMENT OF DELIVERY BY POSTAL SERVICE
In consideration of the fact that certain articles in a mail importation consisting of
_(state num ber) packages mailed to me by
(name of sender) of
(address) on (date of mailing), are subject to quota restrictions under which only a portion of such articles may be admitted to entry at one time, and the Postal Service permits no division of the importation before delivery thereof, and since I am desirous of receiving the packages of such importation which are admissible to entry under the quota administered by the United States Customs, I hereby agree and acknowledge that delivery of the package or packages to the United States Customs shall be regarded as delivery by the Postal Service to me,
(Signature of Addressee)
(c) Agreement to less than full delivery. If, in any case the sender of a mail package has indicated his agreement to the delivery of less than the entire importation at one time, an Acknowledgement of Delivery by Postal Service need not be secured from the addressee.
(d) Deposit required. If a portion of a mail shipment may be released, the district director may require a deposit of an amount sufficient to defray the expenses of repacking merchandise for shipment by mail to the addressee. The shipment shall be under Government frank without new postage.
Unless a formal entry or entry by appraisement is required, a mail entry on Customs Form 3419 shall be issued and forwarded with the package to the postmaster for delivery to the addressee and collection of any duties in the same manner as for any other mail package subject to Customs treatment.
132.25 Undeliverable shipment.
If within a reasonable time, but not to exceed 30 days, the addressee fails to indicate to the district director an intention to receive delivery of the packages
a portion thereof in accordance with the notice on Customs Form 3509 which