CBP Amends Preference Claims Policy to Allow Post-Importation Protests

Tweet

February 23, 2017

Contributing Author:  Jacob M. Lehmann

On February 15, 2017, Customs and Border Protection (CBP) distributed guidance concerning filing methods for filing claims for duty benefits under FTA’s or preferential treatment programs. According to an internal memorandum, CBP will allow importers to use the post-importation process to file for benefits, provided that the relevant agreement’s or program’s implementing legislation makes no explicit provision for it. However, the post-importation method is the only acceptable filing method for those agreements that, by law, explicitly provide for it. Furthermore, importers may still file Post-Entry Amendment (PEA) or Post Summary Correction (PSC) claims for as yet unliquidated entries.

This overturns previous CBP guidance, issued in a letter to ports in August 2014, which stated that the post-importation mechanism was the only acceptable filing method for benefits claims, even if no explicit provision had been made. The Court of International Trade effectively struck down the policy with its August 4, 2016 decision.

Importers whose preference claims were rejected as non-protestable under the earlier policy may resubmit their protests. The deadline for resubmissions is August 15, 2017.