August 2014

No Pre-Compliance, No Refund For You!

CBP issued a message to trade, and guidance document titled “Post Importation Claims for Preferential Tariff Treatment.”

The purpose of this message is to provide guidance to the trade community concerning acceptable methods for submission of post-importation preference claims, in light of certain judicial decisions. This message is consistent with a memorandum from the Office of International Trade to field offices sent on August 11, 2014.

BACKGROUND

Historically, importers have used various post-importation mechanisms to claim duty preferences under various free trade agreements, trade preference legislation, and certain tariff provisions in Chapter 98, Harmonized Tariff Schedule of the United States. These mechanisms include Post-Entry Amendments (PEAs), Post Summary Corrections (PSCs), protests in 19 USC 1514 and post-importation claims in 19 USC 1520(d).

Several court decisions1 have held that the protest mechanism set forth in 19 USC 1514 may not be used to make a preference claim, inasmuch as the liquidation of an entry “as entered” (without a claim) is not a “protestable decision”. Headquarters Ruling Letter H193959, dated July 30, 2012, also discussed the court cases’ holding limiting use of protests for preference claims.

However, the implementing legislation for several preference programs specifically provides for post-importation claims, set forth in 19 USC 1520(d), and such claims are the only appropriate mechanism to seek preference when not claimed at the time of entry. This legislation allows post-importation claims for a one-year period after the date of importation.

Customs and Border Protection has completed a review concerning which methods are available to make claims after entry for […]

By |2021-03-26T14:35:09-04:00August 15, 2014|Pre-compliance|0 Comments

Jennifer Diaz Teaches Two Medical Device Seminars at FIME

I’m pleased to be back for my fourth year teaching at FIME! For those of you that don’t know, FIME was rated the #1 medical show in the USA by Successful Meetings Magazine. FIME runs from August 6-8, 2014 at the Miami Beach Convention Center.  You still have limited time to register to attend the conference and my seminars! This year, I’ll be presenting two seminars, both on August 6, 2014.  The two topics are:
  • 10:00 a.m.  – “How to Effectively Resolve Typical U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP) Issues for Medical Devices”
  • 12:00 p.m. – “Streamlining the Process – How to Expedite Clearance of Your Medical Devices with U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP)”

After attending this seminar, you will know how to effectively operate your business with a new understanding of how to effectively resolve the “worst case scenarios” and importantly, you will learn what compliance is necessary so you can expedite the clearance of your goods.  We will discuss how we handle everyday examples of difficult issues with both the U.S. Food and Drug Administration (FDA) and U.S. Customs and Border Protection (CBP).  FDA issues include what to do if you receive a “Notice of FDA Action” stating that a medical device is adulterated or misbranded and will be refused admission into the United States, or a “Warning Letter” that could potential state you must stop producing certain medical devices because they are […]

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