Release of Quota-Class Merchandise under a Special Permit for Immediate Delivery

Quota-Class Merchandise and Special Permit for Immediate Delivery

Release of Quota-Class Merchandise under a Special Permit for Immediate Delivery

Release of quota-class merchandise under a special permit for immediate delivery (ID) before the proper presentation of an entry summary does not grant any priority or status, nor entitle the goods to any other quota benefit. When merchandise subject to a Tariff Rate Quota (TRQ) is released using ID procedures, quota priority and status are still determined by the date and time of presentation and are not granted until the entry summary is presented in proper form.

In addition, the entry summary must be filed within 10 working days after the merchandise is authorized for release or within the quota period, whichever occurs first. Therefore, even if TRQ merchandise is released on the last day of the quota period, the entry summary must still be filed in proper form by close of business on that day.

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In-Depth Coverage: Trade Remedies

What are the consequences when merchandise subject to a TRQ is released by a special permit for immediate delivery, the entry summary is filed after the quota period ends, and the quota has filled?

The end of the year/quota period impacts filing requirements for entries of quota-class merchandise. Since the entry summary must be filed within 10 working days or before the end of the quota period, whichever expires first, the port director may assess a claim for liquidated damages for late filing of the entry summary if the entry summary is not presented timely.

Additionally, since quota is charged to the period in which the goods were released, if the quota filled prior to submission of the entry summary, the importer must pay the over-quota (high) rate of duty because they elected to take possession of the goods and the quota filled by the time the entry summary was submitted.

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What are the consequences when merchandise subject to a TRQ is released by a special permit for immediate delivery, the entry summary is filed after the quota period ends, but the quota has NOT filled?

Even if merchandise subject to a TRQ is released by special permit for immediate delivery prior to the end of the quota period and the quota has not filled, there is no guarantee of the in-quota rate based on the date of the ID (entry). Sufficient balance must be available when the summary and payment of duties are presented, or else the over-quota (high) rate applies.

Even if the claim for preference at the in-quota (low) rate of duty is accepted, liquidated damages may still be assessed for untimely filing of the entry summary in this scenario as well, because the quota period ended prior to the 10 days allowed to file an entry summary.

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Importer Security Filing (ISF)

An ISF is required when cargo (ocean only) laden on vessel at a foreign port is destined for shipment to the U.S.  Under ISF rule, some importing information and details regarding cargo must be transmitted to the CBP at least 24 hours before goods are loaded onto the vessel, or at least 24 hours prior to the departure to the U.S. 

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Section 321 Entry allows importing free of duty and tax for shipments imported by one person on one day having a fair retail value in the country of shipment not more than $800. We provide our resident and non-resident clients with dedicated ACE eManifest solutions for Section 321 entry of all modes of transportation. 

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Customs Binding Ruling

Taking steps to ensure compliance is very important in order to avoid potential problems during the clearance process. The Customs binding ruling program enables importers to receive a binding ruling from CBP on the treatment of your goods when entering the U.S. 

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