On October 15, 2020, US Customs and Border Protection issued CSMS #44437979 – GUIDANCE: Caribbean Basin Trade Partnership Act (CBPTA) Renewal with Procedures for Retroactive Duty Refunds., which is reproduced below:
The purpose of this guidance is to inform the Trade of the renewal of the Caribbean Basin Trade Partnership Act (CBTPA) and to provide information on the procedures for requesting a refund of duties paid during the lapse.
On Saturday, October 10, 2020, the President signed bill H.R. 991, the “Extension of the Caribbean Basin Economic Recovery Act,” extending CBTPA for goods entered or withdrawn from warehouse for consumption from October 1, 2020 through September 30, 2030.
Requesting Duty Refund
Additionally, this bill allows for the refund of duties paid by the importer on CBTPA-eligible goods entered during the lapse period, October 1, 2020 through October 14, 2020.
Importers may file a Post Summary Correction (PSC) requesting a refund of duties paid on goods that were eligible for CBTPA during the lapsed period. The PSC must be filed in a timely manner. If an entry has already liquidated, the refund request may be submitted as a protest. (19 USC 1514, 19 CFR 174).
Filing CBTPA Claims
On and after October 15, 2020, the Automated Commercial Environment (ACE) will accept CBTPA (special program indicator “R”) claims, as well as the following provisional HTS numbers for textile and apparel goods:
- 9820.11.03 9820.11.06
- 9820.11.09 9820.11.12
- 9820.11.15 9820.11.18
- 9820.11.21 9820.11.24
- 9820.11.27 9820.11.30
- 9820.11.33 9802.00.8044
Post-Importation CBTPA Claims on Importations Prior to Expiration
Importations made on or before September 30, 2020, remain unaffected by the aforementioned instructions. Importers may continue to make post-importation CBTPA claims in accordance with applicable PSC and protest procedures (19 USC 1514, 19 CFR 174).
Questions concerning this guidance should be directed to the CBP Trade Agreements Branch at [email protected].