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Elimination of ITA Form 362P for Duty-Free Articles for Handicapped Persons

The International Trade Administration is notifying the public that ITA Form ITA--362P, which importers of articles for the handicapped were required to complete in order to receive duty-free treatment, has been discontinued as of May 31, 2010. Form ITA--362P has been eliminated because the majority of the information obtained through this form is currently available to ITA through U.S. Customs and Border Protection’s Automated Commercial System (ACS), and therefore the form has become redundant.

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(Prior to its elimination, importers were required to submit a paper copy of this form to both CBP and ITA, in order to obtain duty-free treatment under HTS 9817.00.92, 9817.00.94, and 9817.00.96 for handicapped articles1.)

Additional Information May be Requested for Adverse Impact Assessments

ITA notes that despite the discontinuance of Form ITA--362P, imports under these tariff provisions are still subject to the applicable laws and requirements for customs entry. Additionally, ITA reserves its right to request additional information from importers in the case that it must perform an adverse impact assessment pursuant to section § 1121(g) of the Act. Thus, if ITA finds that it requires additional information (apart from that available under an ACS query) to perform an adverse impact assessment, importers requesting duty-free treatment under this provision may be required to provide ITA with additional information e.g., the type of entity that is purchasing or importing the article, and the ultimate disposition of the article.

(See ITT's Online Archives or 11/06/09 news, 09110640 for BP summary of CBP notice stating that entries requiring this form are not allowed for EIP/RLF.)

1The Nairobi Protocol, a supplementary agreement to the Florence Agreement, was enacted by Congress in 1982 to provide for the duty-free treatment of articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.

(D/N: 100419191--0191--01)