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CBP Issues Interim Rule Amending Regulations for U.S.-Peru FTA

U.S. Customs and Border Protection is issuing an interim final rule, effective November 3, 2011 to amend its regulations for the preferential tariff treatment and other customs-related provisions of the U.S.-Peru Trade Promotion Agreement (PTPA or Peru FTA).

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Comments are due by January 3, 2012.

(This is an overview of the regulatory topics identified by CBP as affected by this interim rule. See future issue of ITT for more detailed summary.)

Regulatory Topics Affected by Interim Rule

CBP's interim rule adds a new subpart Q and makes amendments to the following parts of 19 CFR (partial list of regulatory provisions also provided):

19 CFR Part 10 (Articles Conditionally Free, Etc.)

Entry; Bond

Subpart Q to 19 CFR Part 10 (PTPA)

General Provisions

Import Requirements

Export Requirements

Post-Importation Duty Refund Claims

Rules of Origin

Origin Verifications and Determinations

Penalties

Goods Returned After Repair or Alteration

19 CFR Part 24 (Customs Financial and Accounting Procedures)

Merchandise Processing Fee (MPF)

19 CFR Part 162 (Inspection, Search, and Seizure)

Scope

19 CFR Part 163 (Recordkeeping)

Definitions

Appendix - Interim (a)(1)(A) List

19 CFR Part 178 (Approval of Information Collection Requirements)

Listing of OMB control numbers

(See ITT's Online Archives 07121715 for summary of President Bush signing into law the U.S.-Peru Trade Promotion Agreement Implementation Act on Dec. 14, 2007.

See ITT’s Online Archives 09012010 for summary of the President issuing Proclamation 8341 which amended the Harmonized Tariff Schedule to implement the U.S. - Peru TPA, effective for goods entered or withdrawn from warehouse for consumption on or after February 1, 2009.

See ITT’s Online Archives 09021220 and 09022320 for summaries of CBP issuing ABI system requirements for the U.S.-Peru TPA and for CBP issuing instructions on filing claims under the U.S.-Peru TPA.

See ITT's Online Archives 09020510 for summary of the USTR reinstating the Andean Trade Preference Act (ATPA) and the Andean Trade Promotion and Drug Eradication Act (ATPDEA) for Peru.)

CBP has issued CSMS message #11-000286 (dated 11/17/11) stating that the Peru TPA interim regulations are also available, along with the TPA text, implementation instructions, and other documents, by searching "Peru" on CBP.gov and selecting the "Peru (PTPA)" Smart Link. CSMS message is available here.

Nancy Mondich (Textile Operational Aspects) (202) 863-6524
Katrina Chang (Trade Policy and Programs) (202) 863-6532
Karen Greene (Legal Aspects) (202) 325-0041