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CBP Issues Final Rule to Implement UKFTA Customs Provisions

CBP finalized its interim rule amending its regulations to implement the customs-related provisions of the U.S.-Korea Free Trade Agreement (UKFTA). The final rule makes two technical corrections to the interim provisions. CBP responded to two comments that were submitted to the agency about the rule. The agency issued the interim rule last year (see 12031609), after Presidential Proclamation 8783, published on March 9, 2012, modified the Harmonized Tariff Schedule to implement the UKFTA (see 12030929).

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In its first response to a commenter, CBP clarified information on the time period that a one-year blanket certification for multiple shipments of identical goods would be valid for when used together with a four-year certification, as required under 19 CFR Section 10.1004. CBP said a producer would need to have one-year new blanket certification for each year's production and that the four year certification only covers the good produced during the one-year period. "The producer would need an amended blanket certification to cover further production of identical goods beyond the initial one-year period," said CBP.

CBP also responded to a comment that said a denial of entry on 19 CFR 10.1027 could be a disproportionate reaction. CBP said the regulations, as written, accurately reflect the text of the agreement and legislation. The agency also noted that if a CBP port director cannot determine the country of origin for a textile or apparel product, the importer must submit further information. "Release of the product from CBP custody will be denied until a determination of the country of origin is made based upon the information provided or the best information available."

CBP also made two technical corrections, one correcting a cross-reference, and another changing the order of paragraphs on verifications of U.S. imports of textiles and apparel goods in Korea. The changes are effective July 1.

(Federal Register 05/30/13)