Tariff Changes Not Yet Reflected in ACE Shouldn't Prevent Type 03 Filings, CBP Tells IWPA
The updates to the Harmonized Tariff Schedule that took effect Jan. 1 (see 1701050035) and changed the HTS codes for multilayered wood flooring don't affect the applicability of antidumping orders on such products from China, the International Wood Products Association said in a Jan. 26 email. Antidumping orders are based on the written language of the scope and any HTS codes provided "aren't directly associated," the IWPA said. Even so, "a number of brokers are apparently running into problems because the ACE system hasn’t been updated to recognize the new entry codes," the trade group said. Asked about the issue, CBP told the IWPA "ACE will accept entry lines filed with HTS numbers that are not yet in the AD/CVD case reference file HTS tab," according to the IWPA. "Filing the entries as such WILL NOT create a reject. An informational message is all that will be sent back to the broker. It will allow entry as a type 03 with the case number added. If no case number is added then it will not allow a type 03 entry."
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If a broker can't file an entry or entry summary, "it is due to either a reject for another issue on the entry/entry summary or their filing software," CBP told the association. "The broker should investigate their error messages and contact their software vendor to ask for the software validations to be relaxed to allow for the case number to be filed in conjunction with the HTS number." Importers should monitor this until the system is updated, the IWPA said. "Customs is aware of the problem and knows the system is not updated, but unfortunately all liability and responsibility for accurate entry remains on the importer," it said. Any entries under the new HTS codes that didn't flag as a dumping case will require a correction after entry for proper categorization, it said.