We wrote to you back in November about a development which was expected to expand the number of preferential duty claims that could be asserted for the first time via protest.
U.S. Customs and Border Protection (CBP) has now issued updated guidance specifying that all preferential trade agreements for which post-importation refund claims were previously limited to post-entry amendments (PEAs) or post-summary correction (PSCs) may now also be raised for the first time via protest. This includes preferential claims under GSP, AGOA, the Australia, Bahrain, Israel, Jordon, Morocco and Singapore FTAs, and the Pharmaceutical Products Agreement, among others.
As noted below, this is a significant development since it expands the period in which post-entry refund claims may be made under certain preference programs. It also breathes new life into protests filed for such claims that were previously rejected as “non-protestable”. We have been helping clients secure refunds from CBP on such protests and would be happy to discuss this with you further, if relevant.
We hope this is helpful. If you have any questions about this issue, please let us know.