Extension of the Retroactive Filing for the First Sale Declaration Requirement

(CBP)

The purpose of this notice is to extend the last filing date for retroactive First Sale Declarations which was effective, by law, August 20, 2008.

The First Sale Declaration Requirement requires that an importer of merchandise enter an "F" next to the declared value at the line level on CBP Form 7501, or the electronic filing equivalent, when the declared transaction value of the imported merchandise is determined on the basis of the price paid by the buyer in a sale occurring earlier than the last sale prior to the introduction of the merchandise into the United States. Due to the short notice to the public of the systemic implementation of this filing requirement, CBP allowed the trade a 30 day grace period to comply with the “First Sale” requirements. The grace period covered entries filed between August 20, 2008 and September 19, 2008. Filers were allowed to submit to the respective ports of entry were the entry summaries were filed, spreadsheets listing entry summary lines that need the “F” indicator. CBP would, in turn, make the correction to the entry summary line in the Automated Commercial System. The trade was asked to submit these desired corrections to CBP no later than September 26, 2008.

CBP has been mandated by Congress to collect this data for the International Trade Commission. In an effort to collect the best data available, CBP is extending the date for corrections (either to input “F” or remove “F”) to October 17, 2008. The period covered remains August 20, 2008 through September 19, 2008, during which filers may have not been operationally ready to due to system issues or legislative intent challenges.

Using spreadsheets is, by far, the most expedient method to ensure the data is correct. Again, the spreadsheet format may be used to either update a required "F" indicator or remove an "F" indicator which was erroneously entered.

Questions regarding this policy should be directed to Ms. Cynthia Whittenburg, Chief, Entry, Summary, and Drawback at (202) 863-6519 or email to cynthia.whittenburg@dhs.gov.