CBP: New Informed Compliance Publication on Rulings

(World Trade Interactive)

U.S. Customs and Border Protection has posted to its Web site a new informed compliance publication that provides guidance on the administrative process involved in submitting requests for rulings, internal advice, protest reviews and reconsideration of previously issued ruling letters.

However, CBP cautions that the material in this publication is provided for general information purposes only. “Because many complicated factors can be involved in customs issues,” CBP states, “an importer may wish to obtain a ruling … or to obtain advice from an expert who specializes in customs matters, for example, a licensed customs broker, attorney or consultant.”

CBP summarizes the information in this publication as follows:

“If you plan on importing into the United States, you may wish to consider obtaining a binding ruling before the product arrives at the port so that you will know how CBP will treat the merchandise. Should you disagree with the ruling that you have received, you may appeal that letter by sending a request for reconsideration to the [Regulations and Rulings] RR Headquarters Office. In addition, if you have questions about how a port is handling your goods, you may request that the port seek internal advice from the RR Headquarters Office. Finally, if you disagree with the port’s decision regarding your merchandise you may protest that decision and request that the RR Headquarters Office review the port’s decision on the protest so long as certain requirements are met. By following the suggestions above in formulating your requests, you can make the process of obtaining a ruling or other decision from CBP as problem free as possible.”

The publication includes information on the following issues.

• who can request a prospective ruling and how this should be done

• what information must and should be included in prospective ruling requests

• who can rely on rulings issued by CBP

• protesting CBP rulings and requesting further review of protests

• filing requests for internal advice

• judicial review of CBP decisions