Presentation on theme: "November 2011U.S.A. What is an advance ruling in the U.S.? A written statement issued by U.S. customs authorities that interprets and applies customs laws."— Presentation transcript:
November 2011U.S.A. What is an advance ruling in the U.S.? A written statement issued by U.S. customs authorities that interprets and applies customs laws and regulations to a specific set of facts about a prospective transaction.
November 2011U.S.A. Effect of a Ruling Letter Binding on U.S. customs authorities Applicable until revoked or modified Applies to transactions involving the same merchandise and like facts Principles set forth in a ruling letter may be cited as authority in the disposition of transactions involving similar circumstances Rulings are issued on the assumption the information contained in the request is correct, and this information may be verified by U.S. customs authorities personnel in the field
November 2011U.S.A. Who may request a ruling? Rulings may be requested by the: importer; exporter; party that has a direct and demonstrable interest in the question; or the authorized agent (e.g. broker) of these parties.
November 2011U.S.A. What issues may advance rulings cover? Some examples of issues advance rulings may cover include: Tariff Classification; Valuation; Carriers; Drawback; Entry Procedures; Country of Origin Marking; or Restricted Merchandise.
November 2011U.S.A. Publication of Rulings Rulings are published on the U.S. customs authorities web site at www. cbp.gov. The Customs Rulings and Online Search System (CROSS) contains rulings issued since 1989 until the present. CROSS is free to search and print from (may print off CROSS, or download a Microsoft Word version of the ruling) A requestor may ask that proprietary business information not be published consistent with U.S. laws on confidentiality.
November 2011U.S.A. Modification & Revocation of a Ruling If the rulings are found to be in error or no longer in accordance with the official position, U.S. customs authorities will: Publish the proposal for modification/revocation in the Customs Bulletin for public comment (30 days). Analyze the comments received. Then either: publish a final decision (effective 60 calendar days after publication; withdraw the proposal; or issue a modified proposal.