[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR132.12]

[Page 615-616]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 132--QUOTAS--Table of Contents
 
                   Subpart B--Administration of Quotas
 
Sec. 132.12  Procedure on opening of potentially filled quotas.

    (a) Preliminary review before opening. When it is anticipated that a 
quota will be filled at the opening of the quota period, entry summaries 
for consumption, or withdrawals for consumption, with estimated duties 
attached, shall not be presented before 12 noon Eastern

[[Page 616]]

Standard Time in all time zones. However, an entry summary for 
consumption, or withdrawal for consumption, for merchandise which has 
arrived within the Customs territory of the United States may be 
submitted for preliminary review without deposit of estimated duties 
within a time period before the opening approved by the port director. 
Submission of these documents before opening will not accord the 
merchandise quota priority or status.
    (b) Simultaneous presentation. Special arrangements shall be made so 
that all entry summaries for consumption, or withdrawals for 
consumption, for quota merchandise may be presented at the exact moment 
of the opening of the quota in all time zones. All importers prepared to 
present entry summaries for consumption, or withdrawals for consumption, 
when the quota opens shall be given equal opportunity to do so. All 
entry summaries for consumption, or withdrawals for consumption, 
presented in proper form (including those submitted for review before 
opening of the quota period if accompanied by the deposit of estimated 
duties) shall be considered to have been presented simultaneously.
    (c) Proration of quantities. (1) The quantities on all entry 
summaries for consumption, or withdrawals for consumption, submitted 
simultaneously shall be prorated by Headquarters against the quota 
quantity admissible to determine the percentage to be allocated to each 
importer under the quota. Merchandise in excess of the quota shall be 
disposed of in accordance with Sec. 132.5.
    (2) In the event a quota is prorated, entry summaries for 
consumption, or withdrawals for consumption, with estimated duties 
attached, shall be returned to the importer for adjustment. The time of 
presentation for quota purposes, in that event, shall be the exact 
moment of the opening of the quota provided:
    (i) An adjusted entry summary for consumption, or withdrawal for 
consumption, with estimated duties attached, is deposited within 5 
working days after Headquarters authorizes release of the merchandise, 
and
    (ii) The importer takes delivery of the merchandise within 15 
working days after release is authorized.

[T.D. 79-221, 44 FR 46814, Aug. 9, 1979]