[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR132.12]



[Page 695-696]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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 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.



[[Page 696]]



    (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]