[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: 19CFR132.13]



[Page 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.  132.13  Quotas after opening.



    (a) Procedure when nearing fulfillment. To secure for each importer 

the rightful quota priority and status for his quota-class merchandise, 

and to close the quota simultaneously at all ports of entry:

    (1) For release of merchandise--(i) Tariff-rate. When instructed by 

Headquarters, the port director shall require an importer to present an 

entry summary for consumption, with estimated duties attached, at the 

over-quota rate of duty until Headquarters has determined the quantity, 

if any of the merchandise entitled to the quota rate. If any of the 

merchandise entered at the over-quota rate is entitled to the quota 

rate, Customs shall amend the entry summary and refund to the importer 

any excess duties paid. This section does not prohibit an importer from 

obtaining release of the merchandise under the immediate delivery 

procedure. If an importer desires to enter only that quantity entitled 

to the quota rate, he may request that the merchandise not be released 

from Customs custody until Headquarters has determined the quantity 

entitled to the quota rate.

    (ii) Absolute. Except as provided for in Sec.  142.21 (e)(2) and (g) 

of this chapter, absolute quota merchandise shall not be released under 

the immediate delivery procedure. An entry summary for consumption, with 

estimated duties attached, setting forth the quantity desired to be 

entered, shall be presented. However, the merchandise shall not be 

released until Customs has determined the quantity entitled to absolute 

quota status and priority.

    (iii) Quota Proration. When it is determined that entry summaries 

for consumption or withdrawals for consumption must be amended to permit 

only the quantity of tariff-rate and absolute quota merchandise 

determined to be within the quota, the entry summaries for consumption 

or withdrawals for consumption must be returned to the importer for 

adjustment. The time of presentation for quota purposes in that event 

shall be the same as the time of the initial presentation of the entry 

summaries for consumption or withdrawals for consumption provided:

    (A) An adjusted entry summary for consumption, or withdrawals for 

consumption, with estimated duties attached, is deposited within 5 

working days after Headquarters authorizes release of the merchandise, 

and

    (B) The importer takes delivery of the merchandise within 15 working 

days after release is authorized.

    (2) Report of time of presentation. The date, hour and minute that 

an entry summary for consumption or withdrawal for consumption is 

presented at a port of entry must be indicated on the document by a 

method deemed acceptable by Customs. The appropriate Customs officer 

shall report this information to Headquarters.

    (b) Closing of the quota. Except as provided by Sec.  132.12, at the 

closing of a quota all entries or withdrawals for consumption which have 

acquired quota status due to priority of presentation shall be entitled 

to quota benefits. All other entries or withdrawals are without quota 

status and are not entitled to any quota benefits. All the latter shall 

be disposed of in accordance with Sec.  132.5.



[T.D. 73-203, 38 FR 20230, July 30, 1973, as amended by T.D. 79-221, 44 

FR 46815, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980; T.D. 81-

260, 46 FR 49841, Oct. 8, 1981; T.D 88-27, 53 FR 19897, June 1, 1988]



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