TRADE ALERT

Customs and Border Protection (CBP) Changes Policy Regarding Antidumping Duty (ADD) Certificates of Reimbursement

(March 20, 2006)

Pursuant to Section 351.402(f)(2) of the Department of Commerce regulations, the importer of record is required to file a "Certificate of Reimbursement" with CBP, advising whether the importer has been reimbursed for ADD prior to liquidation of an entry summary. If the importer fails to file the required certificate prior to liquidation, CBP is instructed to presume reimbursement and double the duty rate.

CBP has changed their practice and will no longer reject entry summaries or issue a request for reimbursement certificates as they have in the past. As a result of this change in practice, the responsible party must either file the required certificate with each shipment or file a blanket statement on a yearly basis with CBP at each port of entry where shipments have entered the United States. If you choose to file blanket statements, you must state on your Customs invoices "Certificate of Reimbursement on File".

Antidumping and countervailing duty orders are published in the Federal Register and the importer of record is responsible for making entry with reasonable care to ensure full compliance with all CBP and Commerce requirements. If the required reimbursement certificate is not on file at time of liquidation (finalizing the entry) CBP is required to double the antidumping duties. More importantly, CBP has stated any protest against this action should be denied. As the importer of record, you will be responsible for payment of the additional duties and accrued interest.

Deringer recommends that importers review their records to determine if they have had shipments in the past, or have current shipments subject to ADD orders. If Certificates of Reimbursement have not been filed, then you should do so immediately to ensure they are on file with CBP at the appropriate ports of entry prior to liquidation. Importers who have any questions or need assistance in complying with this requirement may contact the Deringer Logistics Consulting Group at 518-297-3511 or email us consulting@anderinger.com (please indicate Certificates of Reimbursement in the subject line of your email).

For additional information, CBP has posted a memorandum on its web site entitled "Guidance for Certificates of Reimbursement" to assist importers in meeting this requirement. (http://www.customs.treas.gov/xp/cgov/import/add_cvd/program_guidelines/)