September 11 Impact

Staff Report

The U.S. Customs Service is among the agencies that was affected by Sept. 11 terrorist attacks on the World Trade Center in New York. Customs’ building at 6 World Trade Center was among those destroyed in the attack. Customs has released the following procedural updates in the wake of the attack in an effort to keep trade moving.

Filing entry documents in New York

  The Customs Service is authorizing the following procedures for the submission of Customs entry documents. These entry documents consist of the following: SILs, PEAs, formal and informal entries, entry summaries, and protests under the 19 U.S.C. 1514 and 1520 provisions. All entries of these types that were originally filed in the Port of New York (1001) should now be submitted in Customs Ports of Newark (4601) and/or JFK (4701). Any reconciliation entries for port 1001 will be accepted at 4601 only. All entries originally designated as 1001 should remain 1001. All ABI transmissions should follow this same principle.

Protests, requests for administrative review, SILs and PEAs

  Because of the loss of entry summary documents at 6 World Trade Center, new filings of protests, 520 requests and Supplemental Information Letters must be accompanied by a copy of the summary document(s) (“reconstructed entry”). Additionally, new Post Entry Amendments that relate to revenue issues for the above entry summaries also must be accompanied by a copy of the summary document(s). These various appeals will be processed according to the port of unlading, i.e., the port code identified on the entry summary. The JFK Airport Area will process and review all entry summaries using the various port codes beginning with 47. Similarly, the New York/Newark Area will process and review all entry summaries using the various port codes beginning with 10 and 46. Therefore, appeals using port codes 10 and 46 should be sent to U.S. Customs, 1210 Corbin St., Elizabeth, N.J. 07201, Attn: Liquidation & Protest Branch. Appeals using port codes beginning with 47 should be sent to U.S. Customs, Building 77, Attn: Liquidation & Protest Branch. However, all these appeals will be accepted at either Area location.

  For Supplemental Information Letters filed on or prior to Sept. 11, 2001, a copy of the claim must be resubmitted and labeled “Duplicate.” Customs will review these Supplemental Information Letters for a determination as to whether a copy of the entry summary is required in order to process a duty refund. Where the entry summary is necessary for review, Customs will notify the importer to submit it. However, importers may submit a copy of the entry summary if they wish to avoid any processing delay. As an alternative, where there is little time remaining within the one-year liquidation period, Customs recommends that importers wait until the liquidation occurs. A protest may then be filed with the appropriate area.

Bonds

  Effective immediately, Bonds, Riders, and terminations may be filed at either U.S. Customs at 1210 Corbin St., Elizabeth, N.J. 07201, attention Bond Desk; or at U. S. Customs at JFK Airport, Building 77, Jamaica, N.Y. 11430, attention Branch D.

Drawback entries

  Drawback entries normally filed for Port 1001 must be filed with the Entry Division at the following location: Newark (4601) at 1210 Corbin St., Elizabeth, N.J. 07201. Claims previously filed at JFK will be transferred to Newark.

  NOTE: If claiming under the provision of 19 USC 1313(r)(3)(A) as implemented by 19 CFR 191.51(e)(2), this should be clearly identified on the CF 7551.

ABI transmission and ACH statements

  ABI transmission and ACH statements shall continue to be transmitted to port 1001 in accordance with normal Customs procedures and will not be required to fax documents. Hard copies of reconciliation spreadsheet information, diskettes, and supporting entry documentation designated for port 1001 should be mailed to: United States Customs Service, Entry Section / Reconciliation Desk, 1210 Corbin St., Elizabeth, N.J. 07201

  For filers who utilize the above temporary method of filing for NAFTA reconciliation entries, it is emphasized that Customs must receive all three components within 12 months of import date for the claim to be accepted timely.

Textile visas

  In light of the recent national emergency, some textile visas or exempt certificates may be delayed in reaching their destination; visas are often delivered by courier services or mail that have been disrupted by these events. As a result, the Committee for the Implementation of Textile Agreements (CITA) has determined that copies of visas and exempt certificates shall be accepted for conditional release of merchandise for a limited period of time.

  With respect to all textiles and textile products subject to visa requirements entered on or after Sept. 11, 2001, but prior to Sept. 29, 2001, U.S. Customs shall accept copies of textile visas or exempt certificates for the conditional release of merchandise. The original textile visa or exempt certificate must have been presented to the U.S. Customs Service upon receipt and no later than Oct. 12, 2001. Effective for textile and textile products entered on or after Sept. 29, 2001, original textile visas will be required. U.S. Customs will continue to require an Electronic Visa Information System (ELVIS) transmission for all shipments for which an ELVIS transmission is required.

  Absent submission of the original textile visa or exempt certificate on or before Oct. 12, 2001, the goods will be deemed inadmissible. In the event that the original visas were at the U.S. Customs facility at the World Trade Center, companies should submit copies of the visas that were lost.

General order guidelines

  The suspension of enforcement of General Order (G.O.) time limits will be lifted effective Oct. 5, 2001. Any merchandise arriving on or after Oct. 5, 2001 will be subject to the 15-day lay-order period and the 20 day reporting limit established by Customs Regulations. Customs officers will enforce the time limits on this merchandise. Merchandise that arrived prior to Oct. 5, 2001 will still be granted the 15-day suspension of time limit enforcement.

Level 1 alert

  The U.S. Customs Service is dedicated to protecting the American public from the introduction of weapons of mass destruction and other instruments of terror into the United States. Customs is also responsible for preventing international terrorist groups and rogue nations from obtaining materials and technologies for weapons of mass destruction development, arms and munitions, funds, and other support that could be used to conduct terrorist acts. In addition, U.S. Customs supports other administration efforts to combat international terrorism as well as other terrorist activities, such as narco-terrorist activities that occur along our borders.

  The U.S. Customs Service plan to help respond to security threats against the United States is made up of four alert levels. Each level of alert outlines actions that each functional office within U.S. Customs will carry out related to those levels. The level system allows U.S. Customs to respond quickly and proportionally to situations that could impact the United States.

  Alert Level 4 - Code Green: U.S. Customs operates at normal operations without specific threat advisories.

  Alert Level 3 - Code Blue: U.S. Customs operates at normal operations with heightened awareness.

  Alert Level 2 - Code Yellow: Increased level of operations.

  Alert Level 1 - Code Red: Sustained intensive anti-terrorism operations.

  Immediately following the terrorist attacks, the U.S. Customs threat level was changed from Alert Level 4 (normal operations) to Alert Level 1. The U.S. Customs Service continues to maintain an Alert Level 1 at land borders and all ports of entry into the United States in coordination with the U.S. Immigration and Naturalization Service and its Border Patrol. The U.S.-Mexico and U.S.-Canada borders remain open to traffic and commerce. All U.S. Customs personnel and air and marine assets remain on alert to support the FBI and other federal agencies in their investigation of the terrorist attacks. In addition, U.S. Customs officers will be deployed at designated airports around the country to assist the Department of Justice in increased security.

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