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On September 30, 2020, US Customs and Border Protection (CBP) issued CSMS #44272485 – GUIDANCE: Caribbean Basin Trade Partnership Act (CBPTA) is scheduled to expire October 1, 2020, which informs the Trade of the impending expiration of the Caribbean Basin Trade Partnership Act (CBTPA) and the requirement to collect duties.

Barring congressional action, CBTPA special program indicators (SPI) “R” and the provisional Harmonized Tariff Schedule (HTS) numbers (used for textile and apparel goods) below will expire for goods entered or withdrawn from warehouses after midnight, September 30, 2020 [Date corrected by CSMS #44279197, issued on October 1, 2020]:

  • 9820.11.03                  9820.11.06
  • 9820.11.09                  9820.11.12
  • 9820.11.15                  9820.11.18
  • 9820.11.21                  9820.11.24
  • 9820.11.27                  9820.11.30
  • 9820.11.33                  9802.00.8044
  • 9802.00.8046

Upon the expiration of the CBTPA, importers may not file otherwise CBTPA-eligible entries without the payment of duties and applicable Merchandise Processing Fee (MPF). Duties must be deposited at the normal trade relations (column 1) duty rates.

In the event that CBTPA is renewed, CBP will provide further instructions on how to file a refund request for duties or fees.

CBP will continue to allow post-importation CBTPA claims made via post summary correction and protest (19 USC 1514, 19 CFR 174) on importations made while CBTPA was in effect. Until further notice, CBP will not allow post importation CBTPA claims on importations made after the expiration of CBTPA.

Questions concerning this guidance should be directed to the CBP Trade Agreements Branch at FTA@dhs.gov.