CSMS 42566154·Trade policy·May 1, 2020·View on csms.cbp.gov ↗

Section 232 and Section 301 Extensions Requests, PSCs, and Protests

Plain-English explanation

CSMS 42566154 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on May 1, 2020. It carries the official CBP guidance brokers and importers must follow for the topic — "Section 232 and Section 301 Extensions Requests, PSCs, and Protests". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #42566154 - Section 232 and Section 301 – Extensions Requests, PSCs, and Protests U.S. Customs and Border Protection sent this bulletin at 05/01/2020 05:05 PM EDT Cargo Systems Messaging Service CSMS #42566154 - Section 232 and Section 301 – Extensions Requests, PSCs, and Protests The purpose of this CSMS message is to update guidance issued via CSMS 19-000260. This guidance is to advise the trade community on the process for submitting retroactive claims for Section 232 and Section 301 product exclusions to CBP. Additionally, this guidance serves to provide information on the actions the Trade may take to preserve and/or extend the timeframes in which corrective action can be filed on entry summaries related to Section 232 and Section 301 product exclusion requests that have been submitted to the U.S. Department of Commerce (DOC) or the Office of the U.S. Trade Representative (USTR) and a decision on the requested exclusion(s) has not yet been rendered. RETROACTIVE EXCLUSIONS Section 232 and Section 301 product exclusions granted by the DOC and USTR, respectively, may be retroactive for unliquidated entries and for entries that are liquidated but where the liquidation is not final and the protest period has not expired. If a product exclusion has been granted, an importer of record (IOR) may request a refund by filing a corrective action with CBP by filing a post summary correction (PSC) for unliquidated entries or file a protest for entries that have liquidated but where the liquidation is not final and the protest period has not expired. When a product exclusion is granted, an importer may submit a PSC to request a refund on unliquidated entries up to 15 days prior to the scheduled liquidation date (generally within 300 days from the date of entry summary filing). If an entry summary is set to liquidate in less than 15 days or has already liquidated, the entry summary is beyond the PSC filing period. However, the importer may file a protest so long as the protest is filed within the 180-day period following liquidation of the impacted entry summary(ies). REQUESTS FOR EXTENSION(S) OF LIQUIDATION FOR PENDING PRODUCT EXCLUSION REQUESTS Given the potential retroactive application of Section 232 and Section 301 product exclusions, in situations where the importer has requested a product exclusion and the request is pending with the DOC or USTR, the importer or their licensed representative may submit a request to extend the liquidation of impacted unliquidated entry summaries to CBP. Importers/filers may choose to submit an extension request via paper or electronic format to the appropriate Center of Excellence and Expertise. Refer to the ACE Entry Summary Business Process Document , Version 10.0, Section 10.3, for further guidance. Approved requests extend the liquidation of an entry summary for one year. When a product exclusion is granted, an importer may submit a PSC to request a refund on the entry summary(ies). If a product exclusion is not approved, no further action is taken, and the entry summary will liquidate as entered one year later than the originally scheduled liquidation date. If necessary, the importer or their filer may request subsequent liquidation extensions for a total of not more than three years as mandated by 19 CFR 159.12. Report ES-702, Official Notice of Extension, Suspension and Liquidation, is available in ACE for the Trade to monitor extension and suspension records. STATUS OF TRADE REMEDY PRODUCT EXCLUSION REQUESTS To check the status of a Trade Remedy Product Exclusion request: U.S. Department of Commerce Section 232 website and contact information: https://232app.azurewebsites.net/steelalum USTR Section 301 website: https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions Section 232 exclusions, once approved by DOC, and activated by CBP in ACE, are posted at https://www.cbp.gov/trade/programs-administration/trade-remedies/section-232-trade-remedies-aluminum-and-steel . Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 42566154?

CSMS 42566154 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Section 232 and Section 301 Extensions Requests, PSCs, and Protests". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 42566154 published?

CBP published CSMS 42566154 on May 1, 2020. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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