Customs

GSP Expiration: Use of Liquidation Extension and Protest

GSP expired July 31, 2013. Importers were advised in CSMS #13-000348 to continue to use SPI “A” to claim GSP but to pay duty subsequent to that date, so that in the event of a retroactive renewal, CBP could process refunds automatically.

Assuming that the goods were properly classified and appraised, the entry summaries should be liquidated as scheduled. CBP does not have the legal authority to further extend liquidation pending possible renewal of GSP. Therefore, requests for an extension of liquidation solely for the purpose of awaiting GSP re-enactment will be denied. Within 180 days of liquidation, the importer, their broker, or attorney may protest any CBP decision related to imported merchandise in accordance with Section 514 of the Tariff Act of 1930. CBP will review all protest submissions.

If GSP is re-enacted, the legislation would specify an effective date for the renewal and may or may not allow for retroactive claims. On previous occasions when GSP was re-enacted retroactively, the legislation authorized CBP to disregard liquidation status in determining GSP eligibility.

What this means for the U.S. Importer:

  • Congress has not renewed GSP
  • It expired July 31, 2013
  • This means that many entries that were filed in 2013 will begin liquidating in the next few months.  U.S. Customs is not able to extend the liquidation dates for the purpose of receiving a refund for GSP.