ACE Protests Required for Post-Importation Claims Under Specified FTAs
U.S. Customs and Border Protection has issued a reminder that post-summary corrections may be used for post-importation preference claims only when the applicable preference program does not specify that such a claim be made via 19 USC 1520(d).
NAFTA, CAFTA-DR, and the U.S. free trade agreements with Chile, Colombia, Korea, Oman, Panama, and Peru provide that 19 USC 1520(d) is the sole mechanism for a post-importation preference claim, irrespective of liquidation status. For such claims, submission through the Automated Commercial Environment protest module is the sole electronic platform available and requires that the importer or broker have a protest filer number. Paper 19 USC 1520(d) claims may be submitted in person or by U.S. mail.
CBP states that if a filer seeks to change classification, value, units, etc. in addition to making a post-importation preference claim under these FTAs, this too may be submitted on the 19 USC 1520(d) as long as it is on the same tariff line as the requested preference claim.