PART 132—QUOTAS Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1623, 1624. Sections 132.15, 132.17, and 132.18 also issued under 19 U.S.C. 1202 (additional U.S. Note 3 to Chapter 2, HTSUS; additional U.S. Note 8 to Chapter 17, HTSUS; and subchapter II of Chapter 99, HTSUS, respectively), 1484, 1508. Source: T.D. 73-203, 38 FR 20230, July 30, 1973, unless otherwise noted. § 132.0 Scope. This part sets forth rules and procedures applicable to quotas administered by Headquarters, U.S. Customs Service. Subpart A—General Provisions § 132.1 Definitions. When used in this part, the following terms shall have the meaning indicated: (a) Absolute or quantitative quotas. (b) Tariff-rate quotas. (c) [Reserved] (d) Presentation. (1) An entry summary for consumption, which shall serve as both the entry and the entry summary, with estimated duties attached (see § 141.0a(b)); or (2) An entry summary for consumption, which shall serve as both the entry and the entry summary, without estimated duties attached, if the entry/entry summary information and a valid scheduled statement date (pursuant to § 24.25 of this chapter) have been successfully received by Customs via the Automated Broker Interface; or (3) A withdrawal for consumption with estimated duties attached. (e) Quota-class merchandise. (f) Quota priority. (g) Quota status. [T.D. 73-203, 38 FR 20230, July 30, 1973, as amended by T.D. 79-221, 44 FR 46814, Aug. 9, 1979; T.D. 89-104, 54 FR 50498, Dec. 7, 1989] § 132.2 Enactment and administration of quotas. (a) Enactment. (b) Administration. (c) Strict construction employed. § 132.3 Observation of official hours. An entry summary for consumption or a withdrawal for consumption for quota-class merchandise shall be presented only during official office hours, except as provided in §§ 132.12 and 141.62(b) of this chapter. For purposes of administering quotas, “official office hours” shall mean 8:30 a.m. to 4:30 p.m. in all time zones. [T.D. 79-221, 44 FR 46814, Aug. 9, 1979] § 132.4 Quota quantity entry limits. At the opening of the quota no importer shall be permitted to present entries or withdrawals for consumption of quota-class merchandise for a quantity in excess of the quantity admissible under the applicable quota. § 132.5 Merchandise imported in excess of quota quantities. (a) Absolute quota merchandise. (b) Tariff-rate quota merchandise. (c) Disposition of excess merchandise. § 132.6 Exception to reduced rates. Reduced or modified duty rates under tariff-rate quotas established pursuant to section 350 of the Tariff Act of 1930, as amended and extended (19 U.S.C. 1351), are not applicable to products imported directly or indirectly from the countries or areas listed under General Note 3(b), Harmonized Tariff Schedule of the United States (19 U.S.C. 1202). [T.D. 73-203, 53 FR 20230, July 30, 1973, as amended by T.D. 89-1, 53 FR 51255, Dec. 21, 1988; T.D. 90-78, 55 FR 40166, Oct. 2, 1990] Subpart B—Administration of Quotas § 132.11 Quota priority and status. (a) Determination of quota priority and status. (b) Documentation and deposit of duties in proper form required. (1) The entry summary or withdrawal for consumption is in proper form, and duties have been attached to the entry summary or withdrawal for consumption in proper form; or (2) The entry summary for consumption is in proper form, and the entry/entry summary information and a valid scheduled statement date (pursuant to § 24.25 of this chapter) have been successfully received by Customs via the Automated Broker Interface. See §§ 141.4, 141.63, 141.68, 141.69, and 141.101 of this chapter. (c) Informal entries. (d) Premature presentation of entry or withdrawal. [T.D. 73-203, 38 FR 20230, July 30, 1973, as amended by T.D. 79-221, 44 FR 46814, Aug. 9, 1979; T.D. 89-104, 54 FR 50498, Dec. 7, 1989] § 132.11a Time of presentation. (a) General rule. (1) An entry summary for consumption, or its electronic equivalent, which serves as both the entry and the entry summary, with estimated duties attached; or (2) An entry summary for consumption, or its electronic equivalent, which shall serve as both the entry and the entry summary without estimated duties attached, if the entry/entry summary information and a valid scheduled statement date have been successfully received by Customs via the Automated Broker Interface (see § 132.1(d)(2); payment must be subsequently made by the statement processing method as set forth in § 24.25 of this chapter); or (3) A withdrawal for consumption with estimated duties attached. (b) Before arrival of merchandise. (c) Failure to use statement processing method. [T.D. 79-221, 44 FR 46814, Aug. 9, 1979, as amended by T.D. 89-104, 54 FR 50498, Dec. 7, 1989; CBP Dec. 15-14, 80 FR 61287, Oct. 13, 2015; CBP Dec. 16-26, 81 FR 93017, Dec. 20, 2016] § 132.12 Procedure on opening of potentially filled quotas. (a) Preliminary review before opening. (b) Simultaneous presentation. (c) Proration of quantities. (2) In the event a quota is prorated, entry summaries for consumption, or withdrawals for consumption, with estimated duties attached, shall be returned to the importer for adjustment. The time of presentation for quota purposes, in that event, shall be the exact moment of the opening of the quota provided: (i) An adjusted entry summary for consumption, or withdrawal for consumption, with estimated duties attached, is deposited within 5 working days after Headquarters authorizes release of the merchandise, and (ii) The importer takes delivery of the merchandise within 15 working days after release is authorized. [T.D. 79-221, 44 FR 46814, Aug. 9, 1979, as amended by CBP Dec. 16-26, 81 FR 93017, Dec. 20, 2016] § 132.13 Quotas after opening. (a) Procedure when nearing fulfillment. (1) For release of merchandise Tariff-rate. (ii) Absolute. (iii) Quota Proration. (A) An adjusted entry summary for consumption, or withdrawals for consumption, or their electronic equivalents, with estimated duties attached, is deposited within 5 working days after Headquarters authorizes release of the merchandise, and (B) The importer takes delivery of the merchandise within 15 working days after release is authorized. (2) Report of time of presentation. (b) Closing of the quota. [T.D. 73-203, 38 FR 20230, July 30, 1973, as amended by T.D. 79-221, 44 FR 46815, Aug. 9, 1979; T.D. 80-26, 45 FR 3901, Jan. 21, 1980; T.D. 81-260, 46 FR 49841, Oct. 8, 1981; T.D. 88-27, 53 FR 19897, June 1, 1988; CBP Dec. 15-14, 80 FR 61287, Oct. 13, 2015; CBP Dec. 16-26, 81 FR 93017, Dec. 20, 2016] § 132.14 Special permits for immediate delivery; entry of merchandise before presenting entry summary for consumption; permits of delivery. (a) Effect of issuance of special permit for immediate delivery or filing entry documentation before presentation of entry summary Requirements for release. (2) Effect of release under immediate delivery. (3) Effect of inadvertent release. (4) Procedures following inadvertent release Quota nearing fulfillment. (A) An authorized CBP official may demand the return to Customs custody of the released merchandise in accordance with § 141.113 of this chapter; (B) The Center director shall require the timely presentation to CBP, either at the port of entry or electronically, of the entry summary for consumption, or a withdrawal for consumption, with the estimated duties attached; (C) The port director may assess liquidated damages under the bond on Customs Form 301, containing the basic importation and entry bond conditions set forth in § 113.62 of this chapter in an amount equal to the value of the merchandise, plus estimated duties (computed at the over-quota rate for tariff-rate quota merchandise), if the merchandise is ( 1 2 3 (D) The Fines, Penalties, and Forfeitures Officer may cancel the claim for liquidated damages if he is satisfied by the evidence that release was due to causes wholly beyond the control of the importer, that no act or omission on the part of the importer formed the basis for the release, and that there was no intent on the part of the importer to evade any law or regulation. The port director also may cancel the claim for liquidated damages if the merchandise is redelivered to Customs custody within 30 days from the date of the demand, or if the entry summary for consumption, or withdrawal for consumption, with estimated duties attached, is presented timely. (ii) Quota not nearing fulfillment. (A) The Center director shall require the timely presentation to CBP, either at the port of entry or electronically, of the entry summary for consumption, or a withdrawal for consumption, with estimated duties attached; (B) The port director may assess liquidated damages under the bond on Customs Form 301, containing the basic importation and entry bond conditions set forth in § 113.62 of this chapter in an amount equal to the value of the merchandise, plus estimated duties (computed at the over quota-rate for tariff-rate quota merchandise), if the merchandise is: ( 1 ( 2 (C) The Fines, Penalties, and Forfeitures Officer may cancel the claim for liquidated damages if he is satisfied by the evidence that the release was due to causes wholly beyond the control of the importer, that no act or omission on the part of the importer formed the basis for release, and that there was no intent on the part of the importer to evade any law or regulation. The port director also may cancel the claim for liquidated damages if the entry summary for consumption, or withdrawal for consumption, with estimated duties attached, is presented timely. (b) Permit of delivery Effect of filing. (2) Time of issuance Absolute quota merchandise. (ii) Tariff-rate, quota merchandise. (R.S. 251, as amended, secs. 623, as amended, 624, 46 Stat. 759, as amended (19 U.S.C. 66, 1623, 1624)) [T.D. 79-221, 44 FR 46815, Aug. 9, 1979, as amended by T.D. 84-213, 49 FR 41183, Oct. 19, 1984; T.D. 89-104, 54 FR 50498, Dec. 7, 1989; T.D. 99-27, 64 FR 13674, 13675, Mar. 22, 1999; CBP Dec. 16-26, 81 FR 93018, Dec. 20, 2016] § 132.15 Export certificate for beef subject to tariff-rate quota. (a) Requirement. (b) Validity of certificate. (1) The last digit of the year for which the export certificate is in effect; (2) The 2-digit ISO country of origin code from Annex B of the HTSUS which identifies the participating country (see § 142.42(d) of this chapter); and (3) Any 6-digit number issued by the participating country with respect to the export certificate. (c) Retention and submission of certificate to Customs Retention. (2) Submission to Customs. [T.D. 95-58, 60 FR 39109, Aug. 1, 1995, as amended by T.D. 99-87, 64 FR 67483, Dec. 2, 1999; T.D. 00-7, 65 FR 5431, Feb. 4, 2000] § 132.16 [Reserved] § 132.17 Export certificate for sugar-containing products subject to tariff-rate quota. (a) Requirement. (b) Validity of export certificate. (c) Retention and production of certificate to Customs. [T.D. 00-7, 65 FR 5431, Feb. 4, 2000, as amended by CBP Dec. 21-10, 86 FR 35582, July 7, 2021] § 132.18 License for certain worsted wool fabric subject to tariff-rate quota. (a) Requirement. (b) Importer certification. (c) Validity of license License number. (i) The first character must be a “W”; (ii) The second and third characters must consist of the last 2 digits of the calendar year for which the license is issued and during which it is in effect; and (iii) The final 6 characters represent the distinct and unique identifier assigned to the license by the Department of Commerce. (2) Use of license. (d) Retention and production of license or authorization to Customs. [T.D. 01-35, 66 FR 21666, May 1, 2001] Subpart C—Mail Importation of Absolute Quota Merchandise § 132.21 Regulations applicable. In addition to the regulations applicable to all mail importations (see part 145 of this chapter), the regulations in this subpart shall apply to mail importations of absolute quota merchandise. § 132.22 When quota is filled. Any packages containing merchandise subject to an absolute quota which is filled shall be returned to the postmaster for return to the sender immediately as undeliverable mail. The addressee will be notified on Customs Form 3509 or in any other appropriate manner that entry has been denied because the quota is filled. § 132.23 Partial release procedure. (a) Notification of quota restrictions. (b) Acknowledgement of delivery. Acknowledgment of Delivery by Postal Service In consideration of the fact that certain articles in a mail importation consisting of (state number) packages mailed to me by ________________________ (name of sender) of ____________________________ (address) on ________________ (date of mailing), are subject to quota restrictions under which only a portion of such articles may be admitted to entry at one time, and the Postal Service permits no division of the importation before delivery thereof, and since I am desirous of receiving the packages of such importation which are admissible to entry under the quota administered by the United States Customs, I hereby agree and acknowledge that delivery of the package or packages to the United States Customs shall be regarded as delivery by the Postal Service to me. (Signature of addressee) (c) Agreement to less than full delivery. (d) Deposit required. § 132.24 Entry. Unless a formal entry or entry by appraisement is required, a mail entry on Customs Form 3419 shall be issued and forwarded with the package to the postmaster for delivery to the addressee and collection of any duties in the same manner as for any other mail package subject to Customs treatment. § 132.25 Undeliverable shipment. If within a reasonable time, but not to exceed 30 days, the addressee fails to indicate to the port director an intention to receive delivery of the packages or a portion thereof in accordance with the notice on Customs Form 3509 which was sent to him by the port director, the importation shall be treated in the same manner as other undeliverable mail.