Certain items from Philippines and Thailand not eligible for GSP

Generalized System of Preferences (GSP) Reinstatement

Information derived from U.S. Customs and Border Protection, Cargo Systems Messaging Service on April 26, 2018

This additional guidance supplements CSMS message 18-000296 issued on April 20, 2018.

In fact, on March 23, 2018, the President signed into law, the “Consolidated Appropriations Act 2018,” which in addition to providing full-year federal appropriations through September 30, 2018, extended GSP with retroactivity, for goods entered or withdrawn from warehouse for consumption from January 1, 2018 through December 31, 2020. The new law, effective April 22, 2018, also provided for retroactive refund of all duties to the importer of record on GSP-eligible goods entered during January 1, 2018 through April 21, 2018 lapse period. View full document and details here.

Additional Information with respect to articles of Thailand or Philippines, which are covered by Section 201 safeguard remedies.

GSP Goods Subject to Section 201 Measures (certain solar cells, solar panels, washing machines, and washing machine parts)

• Articles normally eligible for GSP duty preference that are subject to Section 201 duty and quota measures may not receive GSP duty preference, in accordance with 19 USC 2463(b)(2).
• On imports subject to Section 201 measures, importers should pay the normal trade relations (column 1) duty rates and not submit the GSP Special Program Indicator (SPI) “A”.
• Currently, imports of certain solar cells and panels from Philippines and certain solar cells, solar panels, washing machines, and washing machine parts from Thailand are the only GSP eligible goods that are subject to Section 201 measures. Accordingly, these articles may not receive GSP duty preferences.
• If Section 201 duties and GSP are on the same entry lines, then no GSP refund will be issued for imports for the lapse period since 19 USC 2463(b)(2) precludes GSP program benefits accruing to Section 201 goods.

Please, refer to CSMS message 18-000296 for more information about the lapse period and other issues related to GSP reinstatement.

Questions with respect to GSP or AGOA eligibility should be directed to the Trade Agreements Branch at fta@dhs.gov. Questions about entry-filing requirements related to the Section 201 measures should be directed to traderemedy@dhs.gov.

Additional information and useful links are available on CBP’s GSP page