QB 21-214 2021 Tuna Final Restraint Limit and Proration
A notice entitled “Tuna – Tariff Rate Quota” published in the Federal Register on May 26, 2021 announced the 2021 restraint limit for tuna. The quota restraint limit for 2021 is 18,345,004 kilograms.
The quota on tuna did not oversubscribe at opening moment on January 4, 2021. All successful entry summaries and/or warehouse withdrawals of tuna presented with a presentation date of 12 am (midnight) January 4, 2021 onward will be granted 100 % proration of the quantity presented on a first come first served basis based on quota presentation date. The entry that filled and surpassed the quota limit will be prorated according to 19 CFR 132.
All entry summaries and/or warehouse withdrawals receiving the quota proration will be receive 100% of the presented quantity and shall be liquidated at the in-quota (low) rate (HTS 1604.14.22/6%) until the quota limit is met. Quantities should be rounded to the nearest whole number as appropriate.
Any entry summaries and/or warehouse withdrawals presented after the final prorated entry shall be liquidated at the high rate (HTS 1604.14.30/12.5%).
To facilitate 2021 tuna processing, HQ Quota will distribute an excel spreadsheet to the Agriculture and Prepared Products Center who will manage the CBP automated proration processing “TUNA BOT”. The BOT will provide for the low duty HTS on all entries until the fill level is attained and prorate the final entry that exceeds the 2021 limit.
The Agriculture and Prepared Product Center managing the BOT will ensure that the quota is reported properly for entries containing tuna and oversee the processing of liquidation to generate the importer refund if necessary.
Broker/Filers are advised to file a claim (i.e., Post Summary Correction (PSC) or protest to request duty refund) if the entry summary is liquidated in error.
Please ensure that this notice is passed to all port directors, assistant port directors (trade), import specialists, entry specialists, CBP officers, and other interested parties such as brokers and importers.
Questions from the importing community regarding this electronic message should be referred to the local CBP port. The port may refer their questions through email to HQ Quota at HQQuota@cbp.dhs.gov.