|  |  | Requirements for Electronic Ruling Requests
(12/05/2005)The procedures under this rulings program apply to requests for binding classification rulings under the Harmonized Tariff Schedule (HTS) and certain marking, origin, NAFTA and applicability of Trade Program rulings. Under the newly enhanced eRulings program, the importing community may submit an electronic request for a binding ruling by accessing the new eRulings Template.
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eRulings Template ) The template permits the online filing of an electronic binding ruling request directly to the National Commodity Specialist Division (NCSD) of the Office of Regulations and Rulings. The eRulings Template is reserved exclusively for the electronic submission of initial binding ruling requests to the NCSD in New York. Any questions or follow-up inquiries concerning electronic binding ruling requests must be made via telephone to Customs and Border Protection, Customs Information Exchange at (646) 733-3056/3063. Upon transmission of an electronic, eRuling, request the requester will receive an email, acknowledging their use of the template. If the transmission is received by the NCSD in good order, the requester will receive an email acknowledgement of receipt, complete with a binding ruling control number, within one business day. The official binding ruling response, complete with an electronic signature, will also be returned by email. Ruling requests that require a sample will be excluded from the program. Generally, the NCSD will issue all such rulings within 30 calendar days of the date of receipt. Some delay may occur if a laboratory report or consultation with another agency is required. Rulings that require referral to Headquarters, OR&R;, will be issued by mail within 90 days of receipt. The ruling request must concern prospective shipments. A copy of the ruling or the ruling control number should be provided with the entry documents filed at the time the merchandise is imported. Please note that if for any reason you cannot meet the requirements for filing an electronic ruling request, you can still file for a binding ruling by mail. See What are Ruling Letters.
( What are Ruling Letters )
Attachments must be in one of the following formats: Microsoft Word (.DOC), JPEG format for pictures (.JPG), Plain text (.TXT), Adobe Acrobat (.PDF), Power Point (.ppt), and GIF image format (.gif) No zip or compressed files will be permitted. Failure to adhere to these requirements may result in rejection of the request. Information Required in Ruling Requests
Ruling requests must contain a complete statement of all relevant facts relating to the transaction including:
- The name, address, email address and phone number of the requesting party.
- The names, addresses, email addresses and other identifying information of all interested parties (if known) and the manufacturer ID code (if known).
- The name(s) of the port(s) in which the merchandise will be entered (if known).
- A description of the transaction; for example, a prospective importation (merchandise) from (country).
- A statement that there are, to the importer's knowledge, no issues on the commodity pending before CBP or any court.
- A statement as to whether classification (HTS) advice has been sought from a CBP office; and if so, from whom, and what advice was rendered, if any.
Ruling requests must also contain sufficient information to determine the proper tariff classification, such as:
- A full and complete description of the article, in the condition in which it will be imported.
- The article's principal use in the United States.
- The commercial, common, or technical designation.
- Electronic versions of illustrative literature, sketches, digital photographs, flow charts etc.
- Chemical analysis, flow charts, CAS number, etc.
- Inclusion of any special invoicing requirements in Part 141 of the Customs Regulations (if known).
- Ruling requests will contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind.
- Any other information which may assist in determining the appropriate tariff classification of the article.
If the ruling request does not conform to the above requirements, the request will be rejected detailing the additional information needed. This information will have to be resubmitted as a new request. |
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