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October 2024, question 18

Practical Exercise · Rules of origin and trade programs

NBB determines it needs to make a USMCA post-summary claim on a type 01 consumption entry filed on behalf of Echo. Of the following methods for making post-summary claims, which ONE cannot be used to make a post-summary claim under the USMCA?

  1. File a post-summary claim under 19 USC 1520(d).
  2. File a post-summary correction (PSC).
  3. File a reconciliation entry as long as the originally filed entry was flagged for FTA reconcilation.
  4. File a protest under 19 USC 1514 after the entry liquidates.
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CBP's answer: B. B: File a post-summary correction (PSC).

CBP keyed B. The USMCA indicator is among the data elements that cannot be changed through a PSC, so a PSC cannot be used for the claim. A USMCA claim can be made under 19 USC 1520(d) within one year of importation (182.31), by protest after liquidation (refusal to reliquidate under 520(d) is protestable), or through a reconciliation entry when the entry was flagged.

Data elements that cannot be changed for any entry type: • Importer of Record ACE BRPD Section 6.5
the importer of that good may file a claim for a refund of any excess customs duties at any time within one year after the date of importation of the good in accordance with 19 U.S.C. 1520(d) 19 CFR 182.31
The refusal to reliquidate an entry under section 520(d), Tariff Act of 1930, as amended (19 U.S.C. 1520(d)) 19 CFR 174.11(b)(8)

Search for: post-importation claim USMCA

CBP's key cites: ACE BRPD Chapter 6; ACE BRPD Chapter 10; 19 CFR 182.31; 19 CFR 174.11

Question and key from CBP's October 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).