§ 10.562Framework for correcting claims or supporting statements.
(a)“Promptly and voluntarily” defined. Except as provided for in paragraph (b) of this section, for purposes of this subpart, the making of a corrected claim or supporting statement will be deemed to have been done promptly and voluntarily if:
(i) Done within one year following the date on which the importer made the incorrect claim; or
(ii) Done later than one year following the date on which the importer made the incorrect claim, provided that the corrected claim is made:
(A) Before the commencement of a formal investigation, within the meaning of § 162.74(g) of this chapter; or
(B) Before any of the events specified in § 162.74(i) of this chapter has occurred; or
(C) Within 30 days after the importer initially becomes aware that the incorrect claim is not valid; and
(2) Accompanied by a statement setting forth the information specified in paragraph (c) of this section; and
(3) Accompanied or followed by a tender of any actual loss of duties and merchandise processing fees, if applicable, in accordance with paragraph (e) of this section.
(b)Exception in cases involving fraud or subsequent incorrect claims—
(1)Fraud. An importer who acted fraudulently in making an incorrect claim may not make a voluntary correction of that claim. For purposes of this paragraph, the term “fraud” will have the meaning set forth in paragraph (C)(3) of appendix B to part 171 of this chapter.
(2)Subsequent incorrect claims. An importer who makes one or more incorrect claims after becoming aware that a claim involving the same merchandise and circumstances is invalid may not make a voluntary correction of the subsequent claims pursuant to paragraph (a)(1)(ii)(C) of this section.
(c)Statement. For purposes of this subpart, each corrected claim must be accompanied by a statement, submitted in writing or via an authorized electronic data interchange system, which:
(1) Identifies the class or kind of good to which the incorrect claim relates;
(2) Identifies each affected import transaction, including each port of importation and the approximate date of each importation.
(3) Specifies the nature of the incorrect statements or omissions regarding the claim; and
(4) Sets forth, to the best of the person's knowledge, the true and accurate information or data which should have been covered by or provided in the claim, and states that the person will provide any additional information or data which is unknown at the time of making the corrected claim within 30 days or within any extension of that 30-day period as CBP may permit in order for the person to obtain the information or data.
(d)Substantial compliance. For purposes of this section, a person will be deemed to have submitted the statement described in paragraph (c) of this section even though that person provided corrected information in a manner which does not conform to the requirements of the statement specified in paragraph (c) of this section, provided that the information submitted includes, orally or otherwise, substantially the same information as that specified in paragraph (c) of this section.
(e)Tender of actual loss of duties. A U.S. importer who makes a corrected claim must tender any actual loss of duties at the time of making the corrected claim, or within 30 days thereafter, or within any extension of that 30-day period as CBP may allow in order for the importer to obtain the information or data necessary to calculate the duties owed.
(f)Applicability of prior disclosure provisions. Where a person fails to meet the requirements of this section, that person may nevertheless qualify for prior disclosure treatment under 19 U.S.C. 1592(c)(4) and 162.74 of this chapter.
Title 19 published on 2013-04-01
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