Is a quota on trade imposed by the exporting country typically at the request of the importing countrys government?

All imports of beef under the TRQ in Chapter 2, Additional U.S. Note 3 from Argentina, Australia, New Zealand, and Uruguay require an export certificate in order to qualify for the in-quota (low) duty rate.

The beef export certificate is not required for release of the merchandise. And, as long as the document was not omitted because of willful negligence or fraudulent intent, the certificate may be filed any time prior to the liquidation becoming final. However, if an importer does not claim the in-quota (low) duty rate at the time of entry summary and files a claim prior to final liquidation, only if the quota is available in sufficient balance is the importer entitled to the in-quota (low) duty rate.

The tuna quota restraint limit is determined by the National Marine Fisheries Service (NMFS). Complete data needed for NMFS to calculate apparent consumption is not available until mid-March. NMFS informs CBP of the final restraint limit as soon as possible after the calculation is completed. Therefore, CBP announces the quota opening on January 1 with a preliminary (estimated) restraint limit provided by NMFS in December.

In order to ensure that all importers are given the opportunity to take advantage of the tuna quota at the in-quota (low) duty rate in the event that the total quantity presented at opening exceeds the final quota limit, importers are required to follow opening moment procedures. Additionally, importers must use one of the over-quota (high) duty rate HTSUS provisions, and deposit the corresponding duty in order to obtain release of the merchandise. Liquidation of entry summaries properly presented for the opening is withheld until CBP receives the final restraint limit. At that time, HQ Quota calculates the proration if necessary and issues proration/liquidation information to the field and trade so that refunds can be processed.

In most cases, an entry summary will have liquidated with a date in the future. This allows port personnel to unset the liquidation and issue the refund without difficulty. The exception is warehouse entry summaries for which a final withdrawal has been submitted. These entry summaries have an abbreviated liquidation cycle and, if inadvertently allowed to liquidate, the final liquidation of the warehouse entry may occur prior to the receipt of the final restraint limit. Importers who may find themselves in this situation are advised to coordinate with the port where the eligible entry summaries were filed and submit protests as appropriate to ensure proper processing of applicable refunds once the final proration is determined.

To be deemed valid, a CQE must have the following information:

CQE number;

Current quota period;

Quantity;

Name of shipper; and

Signature or stamp by a certifying official.

Imports of raw sugar are sampled and sent to CBP labs to determine the out-turn weight. The final out-turn weight is critical for correct reporting against a country's quota limit. The lab results are used to update the quantities reported against the quota.

If, after final out-turn weights are received, a country's quota limit is exceeded, then the overage is reported against the next year's limit, thereby reducing the amount of sugar the country can import at the in-quota (low) duty rate.

When an entry summary of raw cane sugar subject to a TRQ is initially presented, the entered quantity is multiplied by a factor of 1.04375 and the new quantity reported. This factoring is meant to take into account the anticipated adjustments in out-turn weight associated with the purity (polarity) determinations received from the lab. Once a lab report is received, final adjustments for quantity are made and the weight is reported based on the lab results. This also may explain some confusion regarding sudden changes to the fill rate or initial entered quantity on an individual entry summary line.

Raw sugar from a country without a TRQ quantity allocation may be entered at the over-quota (high) duty rate. In this case, no CQE is required. However, shipments entered at the over-quota duty rate may be subject to additional agricultural safeguard duties  depending on the country of origin.

USTR determines the Tariff Rate Quota quantity limits for refined and specialty sugar. Normally, there is one combined (global) opening for both refined and specialty sugar. The initial opening is for refined and specialty sugar on a global first-come, first-served basis with no certificate required. There are also subsequent openings for specialty sugar, for which a specialty sugar certificate issued by USDA is required. Specialty sugar certificates may be issued for either the entire quota period or a specific opening within the quota period. After the global allocation fills, there is also a separate quota available for refined sugar from Canada for which an original CQE is required.

Is a quota on trade imposed by the exporting country typically at the request of the importing country's government?

Is a quota on trade imposed by the exporting?

What is a trade import quota?

What is an export quota?