(a) Determination of quota priority and status. Quota priority and status are determined as of the time of presentation of the entry summary for consumption, or withdrawal for consumption, in proper form in accordance with Sec. 132.1(d).
(b) Documentation and deposit of duties in proper form required. Merchandise covered by an entry summary for consumption, which serves as both the entry and entry summary, or by a withdrawal for consumption, shall be regarded as entered for purposes of quota priority and shall acquire quota status if:
(1) The entry summary or withdrawal for consumption is in proper form, and duties have been attached to the entry summary or withdrawal for consumption in proper form; or
(2) The entry summary for consumption is in proper form, and the entry/entry summary information and a valid scheduled statement date (pursuant to Sec. 24.25 of this chapter) have been successfully received by Customs via the Automated Broker Interface. See Sec. Sec. 141.4, 141.63, 141.68, 141.69, and 141.101 of this chapter.
(c) Informal entries. Mail entries or informal entries shall be regarded as presented for purposes of quota priority when all requirements have been met for the preparation of such an entry.
(d) Premature presentation of entry or withdrawal. Quota status will not attach to merchandise in a quota period by reason of the presentation of an entry or withdrawal for consumption at any time prior to the opening of that period. [T.D. 73-203, 38 FR 20230, July 30, 1973, as amended by T.D. 79-221, 44 FR 46814, Aug. 9, 1979; T.D. 89-104, 54 FR 50498, Dec. 7, 1989] Sec. 132.11a Time of presentation.
(a) General rule. Except as provided in paragraph (b) of this section, the time of presentation of an entry/entry summary for quota purposes shall be the time of delivery in proper form of:
(1) An entry summary for consumption, which serves as both the entry and the entry summary, with estimated duties attached; or
(2) An entry summary for consumption, which shall serve as both the entry and the entry summary without estimated duties attached, if the entry/entry summary information and a valid scheduled statement date have been successfully received by Customs via the Automated Broker Interface (see Sec. 132.1(d)(2); payment must be subsequently made by the statement processing method as set forth in Sec. 24.25 of this chapter); or
(3) A withdrawal for consumption with estimated duties attached.
(b) Before arrival of merchandise. The entry summary for consumption, without estimated duties attached, may be submitted for preliminary review before the merchandise arrives within the limits of the port where entry is to be made. In that case, the time of presentation of the entry summary for consumption shall be the time estimated duties are deposited after the importing carrier arrives within the port limits.
(c) Failure to use statement processing method. If presentation is chosen to be made pursuant to Sec. 132.11a(a)(2) and payment is not made as required through the statement processing method, the port director may require filing of an entry summary for consumption with estimated duties attached as described in Sec. 132.11(a)(1) for future filings. [T.D. 79-221, 44 FR 46814, Aug. 9, 1979, as amended by T.D. 89-104, 54 FR 50498, Dec. 7, 1989]