A&M Industries entered one entry of peanut butter from India as a type 01 consumption entry on May 1, 2024. Peanut butter from India is subject to a tariff rate quota with an in-quota tariff rate of 0%. The 2024 quota period is January 1, 2024, to December 31, 2024. The quota for this period has closed but it did not fill. On January 31, 2025, A&M Industries wishes to amend the entry summary to change the entry to a type 02 quota entry. Can A&M Industries claim quota for the 2024 quota period?
How to get there
Quota status isn't something you add later. It attaches at presentation:
19 CFR 132.11(a)Quota priority and status are determined as of the time of presentation of the entry summary for consumption … in proper form …
A&M filed a type 01 consumption entry, so it never claimed quota. Its goods were never charged against the 2024 quota. By January 31, 2025, the 2024 period (January 1–December 31, 2024) has closed. CBP's processing rules show what an after-the-fact correction does:
ACE Business Rules and Process Document, 7.14: Post Summary CorrectionsPost Summary Corrections (PSCs) through ACE will automatically change PRESENTATION dates and DROP quota. … If the PSC is outside of the original quota period … the original quota presentation date will be lost, and incorrect period quota will be attached.
A correction filed now would get a new presentation date in the wrong period. It can't place the goods in the closed 2024 period. So the answer is no, because the period has closed: B.
Why the other choices are wrong
A) A PSC claiming 2025 quota: the goods were entered in May 2024. Charging them to the 2025 quota is exactly the "incorrect period quota" that § 7.14 warns about, not a valid claim.
C) Cancel the entry and file a replacement quota entry: a replacement entry still couldn't be presented in a quota period that has already closed.
D) Ask HQ Quota for a 2024 reservation: HQ Quota reservations protect quota already attached to an entry when a PSC would otherwise drop it. They don't create a new quota claim in a closed period for an entry that never claimed quota.
TipBefore filing a PSC on any entry with quota lines, check whether you need to reserve quota with HQ Quota first. A PSC resets the presentation date and drops quota, and a reservation expires if you don't retransmit within 5 business days.
Sources: 19 CFR 132.11(a), (d); ACE Entry Summary Business Rules and Process Document (Trade External v11.0), Section 7.14.