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CBP Notices on U.S.-Singapore FTA "3rd Country" TPL for Certain Cotton/MMF Apparel

U.S. Customs and Border Protection (CBP) has issued a notice on the U.S.-Singapore Free Trade Agreement's (SFTA's) 2004 Tariff Preference Level (TPL) for imports from Singapore of cotton or MMF apparel goods, or apparel goods subject to cotton or MMF restraints, the foregoing that are both cut (or knit-to-shape) and sewn or otherwise assembled in Singapore from fabric or yarn produced or obtained outside the territory of Singapore or of the U.S. ("3rd Country").

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The SFTA TPL is a temporary provision provided in HTS Chapter 99 Subchapter X, U.S. Note 13 for the years 2004-2011, and is scheduled to decrease by 3,125,000 SME each successive year it is in place.

(CBP has also issued a notice concerning the HTS numbers for ensembles subject to this TPL under HTS 9910.61.06.)

"3rdCountry" SFTA TPL Contains 25 "Duty Rate" Subdivisions

CBP states that this 2004 SFTA TPL opened for 25,000,000 square meter equivalents (SME) on January 2, 2004 at 12:00 noon, E.S.T., or its equivalent in other time zones, for exports during the period January 1, 2004 through December 31, 2004.

The TPL covers apparel goods provided for in 282 eight-digit HTS Chapters 61 and 62 tariff numbers, which are assigned variously, to one of 25 different duty rate subdivisions, as specified in HTS 9910.61.01 through 9910.61.89. (These duty rates also decrease each year, until they are zero in 2008).

Non-ABI Entries Required Until SFTA Programming Completed

CBP states that due to ongoing system programming for the Singapore FTA, ABI transmission of entries for eligible goods is not available at this time. Therefore, filers are required to file non-ABI entries until further notice. CBP states that ports and the trade community will be notified once this programming is completed.

"3rd Country" TPL Claims Require Certificate of Origin, Quota/Visa as Applicable

In its notice, CBP provides the following instructions with regard to imports of apparel covered under the "3rd Country" SFTA TPL:

Certificate of Origin/Eligibility required. CBP states that a valid, original preferential certificate of origin/eligibility is required when making this TPL claim, and must be included with the entry documents.

The original certificate of origin/eligibility will contain a stamp by the Director General of the Singapore Customs in box 12 of the certificate.

CBP states that the first number of the certificate must match the year of presentation. For example, merchandise entered in 2004 must be accompanied by a 2004 certificate (i.e. 4SG123456). CPB explains that the certificate number will be issued in the standard visa format (i.e. 3 SG123456) and must be reflected in column 34 on the CF 7501. CBP states that its field personnel will manually input the certificate in the certificate field of the QUSP screen.

Merchandise subject to visa/quota restrictions. CBP states that merchandise that was previously subject to visa/quota restrictions will continue to be subject to visa/quota restrictions when making a TPL claim.

Merchandise that is eligible for the TPL and subject to the absolute quota will require a certificate of origin/eligibility and an Electronic Visa Information System (ELVIS) visa transmission. In this case, CBP states that the visa must be reflected in column 34 followed by the certificate number.

(Subscribers should note that once the TPL allocation is reached, goods will be allowed to enter at the general Column 1 rate of duty as noted in the HTS.)

CBP Contact - Christine DeRiso (202) 927-5385

CBP notice on 2004 SFTA TPL (QBT-2003-062, Adm 03-3013, dated 12/30/03) available at http://www.customs.ustreas.gov/ImageCache/cgov/content/import/textiles/qbt/qbt2003/2003_2d062_2edoc/v1/2003_2d062.doc

CBP notice on ensembles subject to this TPL under HTS 9910.61.06 (QBT-2003-063, Adm 03-3014, dated 12/30/03) available athttp://www.customs.ustreas.gov/ImageCache/cgov/content/import/textiles/qbt/qbt2003/2003_2d063_20_2edoc/v1/2003_2d063_20.doc