CBP Issues Textile and Apparel "Visa Overage and Visa Weight Guidance

Although CBP states that this TBT is a reissuance of VBT 88-60 and VBT 89-64, it is different in a number of respects, the most prominent of which is the smaller overage percentile allowed for textiles and apparel visaed by quantity (e.g. in dozens).

The following is a transcription of CBP's new guidance (with bold and italicized subtitles added for ease of reading):

Overages of 10% or less by weight or 5% or less by quantity. For an overage of 10 percent or less by weight or 5 percent or less by quantity, the port director may accept the visa presented to CBP and allow destruction, exportation, or abandonment of the excess quantities.

Under no circumstances can an importer be allowed to release the visaed amount, and later release the excess amount under a new visa or visa waiver. If the importer refuses to destroy, export or abandon the excess amount, the only alternative is to secure a new visa or visa waiver for the entire quantity before any portion of the shipment is released from the custody of CBP.

Overages greater than 10% by weight or 5% by quantity. For an overage greater than 10 percent by weight or 5 percent by quantity, the visa presented with the entry is invalid and the importer must get a new visa, or a visa waiver, to cover the entire amount of the shipment before any amount of the merchandise is released from the custody of CBP.

Visa and quota weight is total weight of articles as they are worn or used. The weight to be shown on the visa stamp and reported to quota is the total weight of the articles as they are worn or used. Packaging materials such as plastic wrappers, tissue paper, cardboard, pins and hangtags are to be excluded when determining visa weight.

Importers are advised that it is not net weight or net net weight that is to be reported to quota since the trade does not have a uniform definition of what that is, but the weight of the article as it is used.

CBP contact - Susan Thomas (202) 927-3719

TBT-04-013 (dated 05/28/04) available at http://www.cbp.gov/ImageCache/cgov/content/import/textiles/tbt/tbt2004/tbt_5f04_5f013_2edoc/v1/tbt_5f04_5f013.doc.

Differences in this new guidance and VBT 88-60 and VBT 89-64 include (partial list):

VBT-88-60 (on visa overages) refers simply to overages of 10% or less (with no distinction made between weight overages (where a 10% or less overage is allowed) and quantity overages (where only a 5% or less overage is allowed).

VBT 89-64 (on weight to be shown on visa stamp) provides explicit instructions and examples for textile articles which are visaed by weight, whether (1) classified alone under a single HTS number, (2) classified with non-textile articles under a single HTS number based on GRI 3(b) (as a set), or (3) classified with another textile article under a single HTS number based on GRI 3(b) (as a composite good). However, CBP's new guidance does not discuss such distinctions.

CBP's new guidance states that because the trade does not have a uniform definition of "net weight" or "net net weight", the weight of the article as it is used should be reported to quota. However, VBT 89-64 refers to net weight (in the context of GRI 3(b) sets) and in another document, CBP's 1988 interim guidance entitled "Guidelines for Weighing Textiles," CBP defines "net net weight" as the weight of the item as worn or as used.

BP is checking with CBP regarding these issues and will update subscribers as new information is available.

1988 and 1989 Guidance Documents availablefromBP

Copies of the following CBP guidance are availablefromBP by emailing documents@brokerpower.com:

1. 8 Guidance on Visa Overages (VBT-88-60)
2. 9 Guidance on Visa Weight (VBT-89-54)
3. 8 Interim "Guidelines for Weighing Textiles"