CBP Issues Final Rule on Fabric Content Requirements for CBTPA Brassieres
U.S. Customs and Border Protection (CBP) has issued a final rule (CBP Dec. 04-40), effective December 30, 2004, which adopts with minor changes two interim rules (T.D. 01-74 and CBP Dec. 03-29) regarding standards for preferential treatment for brassieres imported under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA).
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(Brassieres are eligible for CBTPA duty- and quota-free (as well as visa-free) treatment under HTS 9820.11.15 if they are classifiable under HTS 6212.10, are both cut and sewn or otherwise assembled in the U.S. and/or one or more CBTPA beneficiary countries, and meet the 75/85 percent requirements concerning aggregate cost of U.S.-formed fabrics, etc. contained in U.S. Note 2(d) to HTS Chapter 98, Subchapter XX.)
T.D. 01-74 (effective October 4, 2001) added a new 19 CFR 10.228 to set forth specific rules for the application of the minimum 75 and 85 percent U.S. fabric component content requirements for CBTPA brassieres, while CBP Dec. 03-29 (effective September 30, 2003) revised 19 CFR 10.228 in order to reflect certain statutory amendments made by the Trade Act of 2002 (Act), as well as modifications to the HTS made by Presidential Proclamation 7626 to reflect these amendments, and to clarify or otherwise improve the previously published text.
(T.D. 01-74 also amended 19 CFR 10.222, 19 CFR 10.223(a)(6) and (7), and the Appendix to 19 CFR Part 163.)
(See ITT's Online Archives or 10/04/01 and 10/03/03 news, 01100406 and 03100325, for BP summaries of T.D. 01-74 and CBP Dec. 03-29, respectively.)
Final Rule Makes Changes to Blocks 4-6 of Declaration of Compliance, Etc.
CBP states that while it has not adopted any changes identified and discussed in connection with public comments, it has amended blocks 4-6 of the declaration of compliance for brassieres by adding exclusion language regarding findings and trimmings after each reference to fabric(s) as provided for in section 3107(a) of the Act.
Additionally, wherever the term "Customs" appears in the CBP regulations affected by this final rule (i.e., 19 CFR 10.228), it is replaced with the term "CBP."
CBP refers to CBP Dec. 03-29 as T.D. 03-29
| Robert Abels | (operational issues) | (202) 344-1959 |
| Cynthia Reese | (legal issues) | (202) 572-8790 |
CBP final rule (CBP Dec. 04-40, FR Pub 11/30/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-26359.pdf