CBP Eliminates Textile and Apparel Informal Entry for "Properly Marked Samples", Modifies Formal Entry Requirement
U.S. Customs and Border Protection has issued a memorandum announcing several changes to the entry requirements for imported textile and apparel products.
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According to CBP sources, these changes are effective immediately.
Formal Entry Regardless of Value Requirement Terminated
CBP is terminating its policy of requiring a formal entry for textiles and apparel that were due to quota and/or visa concerns, regardless of the value of the shipment.
(Note that 19 CFR 143.22 still allows formal entry to be required by a port director for any merchandise (including textiles and apparel) if necessary for import admissibility enforcement purposes, revenue protection, or the efficient conduct of Customs business.)
Formal Entry Still Required if Value Over $250
However, formal entry continues to be required, pursuant to 19 CFR 143.21(a), for shipments of articles valued in excess of $250, classified in the following tariff numbers1:
- 3901.10.1000 through 4303.00.0000
- 5001.00.0000 through 6704.90.0000
- 9401.10.4000 through 9406.00.8090
- 9903.02.21 through 9904.52.50
Note that shipments in this tariff range that are valued at $250 or less may still be entered using informal entry procedures.
CBP considers raising value. CBP adds that it is in the process of reviewing 19 CFR 143.21(a) to raise the value above $250. Before a change can be made, it must be proposed through the rulemaking process (note that non-textile/non-apparel shipments only require formal entry if the shipment is valued over $2000).
Informal Entry for Properly Marked Commercial Sample Shipments Terminated
CBP also states that as imported textiles and apparel are no longer subject to visa arrangements, no provisions remain that allow informal entry for properly marked commercial sample shipments.
(CBP had also allowed any country not subject to quota or visa requirements to file an informal entry for properly marked commercial sample shipments valued at $250 or less.)
According to CBP, samples entering the U.S. must now meet the conditions in HTS Chapter 98, under 9811.00.60, which provides for mutilated samples (duty-free), or another chapter 98 provision.
(Sources note that informal entry is still available under 19 CFR 143.21(a) if the sample is valued at $250 or less.)
1The regulations express this tariff range as HTS Sections VII, VIII, XI, and XII; Chapter 94; and Chapter 99, subchapters III and IV
(See ITT's Online Archives or 09/11/01 and 09/10/01 news, 01091057 and 01091116, for BP summaries of CBP's previous policy on formal entry for textiles and apparel, TBT-01-036.)
CBP contact: Nancy Mondich (202) 863-6524
CBP TBT-09-007 (dated 06/10/09) available at http://www.cbp.gov/linkhandler/cgov/trade/priority_trade/textiles/tbts/tbt2009/tbt_09_007.ctt/tbt_09_007.pdf
BP Note
According to sources, although the textile and apparel formal entry requirement implemented pursuant to 19 CFR 143.22 could have been terminated earlier (when quota and visa requirements were eliminated), the requirement remained in place until there was time to reprogram the Automated Commercial System (ACS).