CBP has posted to its Web site its "critical list" of textiles and apparel subject to import quotas with entered quantities 85% or more filled as of September 28, 2004. CBP states that this "critical list" may be used by CBP as a reference for releasing quota merchandise "off line" when the Automated Commercial System (ACS) is down for longer than four hours. CBP notes that textile and apparel merchandise for Electronic Visa Information System (ELVIS) countries cannot be released "off line" until it is processed through quota. CBP further notes that if the system is down for more than 24 hours, Headquarters Quota Branch should be contacted for further instructions. CBP also states that merchandise subject to tariff-rate quotas (TRQs) that are filled, may be released if entered under the "over quota" (high) rate of duty. (CBP's critical list, dated 09/28/04, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/textile_critical_list/cl040928.ctt/cl040928.doc )
In the September 29, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 40), CBP issued notices: (a) proposing to modify a classification ruling on a feather "duster" tickler, and (b) revoking a classification ruling on certain laser units for barcode scanners. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by October 13, 2004 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Picacho, S.A.:
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice requesting public comments by October 13, 2004 regarding a "commercial availability" petition it received under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) on behalf of Jaclyn, Inc. of New York:
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message stating that, effective immediately, HTS 9801.00.1097 (Other American Goods Returned) has been changed to FD3 from FD1.
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting comments on adding several types of goods (e.g., ten HTS numbers for certain cheese, peaches, mandarins, and clementines in Chapters 4, 8, and 20) to its previously published list of goods whose duties may be increased in the event the U.S. cannot reach agreement with the European Union (EU) for adequate compensation owed under World Trade Organization (WTO) rules as a result of May 2004 EU enlargement and EU changes to its rice import regime.
U.S. Customs and Border Protection (CBP) has posted to its Web site a notice announcing the 2004/2005 quantities of certain knit apparel, described below, that are eligible to receive duty-free treatment under the U.S.-Caribbean Basin Trade Partnership Act (CBTPA) pursuant to HTS 9820.11.09 and 9820.11.12.
U.S. Customs and Border Protection (CBP) has posted to its Web site a notice announcing the 2004/2005 aggregate cap for apparel made from Andean Trade Promotion and Drug Eradication Act (ATPDEA) fabric, fabric components, or components knit-to-shape, etc. from ATPDEA/U.S. yarns (HTS 9821.11.25). (See today's ITT, 04092715, for BP summary of CITA's notice announcing this aggregate cap.) (QBT-04-541, dated 09/22/04, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/qbts/QBT2004/2004_541.ctt/2004_541.doc)
CIT rules against Customs' classification of Pop Up Wackeroos. In Mattel, Inc. and Fisher Price, Inc. (Mattel)v. U.S., the Court of International Trade (CIT) ruled in favor of Mattel that "Pop-Up Wackaroos" is properly classified under HTS 9504.90.4000 (3.9%, 1994) as "game machines, other than coin- or token-operated, etc."
In the September 15, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 38), CBP issued notices (a) detailing the dates and draft agenda for the 34th Session of the Harmonized System Committee (HSC), and (b) withdrawing a proposed modification of a classification ruling on the Fetch ToteTM dog toy.