CBP Issues Interim Rule on Country of Origin of Textile and Apparel Products (Textile Declaration Eliminated, MID Now Required to Identify Textile Manufacturer, Etc.) ( Part I )
U.S. Customs and Border Protection (CBP) has issued an interim rule, effective October 5, 2005, which it states amends 19 CFR Parts 12, 102, 141, 144, 146 and 163 in order to update, restructure, and consolidate the regulations relating to the country of origin of textile and apparel products.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
CBP states that the interim rule reflects changes brought about, in part, by the expiration on January 1, 2005, of the Agreement on Textiles and Clothing (ATC) and the resulting elimination of quotas on the entry of textile and apparel products from World Trade Organization (WTO) members (except for textile and apparel products subject to safeguard actions taken under China's Accession Agreement to the WTO).
This is Part I of a multi-part series of summaries on this interim rule, and highlights CBP's comments in the preamble to the regulatory text regarding the elimination of the textile declaration requirement and the new requirement that the Manufacturer Identification Code (MID) identify the origin-conferring textile manufacturer. See future issues of ITT for additional summaries.
Elimination of textile declaration. According to CBP, the primary regulatory change in this interim rule is the elimination of the requirement that a textile declaration be submitted for all importations of textiles and apparel products subject to Section 204, Agricultural Act of 1956, as amended.
MID now required to identity origin-conferring textile manufacturer. In addition, the interim rule includes a new requirement that importers of textile or apparel products from all countries identity the origin-conferring manufacturer of the imported textile or apparel product.
Specifically, CBP states that it is now requiring importers of textile and apparel products to include in the CBP Form 3461 (Entry/Immediate Delivery) and CBP Form 7501 (Entry Summary), and in all electronic data transmissions that require identification of the manufacturer, an MID which is derived from the name and address of the entity performing the origin-conferring operations.
The interim rule also adds an appendix to the regulations to set forth rules for the proper construction of MIDs.
(CBP adds that the MID required for textile or apparel goods only differs from the MID required for all other products, in that the MID for textile or apparel goods must identify the manufacturer of the imported product. The MID for all other products must identify either the manufacturer or shipper.)
(Note that both the Department of Homeland Security (DHS) and the Department of Treasury are listed as the issuing departments.)
- written comments due by December 5, 2005
| Robert Abels (Operational) | (202) 344-1959 |
| Cynthia Reese (Legal) | (202) 572-8812 |
CBP interim rule (CBP Dec. 05-32; USCBP-2005-0009, FR Pub 10/05/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-19985.pdf