CBP Issues Additional Instructions on Requirement for Origin-Conferring MID for Textiles and Apparel

MID Requirement in General, and for Textiles and Apparel

According to CBP's additional instructions, the MID is required for all entries in which a CBP Form 3461 and/or CBP Form 7501 must be submitted to CBP to make entry. This requirement would apply to both formal and informal entries.

For textile and apparel entries identified in 19 CFR 102.21(b)(5), CBP states that this MID must be constructed from the name and address of the manufacturer that performs the origin conferring operations pursuant to 19 CFR 102.21 or 19 CFR 102.22, as applicable.

Exclusions, Penalties, Reasonable Care, Etc.

CBP's additional instructions also state that if an importer cannot provide the name of the manufacturer that performed the origin conferring process, the goods can be excluded when there are admissibility concerns, i.e., if the importer cannot provide the name of the origin-conferring manufacturer when these goods are subject to quota/visa requirements.

(CBP sources state that such admissibility concerns could arise from circumvention issues, etc.)

If CBP determines that an MID for subject textile and apparel products is constructed from a party that did not conduct the origin-conferring manufacturing, then the importer and broker may be subject to penalties.

Importers can show that they exercised reasonable care by providing the broker with a statement naming the origin-conferring manufacturer of the merchandise or including the information on the invoice. The importer should obtain a statement from its agent providing the name and address of the factory that conducted the origin-conferring production for the merchandise.

(See ITT's Online Archives or 10/11/05 news, 05101105 for BP summary of CBP's original instructions on origin-conferring MIDs.

See ITT's Online Archives or 10/06/05 news, 05110605 for Part I of BP series of summaries on CBP interim rule which eliminated the textile declaration and required an origin-conferring MID for textiles and apparel. See ITT's Online Archives or 10/24/05 news, 05102405 for BP summary of grace period through November 18, 2005 for the origin-conferring MID requirement. )

CBP TBT-05-031, dated 12/23/05, available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/tbts/TBT2005/tbt_05_031.ctt/tbt_05_031.doc

BP Note

According to 19 CFR 102.21(b)(5), the textile and apparel products that require the MID to be constructed from the name and address of the entity performing the origin-conferring operations consist of any good classifiable in HTS Chapters 50 through 63, andany good classifiable in: