| Title: | COSTUME GRACE PERIOD |
|---|---|
| Date: | 2002-07-09 |
| To: | abi |
| Links: | previous, next |
TO: ALL ABI BROKERS.
FROM: CHERIE B ZZ-PARSONS
SUBJECT: COSTUME GRACE PERIOD
DATE: 07/08/2002
AMENDED AMENDED AMENDED AMENDED
TO: DIRECTORS, FIELD OPERATIONS
FROM: EXECUTIVE DIRECTOR, TRADE PROGRAMS
OFFICE OF FIELD OPERATIONS
SUBJECT: QBT-2002-018- TBT- 02-009-03 GRACE PERIOD
EXTENDED INDEFINITELY ON CERTAIN TEXTILE COSTUMES
REF: QBT-2002-10 - TBT-02-009-02
BACKGROUND:
ON FEBRUARY 19, 2002, THE COURT OF INTERNATIONAL TRADE (CIT)
ISSUED A DECISION IN RUBIE'S COSTUME COMPANY V. UNITED STATES
WHICH HELD THAT CERTAIN IMPORTED COSTUMES ARE CLASSIFIABLE AS
WEARING APPAREL UNDER CHAPTER 61 OR CHAPTER 62 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). THE DECISION
SUSTAINED THE POSITION OF A DOMESTIC INTERESTED PARTY UNDER THE
PROVISIONS OF SECTION 516, TARIFF ACT OF 1930, AS AMENDED (19
U.S.C. 1516). THIS DOCUMENT PROVIDES NOTICE OF THE COURT
DECISION AND INFORMS THE PUBLIC THAT IMPORTED TEXTILE COSTUMES
OF THE CHARACTER COVERED BY THE CUSTOMS DECISION PUBLISHED IN
THE FEDERAL REGISTER ON DECEMBER 4, 1998, WILL BE SUBJECT TO
CLASSIFICATION AND ASSESSMENT OF DUTY IN ACCORDANCE WITH THE CIT
DECISION. IN THE DECISION, CERTAIN COSTUMES PREVIOUSLY
CLASSIFIED UNDER HEADING 9505 ARE NOW TO BE CLASSIFIED UNDER
CHAPTERS 61 AND 62 AND ARE SUBJECT TO APPLICABLE VISA QUOTA
REQUIREMENTS. THERE IS NO CHANGE FOR THOSE COSTUMES NORMALLY
CLASSIFIED UNDER CHAPTERS 61 AND 62.
IN A DIRECTIVE DATED MARCH 4, 2002, THE COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE AGREEMENTS (CITA) ESTABLISHED A GRACE
PERIOD BEFORE IMPOSING QUOTA AND VISA REQUIREMENTS ON THESE
COSTUMES. ON MARCH 22, 2002, CITA EXTENDED THIS GRACE PERIOD
FOR THESE GOODS, IF THE GOODS WERE EXPORTED BEFORE JUNE 1, 2002,
AND ENTERED FOR CONSUMPTION OR WITHDRAWN FROM CONSUMPTION BEFORE
AUGUST 1, 2002.
ACTION:
EFFECTIVE JUNE 25, 2002, IN A DIRECTIVE THAT WAS ISSUED BY CITA
ON JUNE 20, 2002, THIS GRACE PERIOD HAS BEEN EXTENDED UNTIL
FURTHER NOTICE. QUOTA VISAS EXEMPTIONS WILL BE RETROACTIVE TO
COVER AFFECTED COSTUMES EXPORTED BETWEEN JUNE 1, 2002 AND THE
EFFECTIVE DATE OF THE DIRECTIVE.
THIS EXEMPTION INCLUDES ALL ITEMS CONTAINED IN A COSTUME SET,
FORMALLY CLASSIFIED UNDER 9505 AND NOW CLASSIFIED IN CHAPTER 61
OR CHAPTER 62 BASED ON GRI 3 (B). THIS EXEMPTION DOES NOT
AFFECT COSTUMES OR COSTUME SETS THAT WERE PREVIOUSLY CLASSIFIED
UNDER CHAPTER 61 AND 62. THESE GOODS, IF CLASSIFIED IN CHAPTER
61 OR 62, ARE STILL SUBJECT TO ANY APPLICABLE VISA QUOTA
REQUIREMENTS.
FOR MERCHANDISE COVERED BY THIS DECISION, THE FILER MUST
CONTINUE TO FILE A NON-ABI ENTRY SUMMARY USING ENTRY TYPE CODE
"01". IF VISA QUOTA MERCHANDISE IS MIXED WITH COSTUMES SUBJECT
TO THIS DECISION, THE FILER MUST MAKE SEPARATE ENTRIES, AN ENTRY
TYPE 01 FOR THE MERCHANDISE THAT CONTAINS COSTUMES EXEMPT FROM
VISA QUOTA REQUIREMENTS AND AN ENTRY TYPE 02 FOR THE MERCHANDISE
THAT IS SUBJECT TO VISA QUOTA REQUIREMENTS. THIS PROCEDURE WILL
REMAIN IN EFFECT UNTIL FURTHER NOTICE.
INFORMATION:
PLEASE PASS THIS INFORMATION TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, IMPORT SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS,
BROKERS AND IMPORTERS.
IF THERE ARE ANY QUESTIONS OR PROBLEMS WITH THE FILING OF
ENTRIES, PLEASE CONTACT THE QUOTA BRANCH AT (202) 927-5850.
IF THERE ARE ANY QUESTIONS PERTAINING TO THE SCOPE OF THE
COVERAGE BASED ON THE COURT DECISION, PLEASE CONTACT REBECCA
HOLLAWAY, OFFICE OF REGULATIONS AND RULINGS, (202) 927-2394.
IF THERE ARE ANY QUESTIONS ON OPERATIONAL ISSUES, PLEASE CONTACT
CHERIE PARSONS AT (202) 927-7002 OR ROBERT ABELS AT (202) 927-1959.
\S\
ELIZABETH G. DURANT