| Title: | TBT-02-034: CARIBBEAN BASIN TR |
|---|---|
| Date: | 2002-09-20 |
| To: | abi |
| Links: | previous, next |
DATE: 09/19/2002
TO: DIRECTORS, FIELD OPERATIONS
FROM : EXECUTIVE DIRECTOR, TRADE COMPLIANCE AND FACILITATION
OFFICE OF FIELD OPERATIONS
SUBJECT: TBT-02-034: CARIBBEAN BASIN TRADE PARTNERSHIP ACT
(CBTPA) BRASSIERE PROVISION UPDATE
REF: TBT-02-018: UNIQUE IDENTIFIER NUMBER REQUIRED ON CLAIMS
UNDER THE BRASSIERE PROVISION OF THE CBTPA
TBT-02-015: UPDATED INFORMATION FOR THE CBTPA
BRASSIERE PROVISION
TBT-01-045: CBTPA BRASSIERE IMPLEMENTATION INFORMATION
TBT-01-053: BRASSIERE PROVISION IDENTIFIER NUMBERS
BACKGROUND:
THE TRADE ACT OF 2002 MODIFIED CERTAIN ELIGIBILITY REQUIREMENTS OF THE
BRASSIERE PROVISION OF THE CBTPA. THE LANGUAGE OF THE NEW LEGISLATION
IS REPRODUCED BELOW.
SECTION 3107(A)(5) OF THE TRADE ACT OF 2002 AMENDS SECTION
211(B)(2)(A)(IV) OF THE CBTPA.
**(II) LIMITATION. "DURING THE 1- YEAR PERIOD BEGINNING ON OCTOBER 1,
2001, AND DURING EACH OF THE 6 SUCCEEDING 1-YEAR PERIODS, APPAREL ARTICLES
DESCRIBED IN SUBCLAUSE (I) OF A PRODUCER OR AN ENTITY CONTROLLING
PRODUCTION SHALL BE ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER
SUBPARAGRAPH (B) ONLY IF THE AGGREGATE COST OF FABRICS (EXCLUSIVE OF ALL
FINDINGS AND TRIMMINGS) FORMED IN THE UNITED STATES THAT ARE USED IN THE
PRODUCTION OF ALL SUCH ARTICLES OF THAT PRODUCER OR ENTITY THAT ARE
ENTERED AND ELIGIBLE UNDER THIS CLAUSE DURING THE PRECEDING 1-YEAR
PERIOD IS AT LEAST 75 PERCENT OF THE AGGREGATE DECLARED CUSTOMS VALUE
OF THE FABRIC (EXCLUSIVE OF ALL FINDINGS AND TRIMMINGS) CONTAINED
IN ALL SUCH ARTICLES OF THAT PRODUCER OR ENTITY THAT ARE ENTERED AND
ELIGIBLE UNDER THIS CLAUSE DURING THE PRECEDING 1-YEAR PERIOD."
ACTION:
EFFECTIVE FOR SHIPMENTS ENTERED ON OR AFTER OCTOBER 1, 2002, A
DECLARATION OF COMPLIANCE MUST BE COMPLETED USING THE NEW CRITERIA FROM
THE TRADE ACT OF 2002. UNTIL SUCH TIME AS A FORMAT FOR A NEW
DECLARATION OF COMPLIANCE IS CREATED, ALL PRODUCERS OR ENTITIES
CONTROLLING PRODUCTION WHO WISH TO RECEIVE PREFERENTIAL DUTY TREATMENT
UNDER HTS 9820.11.15, MAY USE THE EXISTING FORMAT PUBLISHED IN CUSTOM
REGULATION 10.228. HOWEVER MEET THE REQUIREMENTS OF SECTION
211(B)(2)(A)(IV) OF THE CBTPA, AS AMENDED BY SECTION 3107(A)(5) OF THE
TRADE ACT OF 2002.
PLEASE PASS THIS MEMORANDUM TO PORT DIRECTORS, ASSISTANT PORT
DIRECTORS, IMPORT SPECIALISTS, INSPECTORS, ENTRY SPECIALISTS, BROKERS
AND IMPORTERS.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS ADMINISTRATIVE NOTICE,
PLEASE CALL MR. ROBERT ABELS AT (202) 927-1959, OR MR. SALVATORE INGRASSIA
AT (646) 733-3091.
(JANET L. LABUDA SIGNED FOR)
ELIZABETH G. DURANT
CC: ACTING EXECUTIVE DIRECTOR, FIELD OPERATIONS
DIRECTOR, NEW YORK STRATEGIC TRADE CENTER