| Title: | FACT SHEET 23 |
|---|---|
| Date: | 1994-01-21 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBYN DAY
SUBJECT : NAF-FACT SHEET 23
DATE : 01/21/94
4013072
JANUARY 13, 1994
SPE-CO:TO:T:T RA
CATEGORY: NAF
TO: ALL ASSISTANT REGIONAL COMMISSIONERS (OPERATIONS),
DISTRICT, AREA AND PORT DIRECTORS OF CUSTOMS
FROM: ACTING DIRECTOR, OFFICE OF TRADE OPERATIONS
PASS TO ALL REGIONAL PROGRAM MANAGERS, NATIONAL IMPORT
SPECIALISTS, IMPORT SPECIALISTS, ENTRY OFFICERS,
INSPECTORS, BROKERS AND OTHER INTERESTED PARTIES
SUBJECT: NAFTA FACT SHEET # 23--TEXTILE DECLARATION AND
CERTIFICATE OF ORIGIN
ACTION: THE FOLLOWING IS ISSUED TO CLARIFY POINTS CONCERNING
THE REQUIREMENTS FOR THE CERTIFICATE OF ORIGIN (CF
434), THE CERTIFICATE OF ELIGIBILITY AND THE COUNTRY OF
ORIGIN TEXTILE DECLARATION (19 CFR 12.132).
A. TEXTILE DECLARATION (19 CFR 12.132)
1) A FEDERAL REGISTER NOTICE DATED DECEMBER 30, 1993,
LISTED ADDITIONAL COUNTRY OF ORIGIN TEXTILE DECLARATION
REQUIREMENTS FOR ALL TEXTILE AND APPAREL GOODS SUBJECT
TO THE PROVISIONS OF ANNEX 300-B OF THE NORTH AMERICAN
FREE TRADE AGREEMENT (NAFTA). A LIST OF THOSE PRODUCTS
IS FOUND IN APPENDIX 1.1 OF ANNEX 300-B.
THESE REQUIREMENTS STATE THAT FOR ORIGINATING AND NON-
ORIGINATING TEXTILE GOODS, AN IMPORTER MUST FURNISH A
COUNTRY OF ORIGIN DECLARATION FROM EACH U.S., CANADIAN,
AND\OR MEXICAN MANUFACTURER OR PRODUCER OF THE GOODS.
IF THERE ARE MULTIPLE MANUFACTURERS OR PRODUCERS, AN
IMPORTER MUST SUBMIT A SEPARATE COUNTRY OF ORIGIN
DECLARATION FOR EACH MANUFACTURER OR PRODUCER. THE
DECLARATION SHOULD CONTAIN ENOUGH INFORMATION TO ENABLE
CUSTOMS TO MAKE A PROPER DETERMINATION THAT THE
MERCHANDISE IS ENTITLED TO PREFERENTIAL TARIFF
TREATMENT UNDER NAFTA. IF THE DISTRICT DIRECTOR IS
UNABLE TO MAKE A DETERMINATION BECAUSE THE INFORMATION
IS INCOMPLETE, THEN THE IMPORTER WILL NOT BE ENTITLED
TO THE PREFERENTIAL TARIFF TREATMENT UNDER NAFTA.
FOR TEXTILE MERCHANDISE ENTERED UNDER 9802.00.8055,
9802.00.8065 AND 9802.00.9000, AND A NAFTA ORIGINATING
CLAIM IS NOT MADE, A SINGLE COUNTRY DECLARATION SIGNED
BY THE ASSEMBLER INDICATING THAT THE FABRIC WAS CUT IN
THE U.S. IS SUFFICIENT.
B. CERTIFICATE OF ORIGINS (CF 434)
1) CERTIFICATE OF ORIGINS ARE SEPARATE FROM THE
COUNTRY OF ORIGIN TEXTILE DECLARATION AND MUST BE
FILLED OUT FOR NAFTA ORIGINATING GOODS ONLY. THEY
NEED ONLY BE PRESENTED WHEN REQUESTED AND ARE NOT
A REQUIREMENT OF ENTRY.
2) CERTIFICATE OF ORIGINS ARE NOT REQUIRED FOR
TEXTILE MERCHANDISE PROPERLY CLASSIFIED UNDER
9802.00.9000, NON-ORIGINATING GOODS, GOODS ENTERED
UNDER TARIFF PREFERENCE LEVELS (TPLS), AND
FOLKLORE ARTICLES.
C. CERTIFICATE OF ELIGIBILITY
1) THIS IS NOT AN ADMISSIBILITY REQUIREMENT, BUT
MUST BE PRESENTED WITH THE ENTRY SUMMARY WHEN THE
NAFTA CLAIM IS MADE. IF THE IMPORTER DOES NOT
HAVE A CERTIFICATE OF ELIGIBILITY, AND THE
MERCHANDISE IS CONSIDERED NON-ORIGINATING, THEN
THE IMPORTER WILL NOT BE ENTITLED TO THE TARIFF
PREFERENTIAL TREATMENT UNDER NAFTA. THE IMPORTER
MAY FILE THE CERTIFICATE OF ELIGIBILITY AT A LATER
DATE FOLLOWING THE NORMAL PROTEST PROCEDURES
OUTLINED IN 19 CFR 174.12.
2) THE CERTIFICATE OF ELIGIBILITY MUST BE SHOWN ON
THE CF 7501, ALONG WITH THE ASSOCIATED CHAPTER 99
NUMBER IN ORDER TO QUALIFY FOR THE TPL.
3) THE CERTIFICATE OF ELIGIBILITY MUST BE ISSUED
FOR THE CORRECT YEAR OF EXPORT, I.E. THE
CERTIFICATE OF ELIGIBILITY NUMBER FOR MERCHANDISE
EXPORTED FROM MEXICO OR CANADA IN 1994 MUST BEGIN
WITH A FOUR (4) TO QUALIFY FOR THE TARIFF
PREFERENTIAL TREATMENT UNDER NAFTA.
INFO: ANY QUESTIONS REGARDING THIS ELECTRONIC MESSAGE SHOULD
BE REFERRED TO THE TEXTILE PRODUCTS BRANCH AT (202)
927-0001 OR 927-0705.
JANET L. LABUDA