CSMS Message: 95-000892

Title:9802.00.9000 - RECORDS
Date:1995-09-13
To:abi
Links:previous, next

TO : ALL ABI BROKERS.

FROM : HOWARD DUCHAN

SUBJECT : 9802.00.9000 - RECORDS

DATE : 09/13/95

5254171
SEPTEMBER 11, 1995

SPE-2 FO:TC:I:E HD
CATEGORY: TEX

SUBJECT: DOCUMENTARY SUBSTANTIATION FOR 9802.00.9000 CLAIMS

BACKGROUND: THE CURRENT CUSTOMS REGULATIONS REVISED AS OF APRIL 1, 1995
OMITTED THE RECORDKEEPING REQUIREMENTS FOR IMPORTATIONS UNDER
9802.00.9000. AS A RESULT WE HAVE HAD SEVERAL INQUIRIES INTO THE
RECORDKEEPING REQUIREMENTS FOR 9802.00.9000. THEREFORE, WE ARE ISSUING
THE FOLLOWING MESSAGE FOR YOUR INFORMATION. THIS MESSAGE WILL BE
POSTED TO THE BROKERS AND ON THE ABI BULLETIN BOARD.

INFORMATION: 9802.00.9000 PROVIDES FOR "TEXTILE AND APPAREL GOODS,
ASSEMBLED IN MEXICO IN WHICH ALL FABRIC WAS WHOLLY FORMED AND CUT IN
THE UNITED STATES WHICH (A) WERE EXPORTED IN CONDITION READY FOR
ASSEMBLY WITHOUT FURTHER FABRICATION, (B) HAVE NOT LOST THEIR PHYSICAL
IDENTITY IN SUCH ARTICLES BY CHANGE IN FORM, SHAPE OR OTHERWISE, AND
(C) HAVE NOT BEEN ADVANCED IN VALUE OR IMPROVED IN CONDITION ABROAD
EXCEPT BY BEING ASSEMBLED AND EXCEPT BY OPERATIONS INCIDENTAL TO THE
ASSEMBLY PROCESS PROVIDED THAT GOODS CLASSIFIABLE IN CHAPTERS 61, 62,
OR 63 MAY HAVE BEEN SUBJECT TO BLEACHING, GARMENT DYEING,
STONE-WASHING, ACID-WASHING, OR PERMA-PRESSING AFTER ASSEMBLY ...

THE TERM "WHOLLY FORMED & CUT" MEANS THAT THE FABRIC ITSELF, BOLTS OF
CLOTH FROM WHICH THE INDIVIDUAL PIECES WILL BE CUT MUST BE WOVEN AND/OR
KNIT IN THE U.S. THE U.S. FORMED & CUT FABRIC REQUIREMENTS APPLIES TO
ALL TEXTILE COMPONENTS INCLUDING LININGS, POCKETS AND ANY ACCESSORIES.
FOREIGN GREIGE GOODS IMPORTED INTO THE U.S. WHERE THEY ARE FINISHED AND
CUT DO NOT QUALIFY UNDER THIS TARIFF NUMBER.

THE FOLLOWING DOCUMENTS SHOULD BE MAINTAINED BY ALL IMPORTERS
PARTICIPATING IN THE 9802.00.9000 PROGRAM AND AVAILABLE FOR REVIEW BY
THE APPROPRIATE CUSTOMS OFFICER CONDUCTING A COMPLIANCE REVIEW.
1. ENTRY DOCUMENTS INTO THE U.S. (I.E. 7501, COMMERCIAL INVOICE
PACKING LIST, IMPORTERS DECLARATION, ETC.)
2. EXPORT DOCUMENTS TO MEXICO (I.E. SHIPPERS EXPORT DECLARATION,
BILL OF LADING, PEDIMENTO {INVOICE GIVEN TO MEXICAN OFFICIALS
SHOWING TRANSPORT OF GOODS INTO MEXICO}
3. CUTTING TICKET INCLUDING NAME AND LOCATION OF FACILITY, STYLE
NUMBER, TOTAL NUMBER BEING CUT AND TYPE OF FABRIC.
4. MILL INVOICE (NAME OF MILL WHERE FABRIC WAS FORMED, IF THE FABRIC
WAS PURCHASED FROM A THIRD PARTY THE IMPORTER IS RESPONSIBLE FOR
OBTAINING THE MILL CERTIFICATE, CERTIFICATE SHOULD MAKE REFERENCE
TO THE INVOICE NUMBER OF THE FABRIC CLAIMED TO BE OF U.S. ORIGIN.
CERTIFICATES FROM CONVERTERS OR JOBBERS ARE NOT ACCEPTABLE.)
5. A SIGNED STATEMENT FROM THE MILL THAT THE FABRIC IS OF U.S. ORIGIN.
(CAN BE STATED ON THE INVOICE OR IN A SEPARATE DOCUMENT THAT
RELATES TO EACH SPECIFIC SHIPMENT OF FABRIC).
6. TRANSPORTATION DOCUMENTS (MILL TO CUTTING FACILITY TO BORDER TO
ASSEMBLER).

IMPORTERS ARE REMINDED THAT THE FAILURE TO MAINTAIN THE PREVIOUSLY
LISTED DOCUMENTS MAY RESULT IN UNSUBSTANTIATED 9802.00.9000 DUTY
FREE CLAIMS AND SUBJECT THE IMPORTER TO APPLICABLE DUTIES AND POSSIBLE
PENALTY ACTION.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE HESITATE TO
CONTACT HOWARD DUCHAN AT (202) 927-0639, TRADE COMPLIANCE DIVISION.

PHILIP METZGER
DIRECTOR, TRADE COMPLIANCE DIVISION