| Title: | CBERA AND APTA SILK AND LINEN |
|---|---|
| Date: | 1997-06-30 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBERT ZZ-DORSETT
SUBJECT : CBERA AND APTA SILK AND LINEN
DATE : 06/30/97
JUNE 19, 1997
SPE-2 FO:TC:I:E JRD
CATEGORY: TEX
TO : ALL PORT DIRECTORS, CUSTOMS MANAGEMENT CENTER (CMC)
DIRECTORS AND STRATEGIC TRADE CENTER (STC) DIRECTORS
FROM : DIRECTOR, TRADE COMPLIANCE
PASS TO: ALL IMPORT SPECIALISTS, NATIONAL IMPORT SPECIALISTS,
ENTRY OFFICERS, INSPECTORS AND INTERNATIONAL TRADE
SPECIALISTS
SUBJECT: TBT-97-063 - DUTIABILITY OF SILK AND LINEN ARTICLES
UNDER CARIBBEAN BASIN ECONOMIC RECOVERY ACT (CBERA)
AND THE ANDEAN TRADE PREFERENCE ACT (APTA)
COUNTRY: ALL CBERA BENEFICIARY COUNTRIES
ALL APTA BENEFICIARY COUNTRIES
REF: 19 U.S.C. 2793(B)(1)
19 CFR 10.191(B)(2)(3)
ORR RULING 559608 CW
BACKGROUND:
WHEN THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT (CBERA) WAS
ENACTED, THE CBERA STATUTE PROVIDED THAT TEXTILE AND APPAREL
ARTICLES WHICH ARE SUBJECT TO TEXTILE AGREEMENTS ARE
INELIGIBLE FOR DUTY-FREE TREATMENT UNDER THE PROVISIONS OF
CBERA. AT THE TIME (1983), ONLY ARTICLES OF COTTON, WOOL OR
MAN-MADE FIBERS WERE SUBJECT TO TEXTILE AGREEMENTS.
THEREFORE, TEXTILE AND APPAREL ARTICLES OF LINEN AND SILK
DESIGNATED WITH AN E OR E* IN THE "SPECIAL" DUTY RATE COLUMN
WERE ELIGIBLE FOR CBERA TREATMENT. SUBSEQUENT TO THE
ENACTMENT OF THE LAW, ARTICLES OF LINEN AND SILK BECAME
SUBJECT TO TEXTILE AGREEMENTS. THE ACT DOES NOT EXCLUDE
FROM CBERA TREATMENT TEXTILE AND APPAREL ARTICLES SUBJECT TO
TEXTILE AGREEMENTS AS OF A SPECIFIC DATE.
NOTWITHSTANDING THE LANGUAGE IN GENERAL NOTE 7(D)(III),
HTSUS, THE CUSTOMS POSITION AS PRESENTED IN OFFICE OF
REGULATIONS AND RULINGS OPINION NUMBERED 559608 IS THAT SILK
AND LINEN TEXTILE AND APPAREL ARTICLES SHOULD BE ENTERED AS
DUTIABLE WITHOUT THE BENEFITS OF TREATMENT UNDER THE CBERA.
ACTION:
ALL SILK AND LINEN TEXTILE AND APPAREL ARTICLES FROM CBERA
BENEFICIARY COUNTRIES AND SUBJECT TO TEXTILE AGREEMENTS
(I.E., ANY ARTICLE WITH A 3-DIGIT TEXTILE CATEGORY
DESIGNATION) SHOULD BE ENTERED AS DUTIABLE AND ARE NOT
ELIGIBLE FOR THE DUTY-FREE BENEFITS OF CBERA.
INASMUCH AS THE ANDEAN TRADE PREFERENCE ACT ALSO HAS A
PROVISION THAT TEXTILE AND APPAREL ARTICLES WHICH ARE
SUBJECT TO TRADE AGREEMENTS ARE EXCEPTED FROM ELIGIBILITY
FOR DUTY-FREE TREATMENT, TEXTILE AND WEARING APPAREL
ARTICLES WITH A SPECIAL DUTY INDICATED BY A J OR J*,
INCLUDING LINEN AND SILK ARTICLES, FROM APTA BENEFICIARY
COUNTRIES AND SUBJECT TO TEXTILE AGREEMENTS SHOULD ALSO BE
ENTERED AS DUTIABLE AND ARE NOT ELIGIBLE FOR THE DUTY-FREE
BENEFITS OF APTA.
ANY ENTRIES OF SILK OR LINEN TEXTILES OR WEARING APPAREL
ENTERED FREE OF DUTY UNDER CBERA OR APTA BENEFITS NOT
LIQUIDATED SHOULD BE LIQUIDATED AS DUTIABLE. ANY LIQUIDATED
ENTRIES OF SILK OR LINEN TEXTILES OR WEARING APPAREL ENTERED
FREE OF DUTY UNDER CBERA OR APTA BENEFITS THAT ARE WITHIN
THE TIME LIMITS FOR RELIQUIDATION SHOULD BE RELIQUIDATED.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE DO
NOT HESITATE TO CONTACT JUNE PERGOLA AT TELEPHONE NUMBER
(202) 927-0705 OR BOB DORSETT AT (202) 927-7002, TRADE
COMPLIANCE.
PHILIP METZGER