CSMS Message: 97-000765

TO : ALL ABI BROKERS.

FROM : CARLA ZZ-DONOFRIO

SUBJECT : MARKED/MUTILATED SAMPLES

DATE : 08/13/97

AUGUST 12, 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, BROKERS, IMPORTERS AND OTHER INTERESTED
PARTIES

SUBJECT: TBT-97-069 - MUTILATED OR MARKED SAMPLES MUST BE
MUTILATED OR MARKED PRIOR TO IMPORTATION

COUNTRY: ALL

REF: VBT-88-103
CUSTOMS DIRECTIVE 3500-07
CUSTOMS DIRECTIVE 3500-49

BACKGROUND:

DURING A RECENT COMPLIANCE ASSESSMENT, THE TEAM DETERMINED
THAT APPAREL SAMPLES WERE BEING IMPORTED IN SALABLE
CONDITION. THE IMPORTER WAS PERMITTED TO MUTILATE THE
APPAREL AFTER IMPORTATION AND ENTER THE SAMPLES UNDER THE
DUTY-FREE PROVISION HTS 9811.00.60.

ACCORDING TO THE STATUTE, TO QUALIFY FOR THE DUTY FREE
PROVISIONS OF HTS 9811.00.60, SALESMEN'S SAMPLES TO BE USED
IN THE UNITED STATES FOR SOLICITING ORDERS FOR PRODUCTS OF
FOREIGN COUNTRIES MUST HAVE BEEN PROPERLY MUTILATED OR
MARKED PRIOR TO IMPORTATION INTO THE UNITED STATES, OR
ALTERNATIVELY THE SAMPLES MUST BE VALUED UNDER $1. THE
SAMPLES CANNOT BE MUTILATED OR MARKED TO CONFORM WITH THE
REQUIREMENTS AFTER ARRIVAL IN THE UNITED STATES.

ACTION:

ANY SALESMEN'S SAMPLES IMPORTED TO BE USED IN THE UNITED
STATES FOR SOLICITING ORDERS FOR PRODUCTS OF FOREIGN
COUNTRIES SHOULD BE PROPERLY MUTILATED OR MARKED AS SAMPLES
PRIOR TO IMPORTATION OR MUST BE UNDER $1 IN ORDER TO QUALIFY
FOR DUTY-FREE TREATMENT UNDER 9811.00.60, HTSUS. IN
ACCORDANCE WITH VBT-88-103, ACCOMPANYING INVOICES SHOULD A
LSO BE PROPERLY ANNOTATED TO INDICATE THAT THE GOODS ARE
SAMPLES.

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