| Title: | RELEASE OF INADMISSIBLE |
|---|---|
| Date: | 1998-12-31 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : ROBERT ZZ-DORSETT
SUBJECT : TEX-RELEASE OF INADMISSIBLE
DATE : 12/24/1998
RE-ISSUED FOR RE-ISSUED FOR RE-ISSUED FOR RE-ISSUED FOR
CLARIFICATION CLARIFICATION CLARIFICATION CLARIFICATION
DECEMBER 23, 1998
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, TCPO'S, INSPECTORS, INTERNATIONAL
TRADE SPECIALISTS, BROKERS AND INTERESTED PARTIES
SUBJECT: TBT-98-090 - RELEASE OF MERCHANDISE WHEN PART OF THE
GOODS ARE ADMISSIBLE AND PART OF THE GOODS ARE NOT
ADMISSIBLE (RE-ISSUED WITH CLARIFYING LANGUAGE)
BACKGROUND:
OCCASIONALLY, CUSTOMS DETERMINES THAT A PORTION OF A
SHIPMENT OF TEXTILE PRODUCTS IS INADMISSIBLE WHILE THE
REMAINDER OF THE SHIPMENT IS ADMISSIBLE. IN THESE
SITUATIONS NON-STANDARD PRACTICES HAVE OCCURRED IN RESOLVING
THE PROBLEM. IN SOME INSTANCES, VARIOUS PORTS ARE RELEASING
ALL OF THE SHIPMENT EXCEPT THE INADMISSIBLE PORTION WHILE
OTHER PORTS ARE NOT RELEASING ANY OF THE GOODS. THIS CAUSES
NON-UNIFORM TREATMENT BY CUSTOMS.
THE PURPOSE OF THIS MESSAGE IS TO REITERATE NATIONAL POLICY
AND TO CLARIFY STANDARD PROCEDURES PORTS ARE TO FOLLOW.
ACTION:
TEXTILE MERCHANDISE SUBJECT TO COUNTRY OF ORIGIN
VERIFICATION:
SHIPMENTS OR PARTIAL SHIPMENTS OF TEXTILE PRODUCTS DETAINED
FOR COUNTRY OF ORIGIN VERIFICATION PURSUANT TO CUSTOMS
REGULATION 12.130(G) CANNOT BE TRANSFERED INTO WAREHOUSE.
CUSTOMS WILL ONLY ALLOW THE IMPORTERS TO PRESENT, AND
CUSTOMS TO DETERMINE, COUNTRY OF ORIGIN DURING THE 30-DAY
DETENTION PROCESS. IF A DECISION IS NOT REACHED IN 30 DAYS
AFTER PRESENTATION FOR EXAMINATION, THE GOODS ARE DEEMED TO
BE EXCLUDED BY LAW.
DUE TO THE SENSITIVE NATURE OF COUNTRY OF ORIGIN ENFORCEMENT
FOR TEXTILES AND A NEED TO CLOSE OUT THE ENFORCEMENT ACTION,
THE 30-DAY LIMITATION IS BEING STRICTLY ADHERED TO.
HOWEVER, ANY PORTION OF A SHIPMENT THAT IS NOT BEING HELD
RELATIVE TO COUNTRY OF ORIGIN VERIFICATION MAY BE RELEASED
PROVIDING ALL OTHER ENTRY REQUIREMENTS ARE MET.
ADMISSIBILITY DETERMINATIONS OF OTHER THAN COUNTRY OF ORIGIN
ISSUES:
WHEN A SHIPMENT OF TEXTILE PRODUCTS IS RECEIVED WHERE PART
OF THE SHIPMENT IS DETERMINED TO BE INADMISSIBLE (FOR OTHER
THAN COUNTRY OF ORIGIN ISSUES), PORT DIRECTORS SHOULD
RELEASE THE ADMISSIBLE PORTION, PROVIDING ALL ENTRY
REQUIREMENTS ARE MET.
HOWEVER, IF A TEXTILE VISA COVERING AN ENTIRE SHIPMENT IS
USED TO RELEASE ONLY THE ADMISSIBLE PORTION, THE REMAINDER
OF THE MERCHANDISE CANNOT BE WAREHOUSED OR ENTERED FOR
CONSUMPTION BY OBTAINING A NEW VISA TO COVER ONLY THE
DIFFERENCE NOR BY USING THE UNUSED PORTION OF THE ORIGINAL
VISA TO COVER THE DIFFERENCE AFTER THE PROBLEM IS REMEDIED.
ONCE A VISA IS USED, IT IS CONSIDERED AS COMPLETELY USED
EVEN IF THERE IS AN OVERAGE ON THE VISA COVERING MORE THAN
THE QUANTITY ENTERED. (NO DECREMENTING OF THE VISA IS
ALLOWED.) THE INADMISSABLE PORTION OF THE MERCHANDISE IS
DENIED ENTRY AND MUST BE RE-EXPORTED, DESTROYED UNDER
CUSTOMS SUPERVISION OR ABANDONED. THIS IS IN ACCORDANCE
WITH THE "ONE SHIPMENT - ONE VISA" POLICY.
VISA CATEGORY CHANGES
WHEN A CUSTOMS VERIFICATION FINDING RESULTS IN A CHANGE OF
CATEGORY (E.G., RECLASSIFICATION OR INCORRECT CATEGORY),
THEN A NEW VISA IS ACCEPTABLE TO RELEASE THE REMAINING
PORTION OF THE SHIPMENT.
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE
CONTACT BOB DORSETT AT (202) 927-7002, TRADE COMPLIANCE.
PHILIP METZGER