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Textile and Apparel Preference Rules

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Title: Textile and Apparel Preference Rules


1
Textile and Apparel Preference Rules
  • U.S. Customs Border Protection

2
U.S.-Morocco FTA Technical Seminar Textile
Apparel Rules
14-18 March 2005 Casablanca, Morocco
3
Overview
  • U.S. Customs Border Protection
  • U.S. Duty Rates the FTA
  • Brief Textile Lesson
  • Fiber, Yarn Fabric
  • Concepts Defined
  • FTA Preference Rules
  • Tariff Shift Rule
  • Compliance Enforcement
  • Resources

4
U.S. Customs Border Protection (CBP)
  • On March 1, 2003, the U.S. Customs Service became
    part of the Bureau of Customs and Border
    Protection (CBP) within the Department of
    Homeland Security.
  • CBP has many roles, the priority mission is to
    protect our borders.
  • Regulating Facilitating International Trade
  • Collecting Import Duties
  • Enforcing U.S. Trade Laws
  • The U.S. has over 300 Ports of Entry

5
Imports After Quota Expire
  • Effective for exports on/after 1 January 2005,
    all textiles and wearing apparel from World Trade
    Organization (WTO) members are no longer subject
    to quota.
  • Possible Chinese Safeguards

6
Imports WITHOUT Quotas
  • Without quotas, competition will be fierce and
    the social/political aspect is something to
    watch!
  • More than 80 of our export earnings are coming
    from this apparel and textile sector. - Farkul
    Ahsan, Bangladesh Embassy official.
  • Where Free Trade Hurts The end of textile quotas
    makes economic sense, but the social disruption
    will be huge. (Business Week, Dec. 15, 2003)
  • Countdown to 2005 Developing Nations Fear
    Millions of Job Losses (WWD, Feb. 3, 2004)

7
Competition
  • Without quotas, textile and apparel manufacturers
    will be searching for a Competitive Advantage.
  • Without quotas, price will play a major factor in
    determining who has a Competitive Advantage.

8
Purpose of an FTA?
  • What is the Purpose of an FTA? Remember this is
    a Free Trade AGREEMENT.
  • In all agreements there are negotiations - and
    all parties make concessions.
  • The intent of an FTA is that both parties benefit
    from that agreement.

9
Three Possible Duty Rates
  • Products of Morocco can be eligible for three
    different duty rates depending on the inputs (raw
    materials) and production.
  • (1) Non-FTA products are subject to Regular
    Duties
  • FTA products are (2) Duty Free or (3) Reduced
    Duties

www.ustr.gov
10
FTA Duty Reductions
  • For the majority of qualifying textile products,
    tariffs will be eliminated over six (6) years.
    (see Annex IV Tariff Elimination)
  • However, immediate, duty-free treatment will be
    provided to selected items up to designated
    quantities.
  • Annex 4-B Tariff Rate Quotas for originating
    goods. Quantities above the levels in Annex 4-B
    will immediately be eligible for the reduced
    rates listed in Annex IV Tariff Elimination.

11
FTA Duty Reductions
  • Upon full implementation of the U.S.-Morocco Free
    Trade Agreement, ALL originating textiles and
    wearing apparel will be duty free.

12
(No Transcript)
13
Average U.S. Duty Rates
  • Although the average trade-weighted duty rate for
    all U.S. imports is less than 2, U.S. duty rates
    on textiles and apparel remain high.
  • Product Average Duty FTA Rate
  • Yarn 8 0
  • Fabric 10 0
  • Made-Up Articles 10 0
  • Apparel 16 0
  • When fully implemented

14
Originating Goods
  • An Originating good meets the applicable FTA
    preference rule of origin.
  • A Non-Originating good does NOT meet the
    applicable preference rule of origin.

15
Example of High U.S. Duty
Non-FTA vs. FTA
16
Example of High U.S. Duty
  • Nylon/Spandex Knit Top HTS 6109.90.10
  • Non-FTA Rate 32
  • FTA Duty Rate 0 (free)

17
Example of High U.S. Duty
  • Cotton Knit Shirt HTS 6105.10.00
  • Non-FTA Rate 19.7
  • FTA Duty Rate 0 (free)

18
Example of High U.S. Duty
  • Cotton Trousers 16.6
  • Mens 6203.42.4015
  • Women's 6204.62.4020
  • MMF Trousers 27.9
  • Mens 6203.43.4010
  • Womens 6204.63.3510
  • FTA Duty Rate 0 (free)

19
U.S.- Morocco FTA
  • Chapter 4 - Textiles and Apparel
  • Articles
  • 4.1 - Tariff Elimination
  • 4.3 - Rules of Origin and Related Matters
  • 4.4 - Customs and Administrative Cooperation
  • Annex 4-A - Preferential Rules of Origin (a.k.a.
    Tariff Shift Rules)
  • Annex 4-B - Tariff Rate Quotas on Apparel Goods

20
FTA Preference Rules
  • In most cases, a good must be more than a
    product of Morocco, it must also meet the FTA
    preference rule of origin.

21
Preferential Rule of Origin
  • Is this Originating fabric?

22
FTA Originating Product
  • Annex 4-A(1)(i)
  • each of the non-originating materials used in
    the production of the good undergoes an
    applicable change in tariff classification
    specified in this Annex as a result of production
    occurring entirely in the territory of one or
    both of the Parties

23
Harmonized Tariff Schedule
Know the HTS Number!
U.S. Harmonized Tariff Schedule www.usitc.gov
24
Harmonized Tariff Schedule
  • The Harmonized Tariff Schedule (HTS) shows the
    applicable duty rate.
  • It also shows if the item qualifies for various
    trade preference programs
  • Just like classification, always look at the rule
    for the finished product.

www.usitc.gov
25
Market Analysis
  • Harmonized Tariff Schedule
  • U.S. Duty Rates
  • Other Preference Programs
  • Quotas
  • Non-WTO Members
  • Chinese Safeguards
  • U.S. Import Data
  • U.S. Demand for Imported Products

26
Brief Textile Lesson
  • What is a textile product?

27
Textile Manufacturing
  • Fiber..Yarn..Fabric..

28
Fiber
  • Fiber
  • staple fibers
  • filament fibers

29
Yarn
  • Yarn
  • single
  • plied

30
Fabric
  • Fabric
  • woven
  • knit
  • non-woven

31
Concepts Defined
  • Fiber Forward
  • Yarn Forward
  • Fabric Forward

The textile and apparel preference rules are very
similar for U.S. Free Trade Agreements with
Morocco, Bahrain, the NAFTA, Singapore, Chile,
and Australia.
32
Fiber Forward
  • Fiber Forward requires U.S. and/or Morocco origin
    fiber, and all operations forward.

Forward
Fiber
33
Yarn Forward
  • Yarn Forward requires U.S. and/or Morocco origin
    yarn, and all operations forward, but the fiber
    may originate outside the U.S. and Morocco.

Forward
Yarn
34
Fabric Forward
  • Fabric Forward requires U.S. and/or Morocco
    origin fabric, and all operations forward, but
    the fibers and yarns may originate outside the
    U.S. and Morocco.

Forward
Fabric
35
FTA Preference Rules
  • U.S.-Morocco FTA Preference Rules
  • Yarn
  • Fabric
  • Made-up Articles
  • Apparel

The General Rule
36
FTA Rules
  • Reminder Always look up the Harmonized Tariff
    Schedule (HTS) number for the finished product
    that will be exported to the United States.
  • It is important to know the HTS number for the
    products you produce!

37
FTA Rule for Yarn
  • The preference rule for yarn is fiber forward,
    except
  • spun yarns of silk, wool, and vegetable fibers
    (other than cotton) may be spun with fibers
    originating outside US/Morocco.
  • filament yarns must be formed (extruded) in
    Morocco or the United States.

38
FTA Rule for Fabric
  • The preference rule for fabric is yarn forward,
    except
  • fiber forward
  • cotton man-made fiber knit fabric
  • man-made fiber non-woven fabric
  • certain specialty fabrics
  • fabric forward
  • silk linen fabrics
  • coated fabrics, but with exceptions

39
Rule for Made-Up Articles
  • The preference rule for made-up articles is yarn
    forward, except
  • fabric forward
  • silk linen articles
  • man-made fiber luggage
  • certain other products

Examples of Made-Up Articles Towels, Bedding,
Carpets, Luggage, etc.
40
FTA Rule for Apparel
  • The preference rule for apparel is yarn forward,
    exceptions include
  • cut sew rule for
  • Certain apparel made from specific fabrics
  • Apparel made of silk fabric
  • Apparel made of linen fabric
  • Apparel made of fabrics in short supply

41
Tariff Shift Rule
  • Tariff Shift Rule
  • International Nomenclature (HTS)
  • WTO Consistent
  • Transparent
  • Not Subjective (Substantial Transformation)
  • Unlike Value Added Rules

42
Harmonized Tariff Schedule
Section XI - Textile and Textile Articles
  • 50 - Silk
  • 51 - Wool
  • 52 - Cotton
  • 53 - Other Vegetable
  • 54 - Man-Made Filaments
  • 55 - Man-Made Staple
  • 56 - Wadding, etc
  • 57 - Carpets, etc
  • 58 - Special Fabrics
  • 59 - Coated Fabrics
  • 60 - Knit Fabrics
  • 61 - Knit Apparel
  • 62 - Woven Apparel
  • 63 - Made-Up Articles

U.S. Harmonized Tariff Schedule www.usitc.gov
43
Tariff Shift Rule
  • A change to heading , from any other heading,
    except , through , and .
  • Example for Cotton Yarn (Heading 5205) A
    change to headings 5201 through 5207 from any
    other chapter, except from headings 5401 through
    5405, or 5501 through 5507.

44
Preference Rule for Yarn
  • Remember that the preference rule for yarn is
    Fiber Forward
  • Therefore the fibers must originate in a
    preference country.

45
Example Cotton Yarn (5205)
  • A change to headings 5201 through 5207 cotton
    yarn from any other chapter, except from
    headings 5401 through 5405 man-made filament
    fibers, or 5501 through 5507 man-made staple
    fibers.
  • since cotton fibers are classified in chapter
    52, foreign fibers may not be used.

46
Example Cotton Yarn (5205)
  • Rule as written...
  • A change to headings 5201 through 5207 from any
    other chapter, except from headings 5401 through
    5405, or 5501 through 5507.
  • Or, you can say...
  • A change to cotton yarn from any other chapter,
    except from man-made fibers.

47
Example Cotton Yarn (5205)
  • You must use Morocco and/or U.S. Cotton and
    Man-Made Fibers.
  • However, all other fibers may be foreign

48
Blended Fibers
  • There are always exceptions.
  • For example, if you have a blended fiber yarn,
    65 Cotton and 35 Wool, the wool fibers do NOT
    have to be a product of Morocco or the United
    States.

49
Preference Rule Summary
  • Textile Product General Rule
  • Yarn Fiber Forward
  • Fabric Yarn Forward
  • Made-up Articles Yarn Forward
  • Apparel Yarn Forward

There are exceptions to every rule!
50
U.S. - Morocco FTA
  • Preferential treatment for certain textiles and
    apparel

Advanced Lesson
51
U.S. - Morocco FTA
  • Preferential Rules of Origin
  • Annex 4-A of the FTA (Textiles Apparel)
  • Annex 4-B Tariff Rate Quotas
  • Keep in mind that most textile and apparel
    products must be more than a product of Morocco
    to qualify for the FTA preferential treatment.


52
General Rule for Yarn
  • Fiber Forward
  • Fibers must originate in one or both of the
    Parties
  • Yarn must be formed in a Party

53
Example 1 - Cotton Yarn
  • Raw Cotton (5201) is grown in Egypt and exported
    to Morocco
  • Formed into Cotton Yarn (5205) in Morocco
  • Cotton Yarn (5205) exported to U.S.
  • Origin? Eligible for FTA Preference?

54
Example 1 - Cotton Yarn
  • Fiber Yarn Fabric Cut Sew
  • Egypt Morocco

Fiber Forward Rule
55
Example 1 - Cotton Yarn
  • A change to headings 5201 through 5207 cotton
    yarn from any other chapter, except from
    headings 5401 through 5405 man-made filament
    fibers, or 5501 through 5507 man-made staple
    fibers.
  • Since cotton fibers are classified in chapter
    52, foreign fibers may not be used.

56
General Rule for Woven Fabric
  • Yarn Forward
  • Yarn and Fabric formation must occur in one or
    both of the Parties

57
Example 2 - Woven MMF Fabric
  • Raw Cotton (5201) produced in China and exported
    to Morocco
  • Polyester Staple Fiber (5503) produced in Japan
    and exported to Morocco
  • Cotton and Polyester further processed, then
    blended and spun into a 70 Polyester/30 Cotton
    Yarn (5509) in Morocco.
  • Polyester/Cotton Yarn woven into Oxford Cloth
    fabric (5512) in Morocco
  • The Oxford Cloth (5512) is exported to the U.S.
  • Origin? Eligible for FTA Preference?

58
Example 2 -Woven MMF Fabric
  • Fiber Yarn Fabric Cut Sew
  • China Morocco Morocco
  • Japan

Yarn Forward Rule
59
Example 2 -Woven MMF Fabric
  • A change to heading 5512 through 5516 from any
    heading outside that group, except from heading
    5106 through 5110, 5205 through 5206, 5401
    through 5404 or 5505 through 5510.
  • (remember, the general preference rule for fabric
    is Yarn Forward)

60
Example 2 -Woven MMF Fabric
  • A change to heading 5512 through 5516 from any
    heading outside that group, except from heading
    5106 through 5110 wool yarn, 5205 through 5206
    cotton yarn, 5401 through 5404 man-made
    filament yarn or 5505 through 5510 man-made
    staple yarn.
  • Therefore all wool, cotton and man-made fiber
    yarns must be formed in Morocco and/or the U.S.,
    but fibers may come from anyplace.

61
General Rule for Knit Fabric
  • Fiber Forward
  • Fiber, Yarn and Fabric formation must occur in
    one or both of the Parties

62
General Rule for Apparel
Made in Morocco
  • Yarn Forward
  • Yarn, Fabric, and Apparel formation must occur in
    one or both of the Parties

63
Exceptions to the Rule...
  • Not all items follow the yarn-forward rule.
  • Some apparel rules have an easier cut-and-sew
    rule, including
  • 6108.21 Certain Cotton Underwear
  • 6108.31 Certain Cotton Pajamas
  • Woven apparel made of short supply yarns and/or
    fabrics (Chapter 62 Rule 2)
  • Built into the Tariff Shift Rules (Annex 4-A)

64
Tariff Rate Quotas
  • Annex 4-B Tariff Rate Quotas
  • Although duty rates will be eliminated within 5
    years of the implementation, for certain
    originating goods listed in Annex 4-B, the duty
    rate will be zero (0) for a specified quantity
    of goods.
  • Excess quantities are eligible for reduced duties
    (Article 4.1.7)
  • Beginning in year six (6), all goods described in
    Annex 4-B will be duty-free.

65
Component that Determines the Tariff
Classification
  • For purposes of determining the origin of a good
    of Chapters 61 - 63, the rule applicable to that
    good shall only apply to the component that
    determines the tariff classification of the good
    and such component must satisfy the tariff change
    requirements.
  • Chapter 61, Chapter Rule 2
  • Chapter 62, Chapter Rule 3
  • Chapter 63, Chapter Rule 1

66
General Rule for Apparel
  • The tariff shift rule only applies to the
    component that determines the tariff
    classification
  • There are a few exceptions, but in most cases,
    you are not concerned about the origin of all
    other fabrics.

67
General Rule for Apparel
  • What is the component that determines the tariff
    classification?

68
General Rule for Apparel
  • What is the component that determines the tariff
    classification?

69
General Rule for Apparel
  • What is the component that determines the tariff
    classification?

70
Example 3 - Pants (Trousers)
  • Raw Cotton (5201) and Polyester filament fibers
    (5503) are produced in the U.S.
  • Cotton and Polyester fibers are combined and spun
    into a 80 Cotton/20 Polyester yarn (5206) in
    the U.S.
  • Cotton/Polyester Yarn is woven into Twill Fabric
    (5210) in the U.S. and exported to Morocco
  • Twill Fabric cut and sewn into womens cotton
    pants (6204.62) in Morocco and exported to the
    U.S.
  • Origin? Eligible for FTA Preference?

71
Example 3 - Pants(Trousers)
  • Fiber Yarn Fabric Cut Sew
  • U.S. U.S. U.S. Morocco

Yarn Forward Rule
72
Example 3 - Pants(Trousers)
  • A change to subheadings 6204.61 through 6204.69
    from any other chapter, except from headings 5106
    through 5113, 5204 through 5212, 5307 through
    5308 or 5310 through 5311, Chapter 54, or
    headings 5508 through 5516, 5801 through 5802 or
    6001 through 6006, provided that the good is both
    cut and sewn or otherwise assembled in the
    territory of on or both of the Parties.

73
Example 3 - Pants(Trousers)
  • A change to subheadings 6204.61 through 6204.69
    from any other chapter, except from headings 5106
    through 5113wool yarn/fabric, 5204 through 5212
    cotton yarn/fabric, 5307 through 5308 or 5310
    through 5311 certain yarns/fabrics (jute),
    Chapter 54 man-made fiber filament yarn/fabric,
    or headings 5508 through 5516 man-made fiber
    staple yarn/fabric, 5801 through 5802 certain
    specialty fabrics or 6001 through 6006 knit
    fabric, provided ....

74
Example 3 - Pants(Trousers)
  • Therefore, all wool, cotton and man-made fiber
    yarns and fabric must be produced in the U.S.
    and/or Morocco.
  • However, this means the trousers could be
    produced with foreign Silk fabric (5007), or from
    Linen (5309), and the garment will still receive
    FTA treatment.

75
Special Rules Visible Lining
  • Exception to the Rule For certain apparel,
    certain visible lining fabrics must be formed
    from yarn and finished in the territory of a
    Party.
  • Mens and womens suits suit-type jackets,
    skirts, overcoats, anoraks, windbreakers,
    similar articles

76
Example 4 - Visible Lining
  • 100 Cashmere Yarn (5109) formed in the U.S. and
    exported to Morocco
  • Cashmere Yarn woven into fabric (5112) in Morocco
  • 100 Rayon Fabric (5408.22.90) woven in Morocco
    of filament yarn produced in Taiwan
  • All fabric cut and sewn in Morocco, made into a
    Mens Cashmere Overcoat with Rayon Lining
    (6201.11) and exported to the U.S.
  • Origin? Eligible for FTA Preference?

77
Example 4 - Visible Lining
  • Fiber Yarn Fabric Cut Sew
  • ? U.S. Morocco Morocco
  • Taiwan Morocco Morocco

Yarn Forward Rule
Fabric Forward Rule
Visible Lining Fabric
78
Example 4 - Visible Lining
  • 6201.11 This is the same yarn forward rule
    as used in example 3, but it also states.
  • . Provided that any visible lining material
    contained in the apparel article satisfies the
    requirements of Chapter Rule 1 for Chapter 62.
  • visible lining material in certain mens and
    womens garments must be formed from yarn and
    finished in the territory of a Party.

79
Special Rules De Minimis
  • Article 4.3.7 of the Agreement
  • Rule allows for the use of non-originating Fibers
    and Yarns in the component that determines the
    tariff classification, up to 7 by weight of the
    total weight of the component.
  • Exception for Elastomeric Yarns

Fiber
Yarn
80
De Minimis
  • If the stripes on this shirt are composed of
    foreign yarns, the shirt would still qualify as
    an originating good, as long as the yarns weigh
    not more than 7.

81
Example 5 - De Minimis
  • Raw Canadian Wool (5101) formed into Wool Yarn
    (5107) in the U.S. and exported to Morocco
  • U.S. Wool Yarn woven into Fabric (5112) in
    Morocco
  • Fabric incorporates as a Pin-Stripe a Rayon
    Filament Yarn formed in Malaysia (Comprises 5 of
    the fabric by weight)
  • Fabric cut and sewn in Morocco into Mens Suit
    Coats (6203.31)
  • Suit Coats exported to the U.S.
  • Origin? Eligible for FTA Preference?
  • What if Jacket had a Visible Lining?

82
Example 5 - De Minimis
  • Fiber Yarn Fabric Cut Sew
  • Canada U.S. Morocco Morocco
  • Malaysia Morocco Morocco

Yarn Forward Rule
Yarn Not More than 7
83
Treatment of Sets
  • Article 4.3.8 Textile or Apparel goods cannot be
    an originating set unless
  • each good in the set is originating, or
  • the non-originating goods in the set do not
    exceed 10 of the value of the set.
  • There are not many textile or apparel sets.
  • Setis defined in General Rule of
    Interpretation (GRI) 3 of the Harmonized System

84
Tariff Preference Levels
  • Tariff Preference Levels (TPL) are a major
    exception to the Tariff Shift Rules.
  • TPLs allow for the use of non-originating
    materials, and although the finished product is
    not an originating product under the FTA, it is
    eligible for preferential treatment as if it were
    an originating product!
  • This provision is limited.

85
Tariff Preference Levels (TPL)
  • Article 4.3.9-14 TPLs for Non-Originating
  • Fabric of Chapters 51, 52, 54, 55, 58 and 60.
  • Apparel of Chapters 61 and 62.

86
Tariff Preference Levels
  • Non-originating Fabric and Apparel goods entered
    under the TPL are eligible for duty-free access
    up to a limited amount.
  • The TPL is only applicable for the first 10 years
    of the free trade agreement.
  • In year 11 of the agreement, the TPL is
    eliminated, and non-originating goods are subject
    to duty. (Exception is eliminated.)

87
Tariff Preference Levels
  • Quantity in Square Meter Equivalents
  • Years 1-4 30,000,000
  • Year 5 25,714,000
  • Year 6 21,428,000
  • Year 7 17,142,000
  • Year 8 12,856,000
  • Year 9 8,571,000
  • Year 10 4,285,000
  • Year 11 -0-

88
Tariff Preference Levels
  • The fabric and apparel goods shall receive
    preferential tariff treatment, regardless of the
    origin of the fiber, yarn or fabric used to
    produce the goods.
  • Must meet other FTA rules such as, for garments,
    the fabric must be cut and sewn in an FTA party.

89
Example 6 - Tariff Preference Levels
  • Knit Cotton Fabric (6005) is produced in Sri
    Lanka and exported to Morocco
  • Fabric cut and sewn into Womens knit tops
    (6110.20) in Morocco
  • Exported to the U.S.
  • Origin? Eligible for FTA Preference?

90
Example 6 - TPL for Apparel
  • Fiber Yarn Fabric Cut Sew
  • ? ? Sri Lanka Morocco

Yarn Forward Rule
TPL Rule
But...
91
TPL - WARNING!
  • from fabric or yarn produced or obtained from
    outside the territory of a Party, regardless of
    the origin
  • Knit-to-Shape components are not considered
    fabric and therefore garments containing them
    do NOT qualify for the TPL!

92
Sub-Saharan African Cotton
  • Article 4.3.15
  • TPL for Yarn and Knit Fabric containing Cotton
    Fibers from designated least-developed
    sub-Saharan African countries.
  • Only Yarn and Knit Fabric have a fiber forward
    preference rule of origin.
  • Non-Originating Yarn and Knit Fabric containing
    Cotton Fibers from certain sub-Saharan African
    countries, are eligible for duty free treatment.

93
Sub-Saharan African Cotton
  • Bulletin Officiel, No. 4861 6 chaoual 1421
    (1.1.2001), Exoneration du droit dimportation en
    faveur des produits originaires et en provenance
    de certains pays dAfrique.
  • Limited to 1,067,257 kilograms annually.
  • This provision does not expire.

94
Keys to Exercises
  • Example 1 Origin is Morocco Not eligible for
    preference because the Egyptian cotton does not
    satisfy tariff shift rule for 5205.
  • Example 2 Origin is Morocco Eligible for
    preference. It meets the tariff shift rule for
    5512.
  • Example 3 Origin is Morocco Eligible for
    preference. Only has to meet the yarn forward
    rule to satisfy tariff shift rule for 6204.62.
    (fibers could be foreign)
  • Example 4 Origin is Morocco Eligible for
    preference. Both the tariff shift rule and the
    visible lining rule for 6201.11 is satisfied.

95
Keys to Exercises
  • Example 5 Origin is Morocco Eligible for
    preference as the tariff shift rule for 6203.31
    is satisfied. Rayon yarn meets de minimis
    levels. If it had a lining, it would have to
    meet the visible lining rule.
  • Example 6 Origin is Morocco Eligible for
    preference under TPL.

A
96
A Future Customs Official?
97
Compliance and Enforcement
  • Under the U.S.-Morocco FTA, certain textiles and
    apparel qualify for duty-free entry.
  • Both Governments want this agreement to benefit
    those that comply with terms of the agreement.

98
Customs Cooperation
  • Article 4.4 of the U.S.-Morocco FTA has strong
    Customs Cooperation provisions.
  • Allows for the joint (Morocco/U.S.) verification
    of FTA preference claims.

99
Customs Cooperation
  • Article 4.4.2 If requested by the United
    States, Morocco shall verify a claim of origin.
    If requested by Morocco, the United States shall
    verify a claim of origin.

100
Customs Cooperation
  • Article 4.4.4 Each party shall permit the other
    to assist in a verification, after notifying the
    other party.
  • Article 4.4.5 Each party shall provide the other
    information or documents.

101
Customs Cooperation
  • Article 4.4.6 Each party may take appropriate
    action, including suspending preferential tariff
    treatment to ANY textile or apparel good exported
    or produced by a company if there is reasonable
    suspicion.

102
Customs Cooperation
  • Article 4.4.7 The party conducting the
    verification shall provide a written report.
  • Article 4.4.10 The parties shall consult to
    resolve any technical or interpretive
    difficulties or to discuss ways to improve
    cooperation.

103
Compliance
  • In order for the U.S. importer to receive
    preferential duty, they must make a declaration
    to U.S. Customs and Border Protection (CBP).
  • CBP uses the principles of Informed Compliance.

104
Notices to the Public www.cbp.gov
  • CBP publishes on the Internet, guidance to the
    importing community, including implementation
    information on Free Trade Agreements.

105
Binding Rulings from CBP
  • Interested Parties may request a (FREE) Binding
    Ruling from CBP!
  • Classification under the HTS
  • FTA Eligibility

106
Binding Rulings from CBP
  • Please send letter, sample and/or detailed
    description to
  • Office of International Trade
  • Regulations and Rulings
  • U.S. Customs and Border Protection
  • 1300 Pennsylvania Ave, NW
  • Washington, DC 20229 USA

107
Introducing eRulings
  • Ruling requests may now be submitted over the
    Internet via eRuling.
  • Details on www.cbp.gov
  • Then link to
  • import
  • rulings

108
Binding Rulings - CROSS
  • Rulings issued to all parties are located on the
    Customs Ruling Online Search System, or CROSS.
  • www.cbp.gov
  • Then link to
  • import
  • rulings
  • CROSS

109
CBP Publication
  • Customs Border Protection publication
  • Importing into the United States
  • Designed for the Novice Importer
  • Classification and Valuation
  • Invoice Requirements
  • Marking Requirements
  • Customs Brokers

www.cbp.gov/xp/cgov/toolbox/publications
110
CBP Publications
  • What Every Member of the Trade Community Should
    Know About
  • Apparel Terminology
  • Fiber Trade Names Generic Terms
  • Fibers Yarns Construction Class.
  • NAFTA for Textile Articles
  • Ribbons Trimmings
  • Textile Apparel Rules of Origin

www.cbp.gov/xp/cgov/toolbox/publications
111
Internet Resources
  • U.S. Government Internet Resources
  • Rules of Origin Rulings www.cbp.gov
  • Textile Trade Data otexa.ita.doc.gov
  • Trade Agreements www.ustr.gov
  • Duty Rates www.usitc.gov
  • Labeling www.ftc.gov

112
Disclaimer
  • This presentation is simply a brief overview of
    the preference rules for textiles and apparel.
    The presentation attempts to show the general
    rule for major products, but it does not include
    most exceptions to the rule. Interested parties
    may consider requesting a binding ruling from
    U.S. Customs Border Protection prior to
    exporting to the United States.

113
Conclusion
  • It may sound difficult at first, but once you
    understand the concepts, the rules for most
    products are easy to understand.
  • The benefits are worth the trouble of compliance.
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