Request for Definition Expansion of Tariff Items 9995.00.00 and 9996.00.00

(IE Canada)

The Department of Finance is seeking views on the expansion of the definitions of tariff items 9995.00.00 and 9996.00.00 to provide for duty-free treatment for imported synthetic shells and fibre-filled shells using synthetic materials, for use in the manufacture of duvets, featherbeds and pillows. We are proposing to amend these tariff items as follows (proposed amendments appear in bold):

9995.00.00 Woven fabrics, whether or not embroidered, solely of single cotton yarns, measuring 70 decitex or more but not exceeding 150 decitex, having a sum of yarns per 10 cm in the warp and the weft of 790 or more, with an air permeability not exceeding 5.0 cm³/cm²-s-1 as determined by CAN/CGSB-4.2 No. 36-M89, for use in the manufacture of shells for duvets, featherbeds and pillows filled solely with "commercial landfowl feather", "commercial waterfowl feather", or "commercial down" or any combination thereof, as defined in the Textile Labelling and Advertising Regulations, or synthetic staple fibres of Chapter 55.

Shells, made of fabrics of Chapter 52, 54, 55, 58 or 60, for use in the manufacture of duvets, featherbeds and pillows filled solely as described above.

9996.00.00 Woven fabrics, unbleached or bleached, solely of single cotton yarns, measuring 151 decitex or more but not exceeding 300 decitex, having a sum of yarns per 10 cm in the warp and the weft of 790 or more, with an air permeability not exceeding 5.0 cm³/cm²-s-1 as determined by CAN/CGSB-4.2 No. 36-M89, for use in the manufacture of shells for featherbeds and pillows filled solely with one of the following:
(a) "commercial landfowl feather" or "commercial waterfowl feather", or any combination of the two, as defined in the Textile Labelling and Advertising Regulations;
(b) 85% or more by weight of "commercial waterfowl feather" mixed solely with "commercial down", as defined in the Regulations;
(c) 85% or more by weight of "commercial landfowl feather" mixed solely with "commercial down", as defined in the Regulations;
(d) 85% of more by weight of a combination of "commercial waterfowl feather" and "commercial landfowl feather" mixed solely with "commercial down", as defined in the Regulations; or
(e) synthetic staple fibres of Chapter 55.

Shells, made of fabrics of Chapter 52, 54, 55, 58 or 60, for use in the manufacture of featherbeds and pillows filled solely as described above.

IE Canada is asking that you send any views that you or others may have on this matter to Amesika Baeta abaeta@iecanada.com by August 31, 2010.

DHS Issues Final Rule Covering Buy American Requirements for Textile & Apparel Products

(Textile World – James A. Morrissey)

The Department of Homeland Security (DHS) has issued its final rule covering Buy American requirements for its purchases of textile and apparel products under the American Recovery and Reinvestment Act of 2009. The agency adopted, without change, its interim rule issued last August 17, and in effect rejected a number of objections from textile manufacturers, organized labor and others.

DHS said it received comments from 26 organizations and individuals and members of Congress who suggested a number of changes, as they felt the interim rule did not carry out the full intent of the legislation. Commentators called for changes in the de minimis exceptions to the rule, the definition of national security interests and the listing of some of the trading partners with which the United States has preferential trade agreements; and they also called for the DHS to “mirror” the Berry Amendment, which covers textile and apparel purchases by the Department of Defense.

Read more here. The text of the final rule is available in the Federal Register for June 9, Vol.75, No.110/Rules and Regulations, here.

Global Sourcing Panel Spotlights Undervaluing of Textile Imports

(California Apparel News – Erin Barajas)

Miscalculating the value of textiles and other imports is a growing problem at the nation’s ports and one that U.S. Customs and Border Protection is increasingly addressing, said Janet Labuda, CBP’s director of textile enforcement and operations division.

Labuda – who oversees the textile and apparel industry, including the enforcement of quota, illegal textiles transshipments, trade agreements for textiles, and operational policy development and implementation – spoke to apparel-industry executives May 11 during a seminar hosted by the California Fashion Association at the law offices of Mitchell Silberberg & Knupp in Los Angeles. […]

Labuda said Customs and Border Protection is in the early stages of a “Special Enforcement Initiative” to investigate more than 180 textile importers involved with approximately 400 instances of possible gross undervaluation of apparel and textile goods being imported from China. The initiative, which began in February 2009 and is targeting 60 textile importers at a time, has turned up several instances of undervaluations and illegal activities, Labuda said. Read more here.

CN 10-010 – Elimination of the Maximum Rates of Customs Duty on Certain Woollen Fabrics

(CBSA)

1. This notice announces the elimination of the maximum rates of customs duty on certain woollen fabrics in the Customs Tariff as of March 5, 2010.

2. Article 769 of Bill C-9, amends the Customs Tariff and states:Section XI in the List of Tariff Provisions set out in the schedule to the Act is amended by deleting Supplementary Note 1 and renumbering Supplementary Note 2 as Supplementary Note 1.

3. Supplementary Note 1 dealt with the maximum rate of customs duty under the Most-Favoured Nation Tariff and eligible Commonwealth countries on woollen fabrics of tariff item Nos. 5111.11.90, 5111.20.91, 5111.30.18, 5111.30.91, 5111.90.91, 5112.11.90, 5112.19.94, 5112.20.91. 5112.30.91, 5112.90.91 and 5803.00.29.

4. Bill C-9 is an Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures.

5. Inquiries and comments about this notice should be directed to:

Primary Products Industries Sector Unit, Tariff Division
Post-Border Programs Directorate, Programs Branch
Canada Border Services Agency

Telephone: 613-948-1282 Fax: 613-952-3971

CBP Makes “Significant Change” in Textile Entry Requirements

(via World Trade Interactive)

U.S. Customs and Border Protection recently issued a memorandum to its field offices outlining “a significant change in textile entry requirements” in light of the elimination of quotas on merchandise from China entered after Dec. 31, 2008.

Formal Entry

On May 24, 1989, CBP provided a list of HTSUS numbers that required formal entry regardless of value because of quota/visa concerns as well as a separate list of HTSUS numbers for which formal entry was required because of regulatory requirements. With the elimination of the China quotas, however, there is no longer a requirement to file a formal entry as established by TBT-01-036, except (pursuant to 19 CFR 143.21(a)) with respect to shipments of articles valued in excess of $250 that are classified in HTSUS Sections VII, VIII, XI and XII; Chapter 94; and Chapter 99, subchapters III and IV. The following HTSUS numbers currently fall within these sections:

• 3901.10.1000 - 4304.00.0000
• 5001.00.0000 - 6704.90.0000
• 9401.10.4000 - 9406.00.8090
• 9903.02.21 - 9904.52.50

CBP states that it is in the process of reviewing the above regulations to raise the $250 limit but that before a change can be implemented it must be proposed through the formal regulatory process.

Commercial Samples

With the elimination of the visa arrangements, CBP states, no provisions remain that allow for properly marked commercial sample shipments. As a result, samples entering the U.S. must now meet the conditions in HTSUS chapter 98, under subheading 9811.00.60, providing for mutilated samples, or another chapter 98 provision, as appropriate. Read more here.