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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
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Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/20

19 June 2009

Dear Sirs,

Commercial Information Circular No. 311/2009

US : Amendments to Formal Entry Requirements for Textiles and Samples

The US Customs and Border Protection (CBP) has recently issued a memorandum entitled "Amendment to Formal Entry Requirements for Textiles" superseding a 2001 memorandum on the same issue. The two memoranda are appended at Annexes A and B (pdf format) respectively.

FORMAL ENTRY REQUIREMENT

  1.  
  2. The US CBP maintains two separate lists of tariff numbers for which formal entry is required due to either quota/visa concerns regardless of value or regulatory requirements - please refer to Annex B for the lists. With the elimination of the textiles quota under the US/Mainland Memorandum of Understanding concerning Trade in Textile and Apparel Products (MOU) on 1 January 2009, the rule on formal entry requirement for textiles and apparel products under quota regardless of value is no longer relevant. Formal entry requirement remains for certain shipments, including textiles and apparel products, in excess of US$250.

TEXTILE SAMPLES

  1. According to the newly issued memorandum, on entering the US, all samples (whether or not "properly marked commercial samples") must meet the conditions for mutilated samples set out in Harmonized Tariff Schedule (HTS) under subheading 9811.00.60 of Chapter 98 in order to be exempted from duty. Shipments of mutilated samples of values exceeding US$2,000 are also subject to formal entry requirement. 
     
  2. In view of para. 3 and for easy reference, traders are reminded that the US CBP requires all textiles and apparel samples classified under HTS subheading 9811.00.60 to satisfy the following conditions: 
  1. be used in the US only for soliciting orders1 for products from foreign countries; and 
     
  2. meet one of the following: 
  1. valued at not more than US$1 each2 ; or
     
  2. marked, torn, perforated or otherwise treated in a manner that renders the articles unsuitable for resale or for use other than as samples. For instance, garment samples shall satisfy the mutilation requirement by:
- marking : the word "SAMPLE" must be in a contrasting colour to the garment and must appear on a prominent area of the garment which will be visible when worn; at least one inch in height and two inches in length, must be written in indelible ink or paint; or 
- cutting or tearing : the cut or tear shall be at least two inches in length to the outside of the garment, visible and cannot be on a seam or border; or 
- punching or cutting a hole : the hole must be on the outside of the garment in a prominent area, at least one inch in diameter and cannot be covered by an emblem or a patch.

Traders are also reminded that mutilation of the samples must occur before importation into the US and the relevant invoice must bear the statement "MUTILATED SAMPLES - 9811.00.60" before importation into the US. 

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact Miss Y WONG at telephone number 2398 5403.

Yours faithfully,




(Miss WONG Ying)

for Director-General of Trade and Industry

1 Samples imported for such uses as quality control, testing or photography do not meet the order solicitation provision and are thus not eligible. 

2 The value claimed should be a realistic value that represents the actual cost of 
the article plus the cost of mutilation