Commercial Information Circulars

24-hour hotline : 23 922 922

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

Ref : EIC 111/3

4 January 2011

Dear Sirs,

Commercial Information Circular No. 3/2011

US : Removal of First Sale Declaration Requirement

The US Customs and Border Protection (CBP) issued in the Federal Register (FR) of 30 December 2010 a notice to remove section 141.61(g), regarding the first sale declaration requirement, under part 141 of title 19 of the CBP Regulations (19 CFR part 141). The FR notice is available at: http://edocket.access.gpo.gov/2010/pdf/2010-32912.pdf. 

DETAILS

2.The trade was informed via Commercial Information Circular No. 434/2008 that the CBP and the US Department of Treasury issued on 25 August 2008 an interim rule to establish a first sale declaration requirement contained in the Food, Conservation, and Energy Act of 2008 to gather information for all goods entered for consumption or withdrawn from warehouse for consumption on the transaction valuation of goods imported into the US. Section 141.61(g) under 19 CFR part 141 requires an importer to indicate on the CBP Form 7501 the manner by which the declared transaction value on imported merchandise was determined. As the statutory authority for this importer declaration requirement expired on 19 August 2009, the CBP makes a technical correction to 19 CFR part 141 to remove section 141.61(g). The measure is also in line with the FR notice issued by the CBP on 29 September 2010 to withdraw the 2008 proposal to eliminate the first sale rule which was reported in Commercial Information Circular No. 447/2010.

ENQUIRIES

3.For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5682.

Yours faithfully,

(Miss Carmen CHAN)

for Director-General of Trade and Industry