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Notice to Exporters

Ref. : EIC 111/10/1/31 III

Date : 15 June 1995

Dear Sirs,

Notice to Exporters : Series 1 (USA) No. 35/95

Export of Textiles to the USA

Multilateral Application of North American
Free Trade Agreement (NAFTA) Country of Origin Rules

Uruguay Round Agreements Act (URAA)
Country of Origin Rules for Textiles and Clothing

 

The US Customs Service has announced certain proposed amendments to the US Customs Regulations in relation to

  1. the multilateral application of NAFTA country of origin rules; and

  2. the implementation of the country of origin provisions embodied in the Uruguay Round Agreements Act.

Copies of the relevant Federal Register notices are available for public reference in the Americas Division, Commercial Relations Branch, 18/F., Trade Department Tower, 700 Nathan Road, Kowloon. (contact Mr. L.C.K. Chung, tel. no. 2398 5405.) Interested parties may submit written comments to the US Customs Service (Regulations Branch, Franklin Court, 1301 Constitution Avenue, N.W., Washington D.C. 20229) by 17 July 1995 in respect of (a) above and by 22 June 1995 in respect of (b) above.

Multilateral Application of NAFTA Origin Rules

  1. Exporters were first informed of a set of proposed amendments in relation to the multilateral application of NAFTA origin rules in Notice to Exporters Series 1 (USA) No. 8/94 dated 18 February 1994. The recently-announced proposed amendments aim to clarify and refine the previous proposed amendments. Of interest to Hong Kong are amendments relating to certain bed linen, furnishing articles, handkerchiefs, shawls and scarves.

  2. Instead of forming of fabric as the sole origin determining criterion as laid down in the previous proposed amendments, the latest proposed amendments allow 'cutting finished fabric on all sides and hemming all cut edges plus at least one other subsequent process' as origin conferring determination for non-quilted bed linen products and furnishing articles. For handkerchiefs, shawls and scarves, the latest proposed amendments allow a change from greige fabric by means of bleaching, dyeing, printing, plus cutting on all sides and stitching as origin conferring determination.

URAA Country of Origin Rules for Textiles & Clothing

  1. The US Uruguay Round Agreements Act (URAA) contains provisions for changing the US origin rules for imported textiles and clothing products, and requires the US Secretary of the Treasury to prescribe rules implementing the principles in the Act not later than 1 July 1995 for implementation on 1 July 1996.

  2. Salient features of the proposed implementing regulations recently announced by US Customs in this relation include :

  1. For apparel, other than apparel made of knit-to-shape components, the country of origin is the country where the apparel is wholly assembled.

  2. For apparel made of knit-to-shape components, the country of origin is the country in which the components are knitted.

  3. For fabric, the country origin is the country where the fabric is formed.

  4. For home furnishings and other made-up textiles articles of Chapter 63 of the Harmonized Tariff Schedule of the United States (HTSUS) the country of origin is the country in which the fabric is formed.

The term 'wholly assembled' is defined to mean combining all components in a single country, territory, or insular possession. Minor attachments and minor embellishments (e.g. appliques, beads, spangles, embroidery, buttons) and minor subassemblies (e.g. collars, cuffs, plackets, pockets) will not affect the status of a good as 'wholly assembled' in a single country, territory, or insular possession. Further, the regulations also provide for multi-country assembly and the determination of origin by the last country of important assembly.

  1. The application of NAFTA country of origin rules on textiles and clothing imports will lapse once the origin rules under the URAA take effect.

Enquiries

  1. Should you require further information on the subject, please contact the following officers :

Trade Controls Officer Tel. No.
Ms H.K. Ho 2398 5423 ) Group I Categories
Mr K.K. Cheung

Ms Y.K. Au

2398 5419 )

2398 5420 )

Group II Cotton Specific Limit Categories

Mr Y.S. Ip 2398 5421)

Group II MMF Specific Limit and Basket Categories

Mr K.C. Yu 2398 5422 )

Group II Wool and MMF Specific Limit Garment Categories and Wool Basket Categories

Mr Y.W. Lam 2398 5589 )

Group II Cotton and MMF Specific Limit Categories and Cotton Basket Categories

Mr H.L. Chan 2398 5426 )

Group III and Sweaters Categories of Silk Blend and/or Non-cotton Vegetable Fibre

 

Yours faithfully,

(Miss Grace Lai)

for Director-General of Trade

 

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Last revision date: 27 June 2002