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CBP to Pursue Penalties Against Importers and Brokers for Misdeclaring Origin of Chinese Textiles Subject to Safeguard Quotas (if Origin "Clearly Identified" as China)

U.S. Customs and Border Protection (CBP) has issued a memorandum to its Field Operations Directors stating that CBP import specialists have been directed to review entries of textile articles that may be subject to China safeguard quotas (currently categories 222, 349/649, and 350/650).

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According to CBP, it has reviewed numerous entries not claiming country of origin China for the above categories and determined based on entry documentation that the country of origin was actually China.

CBP to Pursue Gross Negligence Penalties if China Clearly Identified as Origin

As a result, CBP states that the ports will pursue gross negligence penalties against importers and brokers if the entry documentation has clearly identified these textile articles as country of origin China.

CBP states that it is strongly suggested that importers and brokers review their entries of the subject categories to ensure that the proper country of origin has been declared.

(Currently safeguard quotas are imposed on China origin: knit fabric (category 222), brassieres and other body supporting garments (category 349/649), and dressing gowns and robes (category 350/650) that are exported during the period of December 24, 2003 through December 23, 2004.(See ITT's Online Archives or 12/29/03 news, 03122920 for BP summary on the implementation of quota/visa requirements for these categories. See ITT's Online Archives or 01/22/04 news, 04012210 for BP summary on the removal of the visa requirements for these categories.)

CBP contacts: Susan Thomas (202) 344-3719 or Robert Abels (202) 344-1959

CBP Memo (TBT-04-030, dated 10/15/04) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/tbts/TBT2004/tbt_04_030.ctt/tbt_04_030.doc