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ATPDEA Textile Provisions

ATPDEA Textile Provisions. U.S. Customs & Border Protection 2003. Andean Trade Promotion and Drug Eradication Act. H.R. 3009 Public law 107-210 Signed into law on August 6, 2002 Effective on October 1, 2002 Will expire on December 31, 2006

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ATPDEA Textile Provisions

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  1. ATPDEATextile Provisions U.S. Customs & Border Protection 2003

  2. Andean Trade Promotion and Drug Eradication Act • H.R. 3009 • Public law 107-210 • Signed into law on August 6, 2002 • Effective on October 1, 2002 • Will expire on December 31, 2006 • AndeanTrade Promotionand DrugEradication Act (ATPDEA)

  3. Colombia Ecuador Peru Bolivia ATPDEA Eligible Countries

  4. Andean Trade Promotion and Drug Eradication Act (ATPDEA) • Preferential treatment for certain textiles and apparel and luggage • Protections against transshipment Benefits Obligations

  5. Trade Benefits for Andean Apparel Manufacturers • Quota free • Duty free Access to the U.S. Market

  6. U.S. Apparel Imports • Total apparel imports into the U.S. Amounted to $60 billion • Mexico exported $7.4 billion • Andean countries exported $847 million, slightly over 1% of all apparel imports Category 1 of the Major Shipper’s Report for Year Ended April 2003

  7. Applicability Apparel articles that are imported directly into the customs territory of the United States from an ATPDEA beneficiary country shall enter the United States free of duty and free of any quantitative restrictions, limitations, or consultation levels, but only if such articles are described in subparagraph (B).

  8. “Apparel Articles” • Goods classifiable in chapters 61 and 62 and headings 6501, 6502, 6503, 6504, and subheadings 6406.99.15 and 6505.90, HTSUS. 19 CFR 10.242

  9. “Imported Directly” 19 CFR 10.243(d)

  10. “Imported Directly” • The article must be imported directly from an ATPDEA country to the US • Three definitions of “imported directly”

  11. “Imported Directly” 1.Direct shipment from an ATPDEA to US without passing through the territory of any non-beneficiary country 2.Shipment from an ATPDEA to US through a non-beneficiary country only if: • The merchandise does not enter into the commerce of any non-beneficiary country, and • Invoice, bills of lading, and other shipping documents show US as the final destination

  12. “Imported Directly” 3.Shipment from an ATPDEA to US through a non-beneficiary country and the invoices and other documents do not show US as the final destination only if: • Goods remained under the control of the customs authority of the intermediate country • Goods did not enter the commerce of that intermediate country • The transaction that causes the goods to be imported into the US must be between the US importer and the producer or the producer’s agent • Goods were not subjected to operations other than loading and unloading or preservation

  13. General Rule of Origin for Apparel • “Yarn forward” rule • US/ATPDEA yarn and fabric Made in Ecuador

  14. “Wholly Formed” Yarns All of the production processes took place in the US or in 1 or more ATPDEA country. This means, starting with the extrusion of filament, strip, film or sheet and including drawing to fully orient a filament or slitting a film or sheet into strip, or the spinning of all fibers into yarn, or both, and ending with a yarn or plied yarn. 19 CFR 10.242

  15. “Wholly Formed” Fabric All of the production processes took place in a single country. This means starting with polymers, fibers, filaments, textile strips, yarns, twine, cordage, rope or strips of fabric and ending with a fabric by a weaving, knitting, needling, tufting, felting, entangling or other process. 19 CFR 10.242

  16. “Wholly Formed” Fabric Components All of the production processes starting with the production of wholly formed fabric and ending with a component that is ready for incorporation into an apparel article, took place in a single country. 19 CFR 10.242

  17. “Knit-to-shape Components” • Means components that are knitted or crocheted from a yarn directly to a specific shape containing a self-start edge. Minor cutting or trimming will not affect the determination of whether a component is “knit-to-shape.” • 19 CFR 10.242

  18. “Assembled or Sewn or Otherwise Assembled in One or More Beneficiary Countries” A joining together of two or more components that occurred in one or more beneficiary countries, whether or not a prior joining operation was performed on the article or any of its components in the US 19 CFR 10.242

  19. Printing, Dyeing and Finishing • Fabric or fabric components for apparel articles made from US knit or woven fabric must be printed, dyed and finished in the US. This requirement does not apply to non-woven fabric or fabric components. • 19 CFR 10.243(b)

  20. Preference Group A-Summary • Apparel assembled from US fabric/components • 9821.11.01, HTSUS • 19 CFR 10.243(a)(1)(i)

  21. Example 1 • Cotton grown in US • Cotton fibers spun into yarn in US • Cotton yarn woven into cotton twill fabric in US • Cotton twill fabric dyed and finished in US • Finished fabric shipped to Ecuador • Cotton twill fabric cut into components for a pair of jeans in Ecuador • All components assembled in Ecuador

  22. Example 2 • Cotton grown in US • Cotton fibers spun into yarn in US • Cotton yarn woven into cotton twill fabric in US • Cotton twill fabric dyed and finished in US • Cotton twill fabric cut into components for a pair of jeans in US • Belt loops and waistband assembled in US • Components shipped to Ecuador • All components assembled in Ecuador

  23. Preference Group B • Apparel article • Chief value llama, alpaca or vicuña fabric or components • Yarns wholly formed in one or more ATPDEA beneficiary countries • Fabrics or components wholly formed in 1 or more ATPDEA beneficiary countries • Assembled in 1 or more beneficiary ATPDEA countries or US, or both • Entered under 9821.11.04, HTSUS

  24. “Chief Value” • Means that the value of those materials exceeds the value of any other single textile material in the fabric or component under consideration • 19 CFR 10.242

  25. Assembled from Chief Value Llama, Alpaca or Vicuña Apparel articles sewn or otherwise assembled from fabric, fabric components or components knit to shape, in chief value of llama, alpaca or vicuña, in an ATPDEA country from yarns wholly formed in one or more ATPDEA country (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the HTSUS and are formed in one or more ATPDEA countries). 19 CFR 10.243(a)(1)(ii)

  26. Preference Group B-Summary • Assembled from fabric, fabric components, or components knit-to-shape, in chief value of llama, alpaca or vicuña • 9821.11.04, HTSUS • 19 CFR 10.243(a)(1)(ii)

  27. Example 3 • Alpaca spun into yarn in Peru • Nylon spun into yarn in Colombia • Nylon yarn shipped to Peru • Alpaca and nylon yarn woven into 55% nylon/45% alpaca fabric in Peru • Alpaca fibers 70% of value of fabric • Fabric cut into components for a coat in Peru • All components assembled in Peru

  28. Preference Group C • NAFTA short supply • Entered under 9821.11.07, HTSUS

  29. “NAFTA Short Supply” • Apparel articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary countries, or in the US, or in both, from fabrics or yarns, provided that apparel articles (except articles of subheading 6212.10, HTSUS) of those fabrics or yarns would be considered originating goods under General Note 12(t), HTSUS, if the apparel articles were imported directly from Canada or Mexico 19 CFR 10.243(a)(1)(iii)

  30. NAFTA Short Supply • Silk • Linen • Cotton velveteen • Fine wale corduroy • Harris tweed • Certain woven fabrics made with fine animal hair • Certain lightweight, high thread count polyester/cotton woven fabrics • Certain lightweight, high thread count broadwoven fabrics used in the production of men’s or boys’ shirts (not a definitive list)

  31. Preference Group C-Summary • NAFTA short supply • 9821.11.07, HTSUS • 19 CFR 10.243(a)(1)(iii)

  32. Example 4 • 100% linen fabric imported from Ireland • Fabric cut into components for women’s blouse in Bolivia • Components sewn to form a blouse in Bolivia

  33. Example 5 • 60% linen/40% cotton fabric imported from Egypt • Polyester pocketing material imported from China • Components cut in Colombia • Components sewn into men’s trousers in Bolivia

  34. Preference Group D • Designated short supply • Entered under 9821.11.10, HTSUS

  35. “Designated Short Supply” • US president, or his designee, is authorized to add additional yarns or fabrics, that can be used without regard to their origin, if such yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner • 19 CFR 10.243(a)(1)(iv)

  36. “Designated Short Supply” • CITA -- committee for the implementation of textile agreements has been delegated authority • Http:\\www.otexa.ita.doc.gov

  37. Preference Group D-Summary • Designated short supply • 9821.11.10, HTSUS • 19 CFR 10.243(a)(1)(iv)

  38. Preference Group E • Combination of groupings A - D • Entered under 9821.11.13, HTSUS

  39. Apparel Assembled From Any Combination of Groupings A-D Apparel articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary countries, or in the US, or in both, exclusively from a combination of fabrics, fabric components, knit-to-shape components or yarns described in two or more of groupings A-D 19 CFR 10.243(a)(2)

  40. Preference Group E-Summary • Combination of groupings A-D • 9821.11.13, HTSUS • 19 CFR 10.243(a)(2)

  41. Example 6 • 100% acrylic knit to shape components knit in US from US yarn • 100% alpaca knit to shape components from Peru • Assembled in Colombia into sweater with acrylic and alpaca patchwork panels • Combination of groupings A and B

  42. Preference Group F • Handloomed articles • Handmade articles • Folklore apparel or textile articles • Entered under 9821.11.16, HTSUS

  43. Handloomed, Handmade, or Folklore Textile or Apparel Articles • Competent authority in beneficiary country must certify articles considered handloomed, handmade, or folklore • U.S. will consult with beneficiary country authorities to determine which articles, if any, will be treated as handloomed, handmade, or folklore • CITA has been delegated authority to designate eligible articles 19 CFR 10.243(a)(3)

  44. Handloomed, Handmade, or Folklore Textile or Apparel Articles • Must be handloomed fabric, handmade goods of handloomed fabric or traditional folklore articles. • Generally apparel, apparel accessories or decorative furnishings • May not include “modern” features, patterns or styles such as zippers, velcro®, etc. • Please provide samples and descriptions when submitting articles to CITA for designation

  45. Preference Group F -Summary • Handloomed, handmade or folklore articles • 9821.11.16 • 19 CFR 10.243(a)(3)

  46. Preference Group G • Brassieres • Cut and sewn in the US, or one or more ATPDEA beneficiary countries or both • Subject to value requirement • Entered under 9821.11.19, HTSUS

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