TBT-07-019 and TBT-11-004, referenced above, provide guidance to U.S. Customs and Border Protection (CBP) personnel and the trade regarding examples of the documentation CBP considers in reviewing claims for the preferential tariff treatment of textiles and wearing apparel entered into the United States under various trade preference programs. Because CBP is aware of inconsistencies in the understanding of the application of these TBTs, which are not law, but guidance, the Textile/Apparel Policy and Programs Division (T/APP) is issuing an additional policy on the submission and review of documentation that attempts to substantiate claims that goods meet the requirements of the rules of origin for free trade agreements (FTA) and legislated trade preference programs.
In issuing additional policy guidelines, T/APP notes that these guidelines are not exhaustive nor are they to be interpreted so rigidly as to preclude a reasonable approach to providing and reviewing supporting documentation. The trade is to exercise reasonable care in the preparation of trade preference claims and subsequent responses to Requests for Information and should provide CBP personnel with documents that support claims for preferential treatment even if the CBP Form 28 does not specify the document type.
Based on inquiries into port practices, importer comments, and recent protest decisions, T/APP puts forth the following guidelines.
To view TBT-12-003 in its entirety click on PDF file.
For additional information, please contact the Textile Policy and Enforcement Branch.