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CBP Modifies Rulings on Eligibility for Duty-Free Treatment under CAFTA-DR

Tuesday, March 24, 2015
Sandler, Travis & Rosenberg Trade Report

In the March 18, 2015, Customs Bulletin and Decisions, U.S. Customs and Border Protection modified the following rulings, effective for merchandise entered or withdrawn from warehouse for consumption on or after May 15.

Product: Women’s and girls’ garments.
Action: Modification of NY N242661, NY N018963 and NY N249027.
New rulings: HQ H252907, HQ H259698 and HQ H259699.
Previous determination: Garments may be eligible for duty-free treatment under HTSUS 9822.05.10 because they are cut, assembled and sewn in an FTA partner country using fabric and thread wholly formed in the U.S. and the finished products are classified in HTSUS Chapter 61.
New determination: Garments are not eligible for such treatment because they include fabrics that are formed outside the U.S. and there is no allowance (or de minimis) for such fabrics to be used in garments qualifying for classification under HTSUS 9822.05.10, even if they are used as a finding or trimming.

Product: Women’s garments.
Action: Modification of NY N251778, NY N242940 and NY N248184.
New rulings: HQ H256780, HQ H255492 and HQ H259359.
Previous determination: Garments are not eligible for duty-free treatment under free trade agreements with Peru, Central America and the Dominican Republic, and Colombia.
New determination: Garments do qualify for such treatment because they meet the applicable tariff shift rules.

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