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Premium member Presentation Transcript U.S. Customs and Border ProtectionTextiles: U.S. Customs and Border Protection Textiles Department of Homeland Security Customs and Border Protection July 2006The Textile Import Industry: The Textile Import Industry Department of Homeland Security Customs and Border Protection 2 Total Imports = $ 1.9 Trillion Textile Products = 43% of all Duties Collected Total Duties = $25 Billion Average Duty Rate 16% *K = Thousand M = Million B = BillionColumbus Trade: Columbus TradeColumbus Trade: Columbus TradeColumbus Trade: Columbus TradeTextile Supplier Countries: Textile Supplier Countries Value China Mexico India Hong Kong Indonesia Pakistan Canada Vietnam Honduras Bangladesh Volume China Mexico Pakistan Canada India Korea Indonesia Bangladesh Honduras TaiwanJanuary 1, 2005 and Beyond: January 1, 2005 and Beyond Quota Eliminated for all WTO Member Nations EXCEPT China Safeguard Mechanism Replaced by Comprehensive Quota Agreement Textile Bilaterals Expired Authority to Conduct TPVTs Expire MOUs (HK and Macao) Enforcement Focus UnchangingJanuary 1, 2005 and Beyond: January 1, 2005 and Beyond Changes to the Regulations Elimination of the Paper Textile Declaration Allows Electronic Filing of Entries; Changes to the Construction of the Manufacturer Identification Code The Entity that Performed the Origin Conferring Process Not the Trading House, the Shipper, etc. Remote Location Filing Working on the Informal Value Limits/Not Revenue NeutralTextile Enforcement Focus: Textile Enforcement Focus Textiles and Wearing Apparel Designated As a Priority Trade Issue for FY 06 Enforcement Focus Origin Fraud; Illegal Transshipment; Quota Circumvention; Inadmissibility of Merchandise Enforcement of Various Legislative Trade Initiatives and Free Trade Agreement Preference Claims Protection of the Revenue 5 Year Enforcement Strategy to Congress Textile Enforcement Focus: Textile Enforcement Focus Risks FTA and other Trade Legislation $22.4 Billion in Trade Preference Claims out of a Universe of $100.3 Billion in Imports China Quota Illegal Transshipment Misdescription of Merchandise Smuggling; Unmanifested Goods General Misdescription to Avoid Duties and Quota 43% of Duties Collected Involve Textile GoodsTextile Enforcement Focus: Textile Enforcement Focus FTA Activity Morocco Implemented on January 1, 2006 CAFTA El Salvador Implemented on February 1; Nicaragua and Honduras April 1, 2006; Guatemala, July 1, 2006 Thailand, ANDEAN Countries, Panama, UAE and SACU in Negotiation Bahrain and Oman Completed South Korea and Malaysia Negotiations Started Enforcement Issues: Enforcement Issues Free Trade Agreement Enforcement 2,164 Lines Valued at $66.4M Reviewed 563 or 28% Found to Be Non-Compliant $1.2 M in Additional Revenue Recovered NAFTA Accounted for 79% of Revenues Recovered; CBTPA Accounted for 13% Preference Claims Value $22.4 B in 2005Training: Training Free Trade Agreement Training Initiative New York, Miami, Los Angeles and Atlanta 90% of Import Specialists Processing Textile FTA Goods Have Been Trained this Calendar Year Extensive Training Materials Have Been Prepared Textile Enforcement Focus: Textile Enforcement Focus Chinese Quotas U.S. Government Has Negotiated a Comprehensive Agreement which Became Effective on January 1, 2006; Expires December 31, 2008 U.S. and China Resurrected ELVIS Links China Issues a Paper Visa and a Certificate of Origin Will Only Be Provided to CBP Upon Making the Request to the Importer Textile Production Verification Teams: Textile Production Verification Teams Since October 2005 TPVTS Were Conducted in: Hong Kong Macao Swaziland Vietnam Egypt Mauritius South Africa Thailand Kenya Textile Production Verification Teams: Textile Production Verification Teams November 2005 Visit to Hong Kong 167 Factories Targeted 65 Closed 24 Refused Admission 46 High-Risk Designation 3 Evidence of Transshipment December 2005 Visit to Macao 28 Factories Targeted 5 Closed 3 High-Risk Designation Textile Production Verification Teams: Textile Production Verification Teams Seizure of Goods from Closed Factories $2.6 Million to Date Production Records Being Requested on Previous Shipments Involving $38.3 Million in Value Penalties Being Pursued Since October 2005 More than $42 Million Seized Textile Enforcement: Textile Enforcement Audit of Textile Importers FY 2005 42 Audits Completed 34 Had Positive Enforcement Findings $4.97 Million in Additional Revenues Collected Classification Errors $928,831 Singapore FTA Findings $43,265 Caribbean Basin Trade Partnership Act $510,944Common Broker Errors: Common Broker Errors Incorrect ISO Codes Incorrect Construction of the Manufacturer Identification Code (MID) Incorrect Country of Origin Bras Incorrect Entry Types 01s Instead of 02s Common Broker Errors: Common Broker Errors Just Because a Product Was Exported from an FTA or Trade Preference Country Doesn’t Make It Eligible for Duty-Free Treatment Don’t Rely Solely on the Bill of Lading/Review All Documents Presented For Entry Learn to Read Enforcement Issues: Enforcement Issues A Search of Chapters 50-63, for Jan 2004 - July 2005 Revealed $84 Million in Imports. $18.5 Million, or 22% of that Value Reveals a Mismatch between Country of Origin and Country of Export or MID Origin. Over $1 Million Shows Obvious Admissibility Issues.Enforcement Issues: Enforcement Issues Filing of Incorrect Entries 02 Quota/Paper Entries Continue to Be Required for the Following: AGOA Preference Tariff Preference Level Claims in NAFTA, CAFTA, Chile, Singapore and Morocco FTAs China Comprehensive Quota Agreement CBTPA & ATPDEA Claims under the Cap Non-WTO Country Imports e.g. Vietnam Worsted Wool (Chapter 99) Textile Enforcement: Textile Enforcement Operation “X” 5 Days over a 5 Week Period (Nov-Dec. 2005) 2,121 Additional Examinations of Goods Claiming Country of Origin China; Focus on Misdescription 131 Violations Found 63 Incorrect Country of Origin Declared 23 Incorrect Information on Manifest 22 Incorrect Classification of Goods 4 Intellectual Property Rights Violations 4 Health and Safety Violations 3 Incorrect Quantities Declared 1 Smuggling, etc. Violations Totaled $2.5 Million in Value 5 Seizures Totaling $88,441 7 Penalties Being Pursued Enforcement Issues: Enforcement Issues Misdescription/Misclassification of Imported Products Ramie vs. Cotton and Manmade Fiber Products Circumvents Chinese Quota Restraints Ramie 0-2% Duty Rate Cotton 16% Duty Rate Manmade 32% Duty Rate Loss in Duties Exceeds $12 Million 68 Bogus Companies in the Mix to Defraud the Government and Evade Quotas Detentions: Detentions Policy Is Not Set In Stone Each Transaction Stands on Its Own Generally: 4 Compliant Reviews and the Manufacturer is Removed from Scrutiny Manufacturer May Have Problems with One Importer and Not Another; Compliant Importer May Be Removed From Further Scrutiny Information from other Sources e.g. Foreign Government May Cause Removal of Manufacturer Immediately from Further Scrutiny CAFTA Implementation Issues: CAFTA Implementation Issues USTR Announced El Salvador Receiving CAFTA Retroactive Benefits on March 6, 2006 Ref. 71 FR 11235; Honduras and Nicaragua Added in April CBP Publishes Interim Regulation on March 7, 2006 Ref 71 FR 11304 Required Documents Pursuant to the Legislation CBP Can Locate the Entry or the Entry Can Be Reconstructed; Satisfies the Conditions of Preferential Treatment Under CAFTACAFTA Implementation Issues: CAFTA Implementation Issues Time Limits By December 31, 2006 , or 90 Days after the Date of Entry into Force for that Country; Being Changed to “90 Days after Last Country Enters into Force”. 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