United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 HQ Rulings > HQ 116093 - HQ 116308 > HQ 116093

Previous Ruling Next Ruling
HQ 116093




January 14, 2004

ENT-1-RR:IT:EC 116093 GG

CATEGORY: ENTRY

Ronald W. Gerdes, Esq.
Sandler, Travis & Rosenberg, P.A.
1300 Pennsylvania Avenue, N.W.
Washington, D.C. 20003-3002

RE: Textile shipments from China; personal shipments; exemption from quota restraints and visa requirements

Dear Mr. Gerdes:

This is in response to your ruling request, dated December 1, 2003, made on behalf of your client, The Lifelike Company d/b/a My Twinn (My Twinn).

FACTS:

My Twinn is a direct retail company, which sells made-to-order customized dolls and related doll garments and accessories directly to the ultimate United States (U.S.) consumer via the Internet and printed catalogues. The company also offers matching clothing for children and adults. My Twinn recently located its manufacturing and fulfillment operations in the People’s Republic of China. My Twinn sends orders via its internal IT system to the fulfillment center, which then packs the individual orders and prepares them for shipment by China Post.

Each day My Twinn provides its import/export agent, Hangzhou Chaishi, with a list of each of the individual orders that are to be shipped. Hangzhou Chaishi uses the information to prepare a formal export declaration, which is then submitted to Chinese Customs officials along with commercial invoices and packing lists. After conducting any necessary examinations, China Customs prints a computer-generated form and authorizes the packages to be delivered by China Post. Upon arrival in the United States, the packages are entered in accordance with the regulations governing mail importations, and are delivered to the ultimate customers in the United States. Most of the individual shipments in question are valued under $200, although some are over $200 but under $2000. My Twinn has not had, and does not expect to have, any shipments valued at or above $2000.

ISSUE:

Whether the textile items that are included in these shipments are subject to quota restraints and visa requirements?

LAW AND ANALYSIS:

Pursuant to section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); pursuant to a Memorandum of Understanding dated February 1, 1997, between the governments of the United States and the People’s Republic of China; and in accordance with the provisions of Executive Order 11651 of March 3, 1972, as amended, certain restraints exist on the importation of textiles and textile products from China. These restraints are lifted for shipments of textile products intended for the personal use of the recipient and not for resale, except in the case of men’s suits from Hong Kong. The Committee for the Implementation of Textile Agreements (CITA) sets forth this policy in a memorandum dated March 27, 1997, by providing that:

Merchandise imported for the personal use of the importer and not for resale, regardless of value; properly marked commercial sample shipments valued at U.S. $250 or less; and mutually agreed exempt items certified as exempt by the Government of the People’s Republic of China do not require a visa or an ELVIS transmission for entry.

My Twinn’s shipments are ordered by, and shipped directly to, individuals in the United States, for their own or their children’s personal use. They do not include men’s suits from Hong Kong. Accordingly, any textile items that are included in the shipments would be exempt from quota restraints and visa requirements.

HOLDING:

The textile articles in the shipments in question are exempt from quota restraints and visa requirements.

Sincerely,

Glen E. Vereb
Chief

Previous Ruling Next Ruling