• Type : Entry • HTSUS :

ENT-4/ENT-1-01-R:I:EC 226254 CC

Jeff Newman
Retail Operations Manager
Leafsport
60 Carlton Street
Toronto, Ontario M5B 1L1
Canada

RE: Entry of noncommercial textile shipments valued less than $200; 19 U.S.C. 1321; 19 CFR 10.151

Dear Mr. Newman:

This is in response to your letter of June 23, 1995, requesting a ruling concerning the importation of shipments of textile articles valued at less than $200.

FACTS:

You state that Leafsport, located in Toronto, Canada, markets various merchandise by mail order. You have U.S. customers who order by mail, fax, and phone. You state that these orders are typically made by individuals for their own personal use. After these orders are placed, they are shipped by you to them by U.P.S.

You state that typically the orders placed are for merchandise valued at less than $200, and include textile articles such as hockey jerseys, baseball hats, and T-shirts. You have included samples of purchase orders for such orders.

You have requested a ruling concerning the treatment of shipments you make, via U.P.S., that are of textile articles valued at less than $200 and are noncommercial. Specifically, you request that such shipments be exempt from duty and allowed informal entry, pursuant to the administrative exemption of 19 U.S.C. 1321 and section 10.151 of the Customs Regulations (19 CFR 10.151).

ISSUE:

Is the subject merchandise permitted the administrative exemption from duty pursuant to 19 U.S.C. 1321 and 19 CFR 10.151?

Is formal entry required for the subject merchandise?

LAW AND ANALYSIS:

Section 651 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2209 (1993) amended 19 U.S.C. 1321. As amended, section 321 authorized the Secretary of the Treasury to promulgate regulations relating to administrative exemptions from duty for certain articles, including gifts, and personal and household goods. In all other cases, the Secretary was authorized to promulgate regulations providing for a duty exemption for a specific amount, not to be less than $200. The prior law provided for a duty exemption for those articles valued less than $5.

Interim regulations were published in the Federal Register on June 13, 1994, T.D. 94-51 (59 FR 30289), which included amending regulations concerning certain duty exemptions, e.g., Section 10.151 of the Customs Regulations (19 CFR 10.151). These regulations became effective on August 23, 1994. See, T.D. 94-71 (59 FR 43283); see, also, T.D. 95-31 (60 FR 18983).

19 CFR 10.151, as amended, provides that, subject to section 10.153, any shipment of merchandise imported by one person on one day and having a fair retail value not exceeding $200 will be exempt from duty, provided all other conditions of the regulation are met. 19 CFR 10.151 also provides that the fair retail value must be evidenced by the bill of lading (or other document filed as the entry) or manifest listing each bill of lading. 19 CFR 10.153(g) provides that the exemption referred to in section 10.151 is not to be allowed in the case of any merchandise of a class or kind provided for in any absolute or tariff-rate quota, whether the quota is open or closed. Generally, textile articles are subject to quota and visa restraints. Although quota/visa requirements may apply to commercial shipments of textiles of any value, textile and textile products imported for the noncommercial, personal use of the individual importing the merchandise are not subject to quota/visa restraints. See, e.g., T.D. 80-38. Consequently, the exception of 19 CFR 10.153(g) does not apply if the textile merchandise is for the noncommercial, personal use of the individual importing it, and, in such a case, the administrative exemption of section 10.151 may apply.

You state that your typical U.S. customer is an individual who orders less than $200 worth of merchandise. In addition, these orders are typically for personal use of the purchaser, and are not for resale. You have submitted sample purchase orders from U.S. customers to support your claims. Assuming that an order is under $200, noncommercial, and for the personal use of the individual making the purchase, the administrative exemption of 19 U.S.C. 1321 and 19 CFR 10.151 would apply, and no duty would be applicable. For any shipments you make that do not meet these requirements, the above-cited administrative exemption would not apply.

We note concerning the amendments of the regulations relating to administrative exemptions, as authorized by section 1498, that they provide the person who may make entry of shipments covered by section 321(a)(2) is the owner, purchaser, or consignee of the merchandise or, when appropriately designated by one of these persons, a Customs broker licensed under 19 U.S.C. 1641. See T.D. 94-51.

In this case, orders are placed by individual U.S. customers by phone, fax, or mail. Orders are paid at the time they are placed by credit card or certified check. Included with the payment are shipping charges, which are agreed to at the time the order is placed.

In J.L. Wood v. U.S., 62 CCPA 25, 33, C.A.D. 1139 (1974), the court defined the term sale as the "transfer of property from one party to another for consideration." Section 2-106(1) of the Uniform Commercial Code (U.C.C.) similarly defines sale as "the passing of title from the seller to the buyer for a price." In this case, it is clear that the above definitions of sale are met. In addition, since consideration is the sales price of the goods which is paid at time the order is placed and includes shipping costs, the sale takes place at the time the order is placed. The individual U.S. customer, therefore, is the purchaser and the shipper, U.P.S., has been designated as the consignee. Consequently, the administrative exemption of section 321 and 19 CFR 10.151 is permitted. 19 CFR 10.151 also provides that merchandise subject to this exemption shall be entered under the informal entry procedures (see subpart C, part 143, and sections 128.24, 145.31, 148.12, and 148.62, of this chapter).

You state the shipments you make will be made via U.P.S. 19 CFR 128.24, which concerns informal entry procedures for imported merchandise carried by express consignment, states that informal entry procedures may be used generally when the shipment does not exceed $1250 in value. Informal entry procedures may not be used, however, for prohibited or restricted merchandise, merchandise which is subject to quota or quantitative restraints, or any articles precluded from informal entry procedures by virtue of section 498, Tariff Act of 1930, as amended (19 U.S.C. 1498).

As stated above, in the factual situation you pose, quota and visa restraints do not apply. In addition, the subject merchandise is not prohibited or restricted, nor is it precluded from informal entry procedures under 19 U.S.C. 1498. Consequently, for the factual situation you pose, informal entry is permitted.

HOLDING:

For the factual situation you pose, assuming that a shipment is under $200, noncommercial, and for the personal use of the individual making the purchase, the administrative exemption of 19 U.S.C. 1321 and 19 CFR 10.151 would apply, and no duty would be applicable. In addition, for this factual situation, informal entry is permitted.

Sincerely,

William G. Rosoff
Chief
Entry and Carrier Rulings Branch