Customs Management (Export of Textile and Apparel Articles to the United States) Regulations

1 I. Production and export records.

First Schedule Second Schedule Third Schedule Fourth Schedule

STATUTORY INSTRUMENTS

2001 No. 58.

The Customs Management (Export of Textile and Apparel Articles to the United States) Regulations. 2001.

(Made under section 191 of the Customs Management Act. Cap 27E.A,

In exercise of the powers conferred upon the Minister by section 19 1 of the Customs Management Act, these Regulations are made this 17th day of October, 2001.

Regulations may be cited as the Customs Citation Management (Export of Textile and Apparel Articles to the United States) Regulations, 2001 and shall be deemed to have come into force on the 1st day of January, 2001.

(arion. requires-

"Act" means the Customs Management Act; ^ap. 2.

"authorised officer" means an officer authorised by the Minister responsible for trade to perform functions under these Regulations:

"country of origin" means a country in which apparel or textile articles have been produced or manufactured, according to the criteria laid down for the purposes of application of customs tariff or quantitative restrictions or of any other measures related to trade;

"Government" means the Government of the Republic of Uganda;

"Minister" means the Minister responsible tor finance;

"NAFTA" means the North American Free Trade Agreement entered into between the United States. Mexico and Canada on December, I7th 1992;

"textiles" means textiles and apparel products of cotton. wool, silk, man-made fibre and vegetable fibre other than cotton;

"Trade and Development Act of 2000" means the Trade and Development Act enacted by the Congress of the United States of America and duly signed into law on the 18th May, 2000;

"transshipment" has occurred when preferential treatment for a textile has been claimed under the Trade and Development Act of 2000 on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components; and false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential treatment under the Trade and Develop!nent Act of 2000;

"visa" means a stamp or certification on the commercial invoice.

Application 3. (1) A person intending to export textile or apparel articles to the United States shall make an application for a visa to the Ministry responsible for trade.

if the goods involved Eligibility fall in any of the following categories and al! of the assembly of such articles occurs in Uganda or, if assembly occurs in more than one beneficiary sub-Saharan African Country, where sufficient assembly occurs in Uganda to establish Uganda as the country of origin under United States law-

(.1) apparel articles assembled in one or more beneficiary sub Saharan African countries from fabrics wholly formed and cut in the United States from yarns wholly formed in the United States;

Issuing 5. The issuance of the visa shall be the responsibility of an officer. officer designated by the Minister responsible for trade by statutory instrument.

Validity or 6. The visa issued under these Regulations shall be valid rhe \isa. until the textile or apparel articles have been cleared by the United States Customs Service or until such a visa is revoked.

or apparel articles to the Certificate of Ongm United States without first obtaining a Certificate of Origin.

A person wishing to export textile or apparel articles Application for shall, on application, obtain a Certificate of Oriein from the Certificate Ministry responsible for trade, and complete the certificate of of origin.

origin following instructions provided in Part II of the Fourth Schedule to these Regulations.

Registration.

these Regulations shall register with the Ministry responsible for trade before commencing production of those products and shall notify the Ministry when production of products ceases Verification

An authorised officer may enter the premises of any enterprise involved in the production or exportation of goods covered by these Regulations (a) to investigate allegations of transshipment: or

A person engaged in the manufacture or export of Produc: n and ex;-*.* textile and apparei articles to the United States shall keep records production or export records or documents for a period of at least five years.

Offences 13. (1) A person whoand penalties (a) fails to furnish information when required to do so;

Apparel Articles to the United States) Regulations. 2001 are °f27 "'7 revoked.

SCHEDULES

FIRST SCHEDULE

Regulation 3(2) Register No

THE REPUBLIC OF UGANDA

MINISTRY OF TOURISM. TRADE AND INDUSTRY 6/S Parliament Avenue, P.O. BOX 7103, Kampala. Uganda. Tel. 256395/344947, Fax 341247

APPLICATION FOR A VISA TO EXPORT TO THE USA

I. Business Name of Exporter/Manufacturer

Tel No Location address of business E-mail

Postal address of business

Tel No /E-mail

Location address of business

Postal address of business

Certificate of business registration or incorporation is attached (Delete as applicable). Insert (where applicable) certificate number

I/We hereby apply for a visa to expert to the USA. I/we declare that the above information is true, and

y.c a ?,"y under's,and ,hal H is a offence not to complv with the USA Visa System Requirement, laws and re2u|at,ons of,|K Republic ot Uganda.

Signed Designation Date (Before signing read overleaf)

Name (In block capitals)

The persons who may sign this application are-

GENERAL

When the application is made to the Ministry of Tourism. Trade and Industry the original of the following must be made available for inspection.

Space for Official use Date

Checked by

Business certificate of registration or Certificate of incorporation.

The inspected document will be handed back to the applicant when the visa is issued. Any export certificate issued is NOT TRANSFERABLE.

The Ministry of Tourism, Trade and Industry is available to give advice and guidance to exporters for the furtherance of international trade.

For Official Use.

Issue of the visa Approved/Rejected*

Signed Date

Name (In block capitals)

Title

SECOND SCHEDULE

FORMAT OF THE VISA

Regulation 3(3)

THIRD SCHEDULE

Regulation 8(2) Register No

THE REPUBLIC OF UGANDA

MINISTRY OF TOURISM, TRADE AND INDUSTRY 6/8 Parliament Avenue, P.O. BOX 7103. Kampala, Uganda Tel. 256395/344947, Fax 341247

APPLICATION FOR A CERTIFICATE OF ORIGIN

I. Particulars of exporter

I declare that the information given abo\e is tree to the best of my knowledge and belief.

Name

Title Company Signature Seal

Grouping 2-Apoarel articles assembled in one or more beneficiary sub-Saharan African countries from fabrics wholly formed and cut in the U.S., from yarns wholly formed in the U.S. if. after such assembly. the articles would have qualified for entry under subheading 9802.00.80 of the HTSUS but for the fact that the articles were embroidered or subject to stone-washing. enzyme-washing, acid washing, perma-pressing, oven baking. bleaching, garment-dyeing, screen printing, or other similar processes.

Grouping 3-Apoarel articles cut in one or more beneficiary sub- Saharan African countries from fabric wholly formed in the U.S. from yarns wholly formed in the U.S. if such articles are assembled in one

or more beneficiary sub-Saharan African countries with thread formed in the U.S.

Grouping 4-Apparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or more beneficiary sub-Saharan African countries from yarn originating either in the U.S. or one or more beneficiary sub-Saharan African countries.

Grouping 5-Apparel articles wholly assembled in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric used to make such articles.

Grouping 6-Sweaters in chief weight of cashmere, knit-to-shape in one or more beneficiary sub-Saharan African countries and classifiable under subheadins 61 10.10 of the HTSUS.

Grouping 7-Sweaters. 50 percent or more by weight of wool measuring 18.5 microns in diameter or finer, knit-to-shape in one or more beneficiary sub-Saharan African countries.

Grouping 8-Apparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric or yam that is not formed in the United States or a beneficiary sub-Saharan African country, to the extent that apparel articles of such fabrics or yams would be eligible for preferential treatment, without regard to the source of the fabric or yam, under Annex 401 to the NAFTA.

Grouping 9-Handmade, handloomed. or folklore articles to be defined in bilateral consultations.

FOURTH SCHEDULE

Regulation 8 (3) w

PARTI

FORMAT OF A CERTIFICATE OF ORIGIN

Coal of Arms of (he Certificate of Origin Ref. No. Republic of Uganda

Name and Address

Name and address

Name and Address

8. US Thread Producer Name and Address

handmade or folklore Article 10 Name of Preference Group Fabric or Yarn

Preference Groups:

A. Apparel assembled from US formed and cut fabric from US yam 19 CFR 10.213 (a) (1)

B. Apparel assembled and further processed from US formed and cut fabric from US yam [19 CFR 10213 (a) (2)].

C. Apparel cut and assembled from US fabric from US yarn and thread [19 CFR 10213 (a) (3)].

D. Apparel assembled from regional fabric from yarn originating in the US or one or more beneficiary countries [19 CFR 10.213) (a) (4)].

E. Apparel assembled in one or more lesser developed beneficiary countries. (19 CFR 10213) (a) (5)].

F. Sweaters knit to shape in chief weight of cashmere [19 CFR 10.213(a)(6)]

G. Apparel cut and assembled in one or more beneficiary countries from fabric or yam that is not formed in the United States or a beneficiary sub-Saharan African country, to the extent that apparel articles of such fabrics or yarns would be eligible for preferential treatment, without regard to the source of the fabric or yarn, under annex 401 to the NAFTA or as designated as not available in commercial quantities in the United States.(19 CFR 10. 213 (A) (8) or (A) (9).

H. Handloomed, handmade or folklore articles, a (19 CFR 10.213 (a) (10)]

I certify that the information on this document is complete and accurate and I assume the responsibility for providing such representations.

1 understand that I am liable for any false statements or material omission made on or in connection with this document.

1 agree to maintain and present upon request, documentation necessary to support this certificate.

14 Name (Prim or Type) 17.TeIephone Number

16 Daie(DD/M.M. YY) 16B Blanket period From:......... To...........................................................

part n Regulation 8(1)

INSTRUCTIONS ON HOW TO COMPLETE THE CERTIFICATE OF ORIGIN

to the final article exported to the United States for which preferential treatment may be claimed.

country) of the exporter.

a. Block 2 should state the legal name and address (including country) of the producer. If there is more than one producer, attach a list stating the legal name and address (including country) of all additional producers. If this information is confidential, it is acceptable to state "available to customs upon request" in block 2. If the producer and the exporter are the same, state "same" in block 2.

country) of the importer.

description should be sufficient to relate it to the invoice description and to the description of the article in the international harmonized system. Include the invoice number as shown on the commercial invoice or if the invoice number is not known, include another unique reference number.such as the shipping order number.

that designates the preference group (A-I) which applies to the article according to the description contained in the US Code of Federal Regulations (CFR) provision cited on the certificate for that group. The preference group description is only a summary of the US CFR.

Blocks 6 through 10 must be completed only a hen the block in question cal A for information that is relevant to (he preference group identified in block 5.

S. Block 6 should state the legal name and address (including country) of the fabric producer.

country) of the yam producer.

country) of the thread producer.

Block 9 should state the name of the folklore article or should state that the article is handloomed or handmade.

group "H" is inserted in Block 5, should state the name of the fabric or yam that is not formed in the United States or a beneficiary country and that is not available in commercial quantities in the United States.

on which the certificate was completed and signed.

if the certificate is intended to cover multiple shipments of identical articles as described in Block 4 that are imported into the United States during a specified period of up to one year (see 1 10.216 (B) (4) (II)). The '■from" date is the date on which the certificate became applicable to the article covered by the blanket certificate (this date may be prior to the datereflected in Block 16A). The ''to" Date is the date on which the blanket period expires.

reproduced locally. If more space is needed to complete the certificate, attach a continuation sheet.

SAM K. KUTESA. Minister responsible for Finance.