§ 3592. Rules of origin for textile and apparel products

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–465 title III § 334 · 108 Stat. 4809

   Enacted · 19 U.S.C. § 3592

   Pub. L. 103–465, title III, § 334, Dec. 8, 1994, 108 Stat. 4949

   Source evidence

   Code source credit
   Pub. L. 103–465, title III, § 334, Dec. 8, 1994, 108 Stat. 4949

   Enacted provision · exact public law section
   SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL PRODUCTS. (a) Regulatory Authority.— The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of textiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995. (b) Principles.— (1) In general.— Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if— (A) the product is wholly obtained or produced in that country, territory, or possession; (B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and— (i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession, (C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or (D) the product is any other textile or apparel product that is wholly assembled in that country, territory, or possession from its component pieces. (2) Special rules.— Notwithstanding paragraph (1)(D)— (A) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under subparagraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, or 9404.90; and (B) a textile or apparel product which is knit to shape shall be considered to originate in, and be the growth, product, or manufacture of, the country, territory, or possession in which it is knit. (3) Multicountry rule.— If the origin of a good cannot be determined under paragraph (1) or (2), then that good shall be considered to originate in, and be the growth, product, or manufacture of— (A) the country, territory, or possession in which the most important assembly or manufacturing process occurs, or (B) if the origin of the good cannot be determined under subparagraph (A), the last country, territory, or possession in which important assembly or manufacturing occurs. (4) Components cut in the united states.— (A) The value of a component that is cut to shape (but not to length, width, or both) in the United States from foreign fabric and exported to another country, territory, or insular possession for assembly into an article that is then returned to the United States— (i) shall not be included in the dutiable value of such article, and (ii) may be applied toward determining the percentage referred to in General Note 7(b)(i)(B) of the HTS, subject to the limitation provided in that note. (B) No article (except a textile or apparel product) assembled in whole of components described m subparagraph (A), or of such components and components that are products of the United States, in a beneficiary country as defined in General Note 7(a) of the HTS shall be treated as a foreign article, or as subject to duty if— (i) the components after exportation from the United States, and (ii) the article itself before importation into the United States do not enter into the commerce of any foreign country other than such a beneficiary country. (5) Exception for united states-israel free trade agreement.— This section shall not affect, for purposes of the customs laws and administration of quantitative restrictions, the status of goods that, under rulings and administrative practices in effect immediately before the enactment of this Act, would have originated in, or been the growth, product, or manufacture of, a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1987. For such purposes, such rulings and administrative practices that were applied, immediately before the enactment of this Act, to determine the origin of textile and apparel products covered by such agreement shall continue to apply after the enactment of this Act, and on and after the effective date described in subsection (c), unless such rulings and practices are modified by the mutual consent of the parties to the agreement. (c) Effective Date.— This section shall apply to goods entered, or withdrawn from warehouse, for consumption on or after July 1, 1996, except that this section shall not apply to goods if— (1) the contract for the sale of such goods to the United States is entered into before July 20, 1994; (2) all of the material terms of sale in such contract, including the price and quantity of the goods, are fixed and determinable before July 20, 1994; (3) a copy of the contract is filed with the Commissioner of Customs within 60 days after the date of the enactment of this Act, together with a certification that the contract meets the requirements of paragraphs (1) and (2); and (4) the goods are entered, or withdrawn from warehouse, for consumption on or before January 1, 1998. The origin of goods to which this section does not apply shall be determined in accordance with the applicable rules in effect on July 20, 1994.

2. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 20(c)(9) · 110 Stat. 3514

   Substituted · 19 U.S.C. § 3592(b)(1)(B)(ii)

   Pub. L. 104–295 substituted “possession;” for “possession,”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(B)(ii). Pub. L. 104–295 substituted “possession;” for “possession,”.

   Enacted provision · exact public law section
   (c) Title III.— (1) Section 314(e) of the Uruguay Round Agreements Act is amended in the matter proposed to be inserted as section 306(b)(1) of the Trade Act of 1974, by striking the closed quotation marks and second period at the end. (2) Section 321(a)(1)(C)(i) of the Uruguay Round Agreements 19 USC 1337. Act is amended to read as follows: “(i) in the first sentence by striking ‘such Act’ and inserting ‘such subtitle’; and”. (3) Section 592A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 19 USC 1592a. 1592A(a)(3)) is amended by striking “list under paragraph (2)” and inserting “list under paragraph (1)”. (4) Section 301(c)(4) of the Trade Act of 1974 (19 U.S.C. 2411(c)(4)) is amended by striking “paragraph (1)(C)(iii)” and inserting “paragraph (1)(D)(iii)”. (5) Section 202(d)(4)(A)(i) of the Trade Act of 1974 (19 U.S.C. 2252(d)(4)(A)(i)) is amended by striking “section 202(b)” and inserting “subsection (b)”. (6) Section 304(a)(3)(A) of the Trade Act of 1974 (19 U.S.C. 2414(a)(3)(A)) is amended by inserting “Rights” after “Intellectual Property”. (7) Section 331 of the Uruguay Round Agreements Act (19 U.S.C. 3591) is amended by striking “, as defined in section 2(9) of the Uruguay Round Implementation Act,”. (8) Section 204 of the Agricultural Act of 1956 (7 U.S.C. 1854) is amended in the second sentence by striking “Implementation” and inserting “Agreements”. (9) Section 334(b)(1)(B)(ii) of the Uruguay Round Agreements Act (19 U.S.C. 3592(b)(1)(B)(ii)) is amended by striking “possession,” and inserting “possession;”. (10) Section 305(d)(2) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(d)(2)) is amended— (A) by striking “or” after the semicolon at the end of subparagraph (B); and (B) in subparagraph (C) by striking the period at the end and inserting a semicolon. (11) Section 304 of the Trade Agreements Act of 1979 (19 U.S.C. 2514) is amended— (A) in subsection (a) by striking the comma after “XXIV(7)”; and (B) in subsection (c)— (i) by striking the comma after “XXIV(7)”; and (ii) by striking the comma after “XIX(5)”. (12) Section 308(4)(D) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(D)) is amended by striking “the the” and inserting “the”. (13) Section 305(g) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)) is amended— (A) in paragraph (1)— (i) by striking “of such subsection” and inserting “of subsection (d)(2)”; and (ii) by inserting “of subsection (d)(2)” after “(as the case may be)”; and (B) in paragraph (3)— (i) by striking “the the” and inserting “the”; and (ii) by inserting “of subsection (d)(2)” after “(as the case may be)”. (14) Section 402(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2532(4)) is amended by inserting a comma after “system, if any”. (15) Section 414(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C. 2544(b)(1)) is amended by striking “procedures,,” each place it appears and inserting “procedures,”. (16) Section 451(6)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2571(6)(A)) is amended by striking “Members.” and inserting “Members; and”.

3. 2000

   Pub. L. 106–200 title IV § 405(a) · 114 Stat. 251

   1. Substituted · 19 U.S.C. § 3592(b)(2)

      Pub. L. 106–200 designated existing provisions as subpar. (A), in introductory provisions substituted “Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)” for “Notwithstanding paragraph (1)(D)”

   2. Added · 19 U.S.C. § 3592(b)(2)

      Pub. L. 106–200 added subpars. (B) and (C)

   3. Redesignated · 19 U.S.C. § 3592(b)(2)

      Pub. L. 106–200 redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–200 designated existing provisions as subpar. (A), in introductory provisions substituted “Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)” for “Notwithstanding paragraph (1)(D)”, added subpars. (B) and (C), and redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A).

   Enacted provision · exact public law section
   (a) In General.— Section 334(b)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3592(b)(2)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) in the matter preceding clause (i) (as redesignated), by striking “Notwithstanding paragraph (1)(D)” and inserting “(A) Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)”; and (3) by adding at the end the following: “(B) Notwithstanding paragraph (1)(C), fabric classified under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to originate in, and be the growth, product, or manufacture of, the country, territory, or possession in which the fabric is both dyed and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. “(C) Notwithstanding paragraph (1)(D), goods classified under HTS heading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95, except for goods classified under such headings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to originate in, and be the growth, product, or manufacture of, the country, territory, or possession in which the fabric is both dyed and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.”.

   Effective date note
   Pub. L. 106–200, title IV, § 405(b), May 18, 2000, 114 Stat. 293, provided that: “The amendments made by this section [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [May 18, 2000].”

5 of 5 references resolved to an enrolled provision