Customs using “documentary accuracy tests”
to verify country of origin

Customs, in response to complaints of mis-marked textile articles from certain Asian countries, are using “documentary accuracy tests” to verify country of origin. Vietnamese textile trade is the largest target (Vietnam will not become quota free in 2005). Importers are increasingly compelled by Customs to produce production records in order to substantiate the country of origin. Importers have been subject to repeated requests, detentions and on occasions, denial of entry. Textile imports with insufficient or questionable country of origin substantiation be ordered for redelivery or liquidated damages. Customs has been known to order redelivery of all similar articles for the previous 6 months. All subsequent imports of textile articles for the same importer are likely to be detained prior to entry. Importers can take steps to reduce risk of delay be working closely with suppliers overseas. Being able to produce productions records quickly is an important step. Importer may also consider requiring this as part of the Letter of credit language – as a prerequisite for payment. Because of the egregious consequences, Importers who might receive requests for production documents should contact experienced counsel.

DHS, State Officials Outline Upcoming Changes in US Border Procedures ST&R

In an August 18 press briefing, Under Secretary of Homeland Security for Border and Transportation Security Asa Hutchinson and Deputy Assistant Secretary of State for Consular Affairs Janice Jacobs outlined several upcoming changes to procedures for processing visitors at US borders.

The first change is that, effective September 30, visitors from the 27 Visa Waiver Program (VWP) countries, who are allowed to enter the US without first obtaining a visa, will be required to enroll in the US Visitor and Immigrant Status Indicator Technology (US VISIT) program when entering the US. As a result, such visitors will be digitally photographed and their index fingers will be scanned upon entry. Hutchinson confirmed that Canadian citizens will remain exempt from US VISIT requirements and that “[t]here is not any intention to change that at the current time.”

The second change, which will take effect on October 26, will require visitors from VWP countries to present a machine-readable passport to enter the US without a visa. This change will also require children to carry an individual passport, rather than being included on a parent’s passport as some countries currently allow.

The third change is that, beginning in October 2005, VWP nations must issue travelers machine-readable passports with biometric identifiers if they are to enter the US without a visa. Jacobs said that “some countries are not going to be able to meet that deadline” but did not specify which ones. Hutchinson, noting that Congress is unlikely to extend the compliance deadline for such countries again, said that the most likely outcome would be that visitors from those countries would have to obtain a visa to enter the US.