Say you want to set up a
carpet business and need carpet samples to show prospective buyers your range
of colors.
Commercial samples become an issue for US Customs primarily under two (2) scenarios.
One way to mark these little guys would be as shown in the image below.
Commercial samples become an issue for US Customs primarily under two (2) scenarios.
The first is where an
importer, because it is importing a product it does not intend to resell, seeks
to avoid marking a product via use of one of the country of origin marking
exceptions.
The second is where an
importer seeks duty-free treatment of the merchandise being imported by
classifying it as a commercial sample under a special provision in chapter 98
of the Harmonized Tariff Schedule of the US (HTSUS).
Chapter 98 of the HTSUS has a
special provision regarding the duty-free entry of a commercial sample under
HTSUS heading 9811.00.20 when use of the sample is for the purpose of
soliciting purchase orders for foreign merchandise and the creation of demand
for future orders. Such treatment is
afforded when the sample is
1. Not
valued over $1, OR
2. Is
marked, torn, perforated or otherwise treaded so that it is unsuitable for sale
or for use otherwise than a sample.
Whereas not having the
”SAMPLE” marking may raise an issue by a US Customs border inspector, marking
it “SAMPLE NOT FOR RESALE” eliminates any issue. A best practice is to instruct your foreign vendor to mark the sample so as to minimize any ambiguities.One way to mark these little guys would be as shown in the image below.
Again, such recommendation is
being made in order to avoid issues that could arise due to an inspection of
the sample.
Questions/comments? Post below or email me at clark.deanna@gmail.com
Keep up with me on Twitter @fashcompliance.
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