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Festive Articles and Wearing Apparel, Update
December 19, 2008

Customs Headquarters has issued a directive to the ports authorizing the liquidation of entries of utilitarian or functional articles with festive designs,
entered prior to February 3, 2007, under the festive articles provision (assuming the legal criteria for such treatment are met). This will most directly impact pending protests of affected entries.

In the recent directive, Customs further indicates that, in light of the Court of Appeals decision approving apparel as festive articles, it has requested that the U.S. International Trade Commission (\\\"ITC\\\"): (1) commence an investigation of the impact of the exclusion of \\\"utilitarian\\\" articles from the festive articles provision; and (2) recommend to the United States Trade Representative (\\\"USTR\\\") the adoption of new duty-free provisions to accommodate certain previously excluded utilitarian articles with festive designs.

Significantly, Customs has indicated that it will suspend liquidation of applicable entries of utilitarian festive articles made on or after February 3, 2007, pending the contemplated adoption of the new duty-free provisions. However, this will not be a self-executing process. It will be incumbent upon importers to identify for Customs those entries involving festive articles. It will equally be incumbent to affirmatively request that Customs suspend the liquidation of new
and past unliquidated entries and to file protests on already liquidated entries.