Hong Kong Regulations

IMPORT AND EXPORT (GENERAL) REGULATIONS - SCHEDULE 4

Caution: This is a past version. See the current version here.

[regulations 5A, 6 & 7] (L.N. 118 of 2001)

Textiles traders carrying on business of-

   (a)  importing textiles from any country or place;

   (b)  exporting textiles that are not entitled to a certificate of Hong Kong
        origin to any country or place;

   (c)  handling transhipment cargo of textiles from any country or place and
        to any country or place; or

   (d)  exporting textiles that are entitled to a certificate of Hong Kong
        origin to a country or place with which Hong Kong does not have a
        bilateral textiles agreement to control exports of textiles from Hong
        Kong to the country or place;

   (e)  exporting textiles to the United States of America provided that the
        conditions in either subparagraph (i) or (ii) are satisfied-

        (i)    Samples not exceeding US$800 in free-on-board value- (L.N. 118
               of 2001) (A) The textiles are bona fide samples not for resale.
               (B) The textiles are of Hong Kong origin under the
               certification of origin or export licensing system administered
               by the Director. (C) Each consignment of textiles must not
               exceed US$800 in free-on-board value. The free-on-board value
               is determined on the basis of all expenses incurred in the
               manufacture and delivery of the textiles up to the time the
               textiles are deposited on board the vessel, aircraft or vehicle
               of export, including the cost of all materials, manufacturing
               costs, export packing charges, local transport charges, loading
               charges, documentation fees (including consular fees),
               commissions payable to local or non-local agencies, and local
               insurance charges. This calculation will be applied
               notwithstanding subsequent reimbursement of any of the expenses
               by the purchaser outside Hong Kong. The seller's profits, if
               any, must also be included in the calculation of the
               free-on-board value. (23 of 1998 s. 2; L.N. 118 of 2001) (D)
               Each consignment must be covered by separate export 
               notification, and packed and invoiced separately. (E) The
               invoice for such samples must contain the declaration "Marked
               Sample-Not for Resale". (F) Each consignment must not be
               exported in or on the same vessel, aircraft or vehicle together
               with any other marked commercial sample or samples exported by
               the same textiles trader to the same consignee. (G) The
               textiles must be stamped or labelled in accordance with the
               following requirements- (I) For wearing apparel-

(1) The inside of the apparel must be indelibly stamped with the word "SAMPLE"
in block letters. The size of the word must be at least 26 mm in height and
153 mm in length. The stamping must be in contrasting colour to the apparel
and near the country of origin label and must be physically placed on the
apparel itself. (L.N. 118 of 2001)

(2) For apparel which is transparent or incapable of being stamped

(including briefs, bikinis, hosiery, sheer or very thin garments) and for
which the stamping of the word "SAMPLE" may render the apparel unsuitable for
use as a trade sample, fabric labels not smaller than 64 mm x 13 mm containing
the words "Sample-Not for Resale" must be conspicuously and permanently
affixed to the apparel in close proximity to the country of origin label. (II)
For fabrics-

(1) The fabric must not exceed 1829 mm in length.

(2) The fabric must be indelibly stamped with the word "SAMPLE" in block
letters at a diagonal angle across the back of the fabric at intervals of 457
mm for the entire length of the fabric. The size of the word must be at least
26 mm in height and 153 mm in length and in contrasting colour to the fabric.
(L.N. 118 of 2001) (III) For fabric swatches-

(1) The size of the fabric swatch must be under 304 mm x 304 mm.

(2) The fabric swatch must be indelibly stamped with the word "SAMPLE" in
block letters at a diagonal angle across the back of the fabric swatch. The
size of the word must be at least 26 mm in height and 153 mm in length and in
contrasting colour to the fabric swatch. (L.N. 118 of 2001) (IV) For hats and
gloves-

(1) The inside of the hat or glove must be indelibly stamped with the words
"SAMPLE-NOT FOR RESALE" in block letters. The size of each block letter must
be at least 26 mm in height and in length. The stamping must be in contrasting
colour to the hat or glove and placed on the underside of the bill of the hat,
or other conspicuous location and physically placed on the hat itself. For
gloves, the stamping must be near the country of origin label and physically
placed on the glove itself. (L.N. 118 of 2001)

(2) Hats or gloves which are incapable of being stamped must be labelled in
accordance with the labelling requirements set out in subparagraph
(i)(G)(I)(2). (V) For footwear-

(1) A hole of 6.5 mm in diameter must be punched or cut into the sole of the
footwear; or

(2) A label not smaller than 64 mm x 13 mm containing the words "Sample-Not
for Resale" must be sewn or permanently affixed to the outside of the
footwear, or to the inside which is readily visible when the footwear is
viewed. (VI) For luggage, handbags, furnishings and other miscellaneous
textile articles- A stamp in indelible ink must be placed on the inside of the
article near the top and easily readable with the words "SAMPLE-NOT FOR
RESALE" in block letters. The size of each block letter must be at least 26 mm
in height and in length. The stamping must be physically placed on the article
itself and in contrasting colour to the article. (L.N. 118 of 2001) (H) For
the purpose of meeting the indelible stamping requirement referred to in
subparagraph (i)(G), an indelible stamping is that which must be incapable of
being erased or obliterated. Markings in chalk or white-out are not
acceptable. (I) For mail packages, the declaration "Marked Sample - Not for
Resale" must be on both the mail declaration attached to the package and the
enclosed invoice. (L.N. 118 of 2001)

        (ii)   Mutilated or stamped samples- (A) The textiles are bona fide
               samples not for resale. (B) The textiles are of Hong Kong
               origin under the certification of origin or export licensing
               system administered by the Director. (C) The textiles must be
               mutilated or stamped in accordance with the following
               requirements- (I) For wearing apparel-

(1) A section must be cut or torn from the main body of the apparel. This cut
must be on the outside of the apparel and must be visible and not be on a seam
or border. The size of the cut or tear must be at least 51 mm in length; or

(2) A hole or section must be punched or cut into the apparel on the outside
in a prominent area of at least 26 mm in diameter and in a location where it
cannot be covered by a patch or an emblem; or

(3) The apparel must be stamped with the word "SAMPLE" in block letters in
indelible ink or paint. The size of the word must be at least 26 mm in height
and 51 mm in length. The word must be placed in a prominent area on the
outside of the apparel which will be visible when worn and in contrasting
colour to the apparel. (II) For fabrics-

(1) The fabric must not exceed 1829 mm in length.

(2) The fabric must be stamped in indelible ink or paint, or perforated with
the word "SAMPLE" in block letters at intervals of 457 mm for the entire
length of the fabric. The size of the word must be at least 26 mm in height
and 127 mm in length and be placed at a perpendicular angle across the fabric.
The word must be on the face or the front of the fabric and in contrasting
colour to the fabric. (III) For fabric swatches-

(1) The size of the fabric swatch must be under 304 mm x 304 mm.

(2) A hole or section of 26 mm in diameter must be cut in the main body of the
fabric swatch or the fabric swatch must be stamped with the word "SAMPLE" in
block letters in indelible ink or paint on the face or front. The size of the
word must be at least 26 mm in height and 51 mm in length and in contrasting
colour to the fabric swatch.

(3) Fabric swatches smaller than 203 mm x 203 mm may be exported as mutilated
samples without being cut or stamped, provided that they cannot be used for
any purpose other than for soliciting orders. (IV) For footwear- A hold of 6.5
mm in diameter must be punched or cut into the sole of the footwear. (V) For
luggage, handbags, furnishings and other miscellaneous textile articles- The
stamping or mutilation may take the form of-

(1) a hole of at least 26 mm in diameter or a cut of at least 51 mm in length;
or

(2) an indelible ink stamping of the word "SAMPLE" in block letters and in
contrasting colour to the article. The size of the word must be at least 26 mm
in height and 127 mm in length for those articles with surface area of the
prominent side at or exceeding 304 mm x 304 mm, and must be at least 26 mm in
height and 51 mm in length for those articles with surface area of the
prominent side below 304 mm x 304 mm. The hole, cut or stamp must be on the
outer surface of the article and in location which is visible when the article
is in use. (D) For the purpose of meeting the indelible stamping requirement
referred to in subparagraph (ii)(C), an indelible stamping is that which must
be incapable of being erased or obliterated. Markings in chalk or white-out
are not acceptable. (E) The invoice for such samples must contain the
declaration "Stamped or Mutilated Sample-Not for Resale". (L.N. 422 of 1996)
(F) For mail packages, the declaration "Stamped or Mutilated Sample - Not for
Resale" must be on both the mail declaration attached to the package and the
enclosed invoice. (L.N. 118 of 2001) (L.N. 111 of 1993)