Hong Kong Regulations

IMPORT AND EXPORT (GENERAL) REGULATIONS - SCHEDULE 4

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

[regulations 5A & 7]

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$250 in free-on-board value- (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$250 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
               overseas agencies, and local insurance charges. This
               calculation will be applied notwithstanding subsequent
               reimbursement of any of the expenses by the overseas purchaser.
               The seller's profits, if any, must also be included in the
               calculation of the free-on-board value. (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 51
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.

(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 127 mm in length 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) 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 51 mm in length and in
contrasting colour to the fabric swatch. (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 the words must be at
least 26 mm in height and 51 mm 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 or gloves
itself.

(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 the words 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 stamping must be physically placed
on the article itself and in contrasting colour to the article. (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.

        (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)

(L.N. 111 of 1993)