Identifier
Created
Classification
Origin
07HONGKONG232
2007-01-24 08:46:00
UNCLASSIFIED
Consulate Hong Kong
Cable title:  

CBP'S LABUDA URGES HKG TO IMPROVE TEXTILE ENFORCEMENT

Tags:  ECON ETRD KTEX HK CH 
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VZCZCXRO6551
PP RUEHCN RUEHGH
DE RUEHHK #0232/01 0240846
ZNR UUUUU ZZH
P 240846Z JAN 07 ZDK
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC PRIORITY 0247
RUCPDOC/USDOC WASHDC
INFO RUEHBJ/AMEMBASSY BEIJING 0131
RUEHGH/AMCONSUL SHANGHAI
RUEHGZ/AMCONSUL GUANGZHOU 0358
RUEHCN/AMCONSUL CHENGDU 1026
RUEHSH/AMCONSUL SHENYANG 3491
RUEHIN/AIT TAIPEI 4347
UNCLAS SECTION 01 OF 02 HONG KONG 000232 

SIPDIS

State/EB/TPP/ABT LERSTEN
Commerce/ITA/OTEXA D'ANDREA
STATE PASS TO USTR QUESENBERRY, HEYLINGER
STATE PASS TO CBP LABUDA

SIPDIS

E.O. 12958: N/A
TAGS: ECON ETRD KTEX HK CH
SUBJECT: CBP'S LABUDA URGES HKG TO IMPROVE TEXTILE ENFORCEMENT
COOPERATION

SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY.

UNCLAS SECTION 01 OF 02 HONG KONG 000232

SIPDIS

State/EB/TPP/ABT LERSTEN
Commerce/ITA/OTEXA D'ANDREA
STATE PASS TO USTR QUESENBERRY, HEYLINGER
STATE PASS TO CBP LABUDA

SIPDIS

E.O. 12958: N/A
TAGS: ECON ETRD KTEX HK CH
SUBJECT: CBP'S LABUDA URGES HKG TO IMPROVE TEXTILE ENFORCEMENT
COOPERATION

SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY.


1. (SBU) Summary: Janet Labuda, Director of Textile Enforcement and
Operations Division, Office of International Trade at U.S. Customs
and Border Protection (CBP),and Scott Quesenberry, USTR Special
Textile Negotiator, met with Hong Kong government (HKG) officials to
discuss the Memorandum of Understanding on U.S. - Hong Kong
Cooperation in Trade in Textiles and Apparel Goods. Labuda
expressed concern that the 2005 and 2006 Joint Observation Visits
(JOVs) reveal that the United States still receives high levels of
textile and apparel imports from Hong Kong textile factories that
either have been reported as closed or have cancelled their
registrations to export to the United States. Labuda urged the HKG
to proactively provide CBP with information on all factories that
cancel or fail to renew their factory registration. The HKG
responded that legal mechanisms in Hong Kong do not allow for
sharing of such confidential material, but were willing to open
investigations on companies that the U.S. suspects of committing
textile violations. END SUMMARY.


2. (SBU) Labuda opened the meeting by stating that the United States
finds the Memorandum of Understanding on U.S. - Hong Kong
Cooperation in Trade in Textiles and Apparel Goods (MOU) a useful
tool in reducing textile violations and ensuring legitimate trade.
The MOU, signed in 2005, covers U.S. and Hong Kong Customs
cooperation in the form of Joint Observation Visits (JOVs) to
provide both governments with information to stop illegal textile
and apparel shipments. Labuda noted, however, that CBP is concerned
about the continued inability to visit many "high risk" factories.
During the November 2005 and December 2006 JOVs, the majority of
Hong Kong factories targeted for investigation could not be visited
because they had closed, cancelled their factory registration, or
outright refused admission to the investigating team (see para 3 for
data on visits).


3. (SBU) The JOV figures for 2006 and 2005 were:

December 2006 JOV:

206 factories targeted;

139 (67%) could not be visited;
92/139 were closed or had cancelled registration;
15/139 refused admission to the team;
32/139 are under investigation;

November 2005 JOV:

172 factories targeted;
127 (74%) factories could not be visited;
65/127 were closed or had cancelled registration;
24/127 refused admission to the team;
38/127 were under investigation (high

potential);
3/172 were visited with evidence of illegal
transshipment uncovered;
8/172 were visited and determined to have high
potential for transshipment;
26/172 were visited and determined to have low potential
for transshipment;
3/172 were visited with no evidence of transshipment
Uncovered;


4. (SBU) Labuda also explained that CBP uncovered a large number of
factories that have cancelled their factory registration, but still
ship textiles to the United States. She asked repeatedly for Hong
Kong to provide CBP with the names of factories that fail to renew
their registration or suddenly renew it after it has lapsed. This
information, she reiterated, would facilitate CBP's ability to
identify illegal shipments, take law enforcement action, and impose
penalties on violators. The HKG responded that providing such
information outside of an active law enforcement investigation
violated Hong Kong's privacy regulations. Belinda Kwan, Assistant
Director-General for Trade and Industry at the Hong Kong Trade and
Industry Department, noted numerous times that the decision not to
renew a factory registration is not necessarily an indication of
fraud. The HKG views such actions as a business decision over where
a company hopes to sell its products. She noted that if there is no
evidence of illegal activity, neither the HKG nor its employees can
share that information with a third party without the consent of the

HONG KONG 00000232 002 OF 002


people or companies concerned. She proposed that, if the U.S. was
concerned about a specific factory, it could provide the HKG with
the name and reasons for its concern. The HKG would subsequently
use this information to open an official law enforcement
investigation if the suspicion was legitimate and resources allow.



5. (SBU) Labuda also remarked that the U.S. and Hong Kong have
different methods for gathering statistics and analyzing data. She
stated that these differences were effective in determining
companies to target for a JOV, particularly when both sides - using
different methodologies - identified the same manufacturing facility
as a factory of concern. She urged increased data-sharing and the
comparison of statistics to help refine the procedures for
identifying companies of concern that should be visited in future
JOV's. She also requested further information on how the HKG
targets companies to undergo a Factory Audit Check (FAC) and stated
that the U.S. will continue to detain goods from facilities under
FAC investigation. Kwan responded by stating a FAC is technically a
law enforcement investigation and, therefore, the HKG only conducts
such checks on companies it suspects of textile violations. Labuda
also stated that any information that the HKG provides to CBP in
order to assist in the detection of instances of violations would be
extremely helpful. Labuda mentioned that other economies in the
region are working very closely with CBP by providing information on
suspect containers and shipments.


6. (SBU) Labuda concluded the meeting by proposing an additional JOV
in 2007, which the HKG welcomed. Labuda then provided the HKG with
a list of Hong Kong companies that are connected with seizures of
illegal textiles into the United States and asked for information to
determine whether these entities actively participated in textile
violations or were unaware of their connection to an illegal
shipment. She noted that CBP would like to re-invigorate
information sharing, including the quarterly targeting initiative,
and would provide the HKG with information on high-risk companies on
a regular basis. The HKG reiterated that they would follow up on
her requests, as resources allow. The HKG also asked CBP to refrain
from identifying the MOU and JOV's as reasons for detaining textile
shipments from Hong Kong at U.S. ports of entry, noting that it
increases public pressure on the HKG, with some Hong Kong businesses
opposing their close cooperation with the USG on textiles. Labuda
responded that CBP never provides the specific intelligence that
leads to detaining or seizing a shipment.

7 (SBU) The following people attended the meeting:

Hong Kong Government:

-- S.Y. Cheung, Head of Trade Controls, Hong Kong Customs and
Excise
-- Paul Sit, Principal Trade Controls Officer, Hong Kong Customs and
Excise
-- Belinda Kwan, Assistant Director-General, Trade and Industry
(Systems),TID
-- Eliza Lam, Principal Trade Officer (Systems),TID
-- Erica Ng, Assistant Director-General of Trade and Industry
(Americas),TID
-- Doris Chan, Principal Trade Officer (Americas),TID

U.S. Government:

-- Janet Labuda, CBP Director, Textile Enforcement Operations
Division
-- Scott Quesenberry, Special Textile Negotiator, USTR
-- Richard Powell, Senior CBP Representative, U.S. Consulate
General, Hong Kong


8. (U) Janet Labuda of CBP has cleared this cable.

Cunningham