Customs authorities look for objective evidence of prior use — soiling, wear patterns, laundering marks, or other signs that the article has been worn. New or unused garments, even if sold as surplus or overstock, do not qualify and must be classified under the appropriate apparel heading.

Used clothing is generally admissible without a special permit, but some countries of origin may trigger country-of-origin marking scrutiny, and large commercial shipments may face examination to confirm the worn condition. Importers should also be aware that some states have regulations on the resale of used textiles, separate from federal customs requirements.