[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Pages 2739-2742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-706]
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[[Page 2740]]
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Establishment of a New Export Visa Arrangement, Certification
Requirements and Establishment of a Guaranteed Access Level for Certain
Cotton and Man-Made Fiber Textile Products Produced or Manufactured in
El Salvador
January 6, 1995.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Issuing a directive to the Commissioner of Customs establishing
export visa and certification requirements and a guaranteed access
level.
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EFFECTIVE DATE: January 11, 1995.
FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-4212.
SUPPLEMENTARY INFORMATION:
Authority: Executive Order 11651 of March 3, 1972, as amended;
section 204 of the Agricultural Act of 1956, as amended (7 U.S.C.
1854).
The Export Visa Arrangement of December 27, 1994 between the
Governments of the United States and the Republic of El Salvador
establishes an export visa arrangement and certification requirements
for certain textile products, produced or manufactured in El Salvador
and exported from El Salvador on and after January 2, 1995. Goods
exported during the period January 2, 1995 through March 3, 1995 shall
not be denied entry for lack of a visa. All goods exported after March
3, 1995 must be accompanied by an appropriate visa or certification.
Beginning on January 11, 1995, the U.S. Customs Service will start
signing the first section of the form ITA-370P for shipments of U.S.
formed and cut parts in Categories 340/640 that are destined for El
Salvador and subject to the GAL established for Categories 340/640 the
period beginning on January 2, 1995 and extending through December 31,
1995. These products are governed by Harmonized Tariff item number
9802.00.8015 and Chapter 61 Statistical Note 5 and Chapter 62
Statistical Note 3 of the Harmonized Tariff Schedule. Interested
parties should be aware that shipments of cut parts in Categories 340/
640 must be accompanied by a form ITA-370P, signed by a U.S. Customs
officer, prior to export from the United States for assembly in El
Salvador in order to qualify for entry under the Special Access
Program.
A description of the textile and apparel categories in terms of HTS
numbers is available in the CORRELATION: Textile and Apparel Categories
with the Harmonized Tariff Schedule of the United States (see Federal
Register notice 59 FR 65531, published on December 20, 1994).
Requirements for participation in the Special Access Program are
available in Federal Register notices 51 FR 21208, published on June
11, 1986; 52 FR 26057, published on July 10, 1987; and 54 FR 50425,
published on December 6, 1989.
Facsimiles of the visa and certification stamps for the Government
of the Republic of El Salvador are on file at the U.S. Department of
Commerce, Office of Textiles and Apparel, 14th and Constitution Avenue,
NW., room 3104, Washington, DC.
Interested persons are advised to take all necessary steps to
ensure that textile products that are entered into the United States
for consumption, or withdrawn from warehouse for consumption, will meet
the visa and certification requirements set forth in the letter
published below to the Commissioner of Customs.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
Committee for the Implementation of Textile Agreements
January 6, 1995.
Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.
Dear Commissioner: Under the terms of section 204 of the
Agricultural Act of 1956, as amended (7 U.S.C. 1854), and pursuant
to the Export Visa Arrangement of December 27, 1994 between the
Governments of the United States and the Republic of El Salvador;
and in accordance with the provisions of Executive Order 11651 of
March 3, 1972, as amended, you are directed to prohibit, effective
on January 11, 1995, entry into the Customs territory of the United
States (i.e., the 50 states, the District of Columbia and the
Commonwealth of Puerto Rico) for consumption and withdrawal from
warehouse for consumption of cotton and man made fiber textile
products in Categories 340/640, produced or manufactured in El
Salvador and exported from El Salvador on and after January 2, 1995
for which the Government of the Republic of El Salvador has not
issued an appropriate export visa or certification fully described
below. Should additional categories, merged categories or part
categories be added to the bilateral agreement, the entire
category(s) or part category(s) shall be included in the coverage of
this arrangement on an agreed effective date. However, goods
exported during the period January 2, 1995 through March 3, 1995
shall not be denied entry for lack of a visa. All goods exported
after March 3, 1995 must be accompanied by an appropriate visa or
certification.
A visa must accompany each commercial shipment of the
aforementioned textile products, unless under the Special Access
Program. A circular stamped marking in blue ink will appear on the
front of the original commercial invoice. The original visa shall
not be stamped on duplicate copies of the invoice. The original
invoice with the original visa stamp will be required to enter the
shipment into the United States. Duplicates of the invoice and/or
visa may not be used for this purpose.
Each visa stamp shall include the following information:
1. The visa number. The visa number shall be in the standard
nine digit letter format, beginning with one numerical digit for the
last digit of the year of export, followed by the two character
alpha country code specified by the International Organization for
Standardization (ISO)(the code for El Salvador is ``SV''). The first
two codes shall be followed by the number ``1'' and a five-digit
serial number identifying the shipment; e.g., 5SV100002.
2. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued.
3. The original signature of the issuing official.
4. The correct category(s), merged category(s), part
category(s), quantity(s) and unit(s) of quantity in the shipment as
set forth in the U.S. Department of Commerce Correlation, as
amended.
Quantities must be stated in whole numbers. Decimals or
fractions will not be accepted. Merged category quota merchandise
may be accompanied by either the appropriate merged category visa or
the correct category visa corresponding to the actual shipment
(e.g., Categories 340/640 may be visaed as 340/640 or if the
shipment consists solely of 340 merchandise, the shipment may be
visaed as ``Cat. 340,'' but not as ``Cat. 640'').
The complete name and address of the actual manufacturer of the
textile product must be included on the visa document. If a textile
product has been processed by more than one manufacturer, the
complete name and address of the last firm to substantially
transform the article into a new and different article of commerce
must be listed on the visa document.
U.S. Customs shall not permit entry if the shipment does not
have a visa, or if the visa number, date of issuance, signature,
category, quantity or units of quantity are missing, incorrect or
illegible, or have been crossed out or altered in any way. If the
quantity indicated on the visa is less than that of the shipment,
entry shall not be permitted. If the quantity indicated on the visa
is more than that of the shipment, entry shall be permitted and only
the amount entered shall be charged to any applicable quota.
If the visa is not acceptable then a new visa and correct visa
must be obtained from the Government of the Republic of El Salvador,
or a visa waiver may be issued by the U.S.
[[Page 2741]]
Department of Commerce at the request of the Government of the
Republic of El Salvador, and presented to the U.S. Customs Service
before any portion of the shipment will be released. The waiver, if
used, only waives the requirement to present a visa with the
shipment. It does not waive the quota requirement.
If import quotas are in force, U.S. Customs Service shall charge
only the actual quantity in the shipment to the correct category
limit. If a shipment from El Salvador has been allowed entry into
the commerce of the United States with either an incorrect visa or
no visa, and redelivery is requested but cannot be made, U.S.
Customs shall charge the shipment to the correct category limit
whether or not a replacement visa or visa waiver is provided.
Each shipment of textile products which has been assembled in
the Republic of El Salvador wholly from components cut in the United
States from U.S.-formed fabric which is subject to the Guaranteed
Access Level shall be so certified by the Government of the Republic
of El Salvador. This certification shall be presented to the U.S.
Customs Service before entry, or withdrawal from warehouse for
consumption, into the customs territory of the United States (the 50
states, the District of Columbia and Puerto Rico).
A certification must accompany each commercial shipment of the
aforementioned textile products. A rectangular stamped marking in
blue ink will appear on the front of the original commercial
invoice. The original certification shall not be stamped on
duplicate copies of the invoice. The original invoice with the
original certification stamp will be required to enter the shipment
into the United States. Duplicates of the invoice and/or
certification may not be used for this purpose.
Each certification shall include the following information:
1. The certification number. The certification number shall be
in the standard nine digit letter format, beginning with one
numerical digit for the last digit of the year of export, followed
by the two character alpha country code specified by the
International Organization for Standardization (ISO)(the code for El
Salvador is ``SV''). The first two codes shall be followed by the
number ``2'' and a five-digit serial number identifying the
shipment; e.g., 5SV200002.
2. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued.
3. The original signature of the issuing official.
4. The correct category(s), merged category(s), part
category(s), quantity(s) and unit(s) of quantity in the shipment as
set forth in the U.S. Department of Commerce Correlation, as
amended.
U.S. Customs shall not permit entry if the shipment does not
have a certification number, date of issuance, signature, category,
quantity or units of quantity are missing, incorrect or illegible,
or have been crossed out or altered in any way. If the quantity
indicated on the certification is less than that of the shipment,
entry shall not be permitted. If the quantity indicated on the
certification is more than that of the shipment, entry shall be
permitted and only the amount entered shall be charged to any
applicable level.
Entry of textile products subject to the certification system
outlined above into the customs territory of the United States will
be permitted only for those shipments accompanied by:
A. A valid certification by the Government of the Republic of El
Salvador.
B. A completed copy of the CBI Export Declaration (U.S.
Department of Commerce Form ITA-370P) with a proper declaration by
the Republic of El Salvador assembler that the articles were subject
to assembly in the Republic of El Salvador from parts described on
that CBI Export Declaration; and
C. A proper importer's declaration.
Any shipment which is not accompanied by a valid and correct
certification in accordance with the foregoing provisions shall be
denied entry by the Government of the United States. If U.S. Customs
determines that the certification is invalid because of an error,
and the remaining documentation fulfills requirements for entry
under the Caribbean Basin Textile Special Access Program, then a new
certification from the Government of the Republic of El Salvador
must be obtained or a visa waiver issued by the U.S. Department of
Commerce at the request of the Government of the Republic of El
Salvador must be obtained and presented to the U.S. Customs Service
before any portion of the shipment will be released.
Any shipment found not to be in compliance with the provisions
of the Special Access Program relating to trade in textile products
wholly assembled of U.S. components cut from U.S. formed fabrics,
may be permanently denied entry under this program.
Effective on January 11, 1995, you are directed to establish a
Guaranteed Access Level for cotton and man-made fiber textile
products in Categories 340/640 at 1,000,000 dozen for the period
beginning on January 1, 1995 and extending through December 31,
1995.
Beginning on January 11, 1995, you are directed to start signing
the first section of the form ITA-370P for shipments of U.S. formed
and cut parts in Categories 340/640 that are destined for El
Salvador and subject to the GAL established for Categories 340/640
the January 1, 1995 through December 31, 1995 period.
Visaed merchandise and products eligible for the Caribbean Basin
Textile Special Access Program may not appear on the same invoice.
Merchandise imported for the personal use of the importer and
not for resale, regardless of value, and properly marked commercial
sample shipments valued at U.S.$250 or less, do not require a visa
or certification for entry and shall not be charged to agreement
levels.
Facsimiles of the visa stamps are enclosed with this letter.
The actions taken concerning the Government of the Republic of
El Salvador with respect to imports of textiles and textile products
in the foregoing categories have been determined by the Committee
for the Implementation of Textile Agreements to involve foreign
affairs functions of the United States. Therefore, these directions
to the Commissioner of Customs, which are necessary for the
implementation of such actions, fall within the foreign affairs
exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). This
letter will be published in the Federal Register.
Sincerely,
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
BILLING CODE 3510-DR-F
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[GRAPHIC] [TIFF OMITTED] TN11JA95.000
[FR Doc. 95-706 Filed 1-6-95; 3:40 pm]
BILLING CODE 3510-DR-C
