95-1797. Clarification of Guidelines for Exempt Certifications for ``India Items''

[Federal Register Volume 60, Number 16 (Wednesday, January 25, 1995)]
[Notices]
[Page 4892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1797]



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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Clarification of Guidelines for Exempt Certifications for ``India 
Items''

January 13, 1995.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs clarifying 
guidelines for exempt certifications.

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EFFECTIVE DATE: January 26, 1995.

FOR FURTHER INFORMATION CONTACT: Jennifer Tallarico, International 
Trade Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, [phone].

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).

    In a Memorandum of Understanding (MOU) dated December 31, 1994, the 
Governments of the United States and India outlined further guidelines 
for issuing and accepting exempt certifications for ``India items.'' 
These guidelines are to be used in conjunction with the ``Agreed List 
of Traditional Folklore Handicraft Textile Products of India--India 
Items'' (Annex E) of the Bilateral Cotton, Wool, Man-Made Fiber, Silk 
Blend and Other Vegetable Fiber Textile of February 6, 1987, as amended 
and extended.
    In the letter published below, the Chairman of CITA directs the 
Commissioner of Customs not to accept exempt certifications for 
``Indian items'' which include closure devices such as zippers, elastic 
(any form), elasticized fabric (any form), or hook-and-pile fasteners 
(such as ``Velcro'' or other similar holding fabric). In addition, U.S. 
Customs Service shall not accept items with buttons (including snap 
buttons) used as a means of securing at the waist such Indian items as 
salwar, ghagra/lahnga and pavadai. The design and/or ornamentations of 
such items should be a uniquely ``traditional and historical Indian'' 
design.
    Shipments of ``Indian items'' which do not conform with the 
guidelines in Annex E of the bilateral agreement and the MOU of 
December 31, 1994 shall be denied entry.
    See 44 FR 68504, published on November 29, 1979.
Rita D. Hayes,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements
January 13, 1995.

Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.

    Dear Commissioner: This directive amends, but does not cancel, 
the directive issued to you on November 26, 1979, as amended, by the 
Chairman, Committee for the Implementation of Textile Agreements. 
That directive directed you to prohibit entry of certain textile 
products, produced or manufactured in India for which the Government 
of India has not issued an appropriate visa or exempt certification.
    The purpose of this directive is to further clarify the 
guidelines currently used by U.S. Customs Service in accepting 
exempt certifications for textile products exported from India and 
certified as ``India items,'' under the provisions of the bilateral 
agreement.
    In a Memorandum of Understanding dated December 31, 1994, the 
Governments of the United States and India agreed that Indian items 
may not include closure devices such as zippers, elastic (any form), 
elasticized fabric (any form), or hook-and-pile fasteners (such as 
``Velcro'' or other similar holding fabric). In addition, buttons 
(including snap buttons) may not be used as a means of securing at 
the waist such Indian items as salwar, ghagra/lahnga and pavadai.
    When considering the design and/or ornamentations, it should be 
a uniquely ``traditional and historical Indian'' design.
    Effective on January 26, 1995, you are directed to deny entry of 
textile products certified by the Government of India as ``India 
items'' which do not conform with the current guidelines and the 
guidelines provided in this directive.
    The Committee for the Implementation of Textile Agreements has 
determined that this action falls within the foreign affairs 
exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).
    Sincerely,
Rita D. Hayes,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 95-1797 Filed 1-24-95; 8:45 am]
BILLING CODE 3510-DR-F