[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63512-63514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30097]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Establishment of a New Export Visa Arrangement and Certification
Requirements for Certain Cotton, Wool, Man-Made Fiber, Silk-Blend and
Non-Cotton Vegetable Fiber Textiles and Textile Products Produced or
Manufactured in Colombia
December 5, 1995.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Issuing a directive to the Commissioner of Customs establishing
new export visa and certification requirements.
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EFFECTIVE DATE: December 6, 1995.
FOR FURTHER INFORMATION CONTACT: Jennifer Aldrich, 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).
On October 31, 1995 representatives of the Governments of the
United States and the Republic of Colombia signed an agreement to
establish a new export visa arrangement and certification requirements
for certain cotton, wool, man-made fiber, silk-blend and other
vegetable fiber textiles and textile products, produced or manufactured
in Colombia and exported from Colombia on and after November 10, 1995.
Goods exported during the period November 10, 1995 through December 31,
1995 shall not be denied entry for lack of a visa or certification. All
goods exported after January 1, 1996 must be accompanied by an
appropriate export visa or certification. Certain merchandise shall be
exempt from quota requirements.
In the letter published below, the Chairman of CITA directs the
Commissioner of Customs to prohibit entry of certain textile products,
produced or manufactured in Colombia and exported from Colombia for
which the Government of the Republic of Colombia has not issued an
appropriate export visa or certificate.
Facsimiles of export visa and certification stamps are on file at
the U.S. Department of Commerce in Room 3100.
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). Also see
60 FR 45144, published on August 30, 1995; 60 FR 45145, published on
August 30, 1995; 60 FR 53762, published on October 17, 1995.
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. Also see 41 FR 30707, published on July
26, 1976.
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.
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
Committee for the Implementation of Textile Agreements
December 5, 1995.
Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.
Dear Commissioner: This directive cancels and supersedes the
directive issued to you on July 20, 1976, as amended, by the
Chairman, Committee for the Implementation of Textile Agreements.
That directive directed you to prohibit entry of certain cotton,
wool, man-made fiber, silk blend, and other vegetable fiber textiles
and textile products, produced or manufactured in Colombia and
exported from Colombia for which the Government of the Republic of
Colombia has not issued an appropriate export visa or certificate.
Under the terms of section 204 of the Agricultural Act of 1956,
as amended (7 U.S.C. 1854); pursuant to the Export Visa Arrangement
dated October 31, 1995 between the Governments of the United States
and the Republic of Colombia; and in accordance with the provisions
of Executive Order 11651 of March 3, 1972, as amended, you are
directed to prohibit, effective on December 6, 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,
wool, man-made fiber, silk-blend, and other vegetable fiber textiles
and textile products in Categories 200-239, 300-369, 400-469, 600-
670, and 800-899, including merged and part categories, produced or
manufactured in Colombia and exported from Colombia on and after
November 10, 1995 for which the Government of the Republic of
Colombia has not issued an appropriate export visa fully described
below. Should additional categories, merged categories or part
categories become subject to import quota the entire category(s) or
part category(s) shall be included in the coverage of this
arrangement. Goods exported during the period November 10, 1995
through December 31, 1995 shall not be denied entry for lack of a
visa or certification.
A visa must accompany each commercial shipment of the
aforementioned textile products. 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 Colombia is ``CO''). These first
two codes shall be followed by the number ``1'' and a five-digit
serial number identifying the shipment, e.g., 5CO112345.
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 of the
Government of the Republic of Colombia.
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 or
successor document and in the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA or successor documents) shall be
reported in the spaces provided within the visa stamp (e.g., ``Cat.
352-510 DZ'').
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 352/652 may be visaed as 352/652 or if the
shipment consists solely of 352 merchandise, the shipment may be
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
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
[[Page 63513]]
and only the amount entered shall be charged to any applicable quota.
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.
If the visa is not acceptable then a new visa must be obtained
from the Government of the Republic of Colombia, or a visa waiver
may be issued by the U.S. Department of Commerce at the request of
the Embassy of Colombia in Washington, DC, 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 the visaed invoice is deficient, the U.S. Customs Service
will not return the original document after entry, but will provide
a certified copy of that visaed invoice.
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 Colombia has been allowed entry into the
commerce of the United States with either an incorrect category
classification or misstatement of the quantity, 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 items to be exempted from the bilateral
agreement shall be accompanied by a certification issued by the
Government of the Republic of Colombia. The certification shall be a
stamped marking in blue ink on the front of the invoice.
The Government of the Republic of Colombia will include the
following information on each certification:
1. authorized signature and title of the official issuing the
certification;
2. identify the items exempted;
3. date the certificate was signed and certified;
4. certificate number.
5. in the space marked ``Description'' indicate that the
shipment is either ``less than $250,'' ``a cottage industry product
of handloom fabric,'' or the name of the particular Colombian
traditional folklore products as listed in Annex A.
An export visa will not be required for shipments of certified
exempt items.
Each shipment of textile products which has been assembled in
the Republic of Colombia wholly from components cut in the United
States from U.S. formed fabric which are subject to the Andean
Special Access Textile Program as set out in the Agreement shall be
so certified by the Government of the Republic of Colombia. 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 and Puerto
Rico).
Each shipment shall be certified by the stamping of the original
rectangular-shaped stamped marking in blue ink on the front of the
original commercial invoice. The original copy of the invoice with
the original certification will be required in order to enter the
shipment into the United States. Duplicate copies of the invoice
and/or certification may not be used.
Each certification shall include the following information:
1. The certification number. The certification number shall be
nine digits and letters. It shall begin with one digit for the last
digit of the year of export followed by the two character country
code for Colombia, which is ``CO.'' These first two codes shall be
followed by the number ``2'' and a five-digit serial number
identifying the shipment, e.g., 5CO212345.
2. The date of issuance. The date of issuance shall be the day,
month and year in which the visa was issued.
3. The original signature of the issuing official of the
Government of the Republic of Colombia.
4. The correct category(s), merged category(s), part
category(s), quantity(s), and unit(s) of quantity in the shipment in
the unit(s) of quantity provided for in the U.S. Department of
Commerce Correlation and in the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA or successor documents) shall be
reported in the spaces provided within the visa stamp (e.g., ``Cat.
352-510 DZ'').
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 352/652 may be visaed as 352/652 or if the
shipment consists solely of 352 merchandise, the shipment may be
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
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 quota.
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:
1. A valid certification by the Government of the Republic of
Colombia.
2. A completed copy of form ITA-370P or successor document with
a proper declaration by the Colombian assembler that the articles
were subject to assembly in Colombia from parts described on that
declaration; and
3. 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 Andean Special Access Textile Program then a new
certification from the Government of the Republic of Colombia 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
Colombia 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 Andean Special Access Textiles 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.
Merchandise imported for the personal use of the importer and
not for resale, regardless of value, and properly marked or
mutilated 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 existing quota levels.
Visaed merchandise and products eligible for the Andean Special
Access Textiles Program may not appear on the same invoice.
The visa and certification stamps are enclosed. The
certification stamp for exempt items remains unchanged.
The actions taken concerning the Government of the Republic of
Colombia 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,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
Annex A--Colombian Traditional Folklore Handicraft Textile Products
``Colombian Items'' are
traditional Colombian
products, cut, sewn or
otherwise fabricated by hand
in cottage units of the
cottage industry. The
following is the agreed upon
list of such items:
1. Bedspread: Bedspread made on
manual loom.
2. Blouse with crochet knitted
neck: A blouse made of greige
cloth heavily decorated around
the neck, extending down the
front and around the sleeves
with hand crochet work. This
blouse also has embroidered
panels extending down the
front on either side of the
crochet work.
[[Page 63514]]
3. Embroidered Blouse: Hand cut
and hand sewn blouse with
extensive hand embroidery on
the upper front and lower
portions.
4. Embroidered Skirt: Hand cut and
hand sewn skirt with extensive
hand embroidery.
5. Blankets, Hand Woven: These
colorful blankets are hand
woven from wool, cotton or
wool and cotton, heavy yarns
to form striped or block
patterns. The ends may be
finished with spangles formed
by the ends of the yarn and
knotted, or may be hemmed.
6. Indian Embroidered Cloth: Cloth
panels hand embroidered with
various crude and colorful
Indian scenes. Generally these
cloths are used as wall
hangings.
7. Typical Colombia Dress: An
ankle length dress with a very
wide skirt trimmed with wide
handmade lace. The entire
dress is hand cut and hand
sewn and is a typical dress
for gaiety affairs.
8. Typical Guajira Dress: A
traditional loose fitting
women's garment formed by a
folded rectangular piece of
fabric with a hole or slot in
the center for the head, with
intricate embroidery around
the neck. This dress is made
similar to a ruana, but has
the outer edges sewn together
except for slots for the hands
and arms, and has closures on
the front.
9. Typical Mapale Dress: A knee
length dress consisting of
very wide skirt having a row
of heavy ruffles around the
blouse portion and two bands
of wide ruffles forming the
skirt. A very gay colored
festival dress.
10. Typical Mestiza Dress: A native
handmade dress with wide
neckline, ruffled collar and
wide skirt and with ruffles on
the lower part of the skirt.
11. Hammock: Multicolored stripped
hammocks made by hand from
coarse fabrics. Ends are
formed and reinfored with
strong rope.
12. Jacket, hand knitted: Wholly
hand knitted jacket. These
jackets are usually knitted
from wool yarns. Patched
pockets, also hand knitted,
are hand sewn to the garment.
13. Jacket of hand loomed fabric:
These jackets are wholly hand
made from hand loomed fabrics.
Patched pockets, also of hand
loomed fabric, are hand sewn
to the garment.
14. Ruana: A cloak made from a
heavy rectangular piece of
fabric or a blanket with hole
in the center for the head to
pass through. This is a
typical garment worn by men,
women and children throughout
the higher and cooler
altitudes of Colombia. The
men's ruana will generally
have no fringes. Women's
ruanas may have fringes and
are sometimes slit from the
neck opening to the edge to
permit the wearer to put it on
as a cape. Children's ruanas
sometimes have a color around
the opening with draw strings
for a close fit. These
garments are sometimes known
as ponchos.
15. Rugs, hand woven or hand
knotted: These rugs are
usually made from wool yarns
and are either wholly hand
woven or hand knotted. They
are generally square or
rectangular in shape and are
in colorful designs.
16. Macrame Shawl: Hand made shawls
wholly of macrame lace or with
macrame lace edge. The shawls
are in various colors with the
typical long fringe around the
lower edges.
17. Sweaters and Cardigans, hand
knitted: Wholly hand knitted
sweaters and cardigans,
generally a bulky knit with
decorative vertical patterns.
18. Table Cloths and Napkins,
embroidered: Table cloths and
napkins cut and hemmed by hand
and extensively embroidered by
hand.
19. Colorful waist band: Hand
plaited waist bands in
multicolors. These are
sometimes sewn together to
form wide bands.
20. Wall hangings, rectangular: A
colorful wall hanging made
from coarse yarns connected to
decorative crudely woven
bands. These are hand made and
come in various sizes.
21. Wall hanging, tree: Tree shaped
wall hangings formed by
connecting together crudely
woven bands in graduated sizes
with coarse yarns to form the
outline of a tree. The wall
hanging is decorated with
small balls of cotton fiber.
22. Indian Color Knapsack: Knapsack
made with belt like woven or
plaited strap and multicolored
bag, to be worn on the
shoulder.
23. Pillow Covers, Embroidered by
hand: Covers for throw pillow
containing extensive hand
embroidery covering 50 percent
or more of the outer surface
of the cover.
24. Hand made macrame handbags
25. Molas: Hand appliqued layers of
different colors, forming
geometric and abstract
designs, made of cotton
material.
26. Santa Rosa Tapestries,
Bedspreads and Pillowcases:
Tapestries, bedspreads and
pillowcases, of vivid colors,
with hand appliqued figures
forming landscapes and folk
scenes, made of cotton
material.
[FR Doc. 95-30097 Filed 12-8-95; 8:45 am]
BILLING CODE 3510-DR-F
