[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Notices]
[Pages 71117-71120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32797]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Consolidation and Amendment of Export Visa Requirements to
Include the Electronic Visa Information System for Certain Cotton,
Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and
Textile Products Produced or Manufactured in Bangladesh
December 14, 1999.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Issuing a directive to the Commissioner of Customs
consolidating and amending visa requirements.
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EFFECTIVE DATE: January 1, 2000.
FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
Authority: Section 204 of the Agricultural Act of 1956, as
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as
amended.
In exchange of notes dated December 9 and December 14, 1999, the
Governments of the United States and Bangladesh agreed to amend the
existing visa arrangement for 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, 800-899, produced or manufactured
in Bangladesh and exported on and after January 1, 2000. The amended
arrangement consolidates existing provisions and new provisions for the
Electronic Visa Information System (ELVIS). The Governments of the
United States and Bangladesh will implement a 6-month test phase in
which, in addition to the ELVIS requirements, shipments will continue
to be accompanied by a visa. This notice supersedes the notice and
letter to the Commissioner of Customs, as amended, published in the
Federal Register on November 17, 1988 (53 FR 46484).
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 63 FR 71096, published on December 23, 1998).
Information regarding the 2000 CORRELATION will be published in the
Federal Register at a later date.
Goods integrated into GATT 1994 in Stage II by the United States
will not require a visa or ELVIS transmission (see Federal Register
notice 63 FR 53881, published on October 7, 1998).
Interested persons are advised to take all necessary steps to
ensure that textile products entered into the United States for
consumption, or withdrawn from warehouse for consumption, will meet the
visa 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 14, 1999.
Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.
Dear Commissioner: This directive supersedes the directive
issued to you on November 14, 1988 by the Chairman, Committee for
the Implementation of Textile Agreements. Under the terms of section
204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); and
pursuant to the Uruguay Round Agreement on Textiles and Clothing and
the Export Visa Arrangement, effected by exchange of notes dated
December 9 and December 14, 1999, between the Governments of the
United States and Bangladesh; and in accordance with the provisions
of Executive Order 11651 of March 3, 1972, as amended, you are
directed to prohibit, effective on January 1, 2000, 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, 800-899, including part categories and merged categories,
produced or manufactured in Bangladesh and exported on and after
January 1, 2000 for which the Government of Bangladesh has not
issued an appropriate export visa and Electronic Visa Information
System (ELVIS) transmission fully described below. Should additional
categories, part-categories or merged categories become subject to
import quotas, the entire category(s), part-category(s) or merged
category(s) shall be included in the coverage of this arrangement.
A visa must accompany each shipment of the aforementioned
textile products. A circular stamped marking in blue ink will appear
on the front of the original export license. The original visa shall
not be stamped on duplicate copies of the export license. The
original export license with the original visa stamp will be
required to enter the shipment into the United States. Duplicates of
the export license and/or visa may not be used for this purpose.
Visa Requirements
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 numeric digit for the
last digit of the year of export, followed by the two character
alpha code specified by the International Organization for
Standardization (ISO) (the code for Bangladesh is ``BD''), and a six
digit serial number identifying the shipment; e.g., 0BD123456.
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 authorized by
the Government of Bangladesh.
4. The correct category(s), part category(s), merged
category(s), quantity(s) and unit(s) of quantity in the shipment in
the unit(s) of quantity provided for in Annex A of the Export Visa
Arrangement, in the U.S. Department of Commerce Correlation, and in
the Harmonized Tariff Schedule of the United States Annotated, or
successor document and shall be reported in the spaces provided
within the visa stamp (e.g., ``Cat. 340-510 DOZ'').
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. (For
example, quota Category 347/348 may be visaed as ``Cat. ``347/348''
or if the shipment consists solely of Category 347 merchandise, the
shipment may be visaed as ``Cat. 347,'' but not as ``Cat. 348'').
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,
illegible, or have been crossed out or altered in any way. If the
quantity indicated on the visa is less than that of the
[[Page 71118]]
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.
The categories and units of measure shall be those listed in
Annex A of the Export Visa Arrangement and as determined by the U.S.
Customs Service.
If the visa is not acceptable then a new correct visa must be
obtained from the Government of Bangladesh or a visa waiver may be
issued by the U.S. Department of Commerce at the request of the
Government of Bangladesh 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 any quota requirement. Visa waivers will
only be issued for classification purposes or for one-time special
purpose shipments that are not part of an ongoing commercial
enterprise.
If the visaed invoice is deficient, the U.S. Customs Service
will not return the original document after entry, but will provide
the importer a certified copy of that visaed export license for use
in obtaining a new correct visaed invoice or a visa waiver.
Only the actual quantity in the shipment and the correct
category will be charged to the applicable restraint level.
If a shipment from Bangladesh has been allowed entry into the
commerce of the United States with either an incorrect visa or no
visa and redelivery is requested but is not made, the shipment will
be charged to the correct category limit whether or not a
replacement visa or visa waiver is provided.
The Government of the United States will make available to the
Government of Bangladesh, upon request, information on the amounts
and categories involved for all items subject to quota administered
by the U.S. Customs Service.
The complete name and address of a company performing the major
production steps in the manufacturing process of the textile
products covered by the visa shall be provided on the textile visa
document.
ELVIS Requirements:
A. Each ELVIS message will include the following information:
i. The visa number as defined above.
ii. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued.
iii. The correct category(s), part category(s), merged
category(s), quantity(s) and unit(s) of quantity of 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 or successor documents.
iv. The quantity of the shipment in the correct units of
quantity
v. The manufacturer ID number (MID). The MID shall begin with
``BD,'' followed by the first three characters from each of the
first two words of the name of the manufacturer, followed by the
largest number on the address line up to the first four digits,
followed by three letters from the city name.
B. Entry of a shipment shall not be permitted:
i. if an ELVIS transmission has not been received for the
shipment from Bangladesh;
ii. if the ELVIS transmission for that shipment is missing any
of the following:
a. visa number
b. category or part category
c. quantity
d. unit of measure
e. date of issuance
f. manufacturer ID number;
iii. if the ELVIS transmission for the shipment does not match
the information supplied by the importer with regard to any of the
following:
a. visa number
b. category or part category
c. unit of measure;
iv. if the quantity being entered is greater than the quantity
transmitted;
v. if the visa number has previously been used, except in the
case of a split shipment, or canceled, except when an entry has
already been made using the visa number.
C. A new, correct ELVIS transmission from Bangladesh is required
before a shipment that has been denied entry for one of the
circumstances described above will be released.
D. Notwithstanding the previous paragraph, a visa waiver may be
accepted, at the discretion of the U.S. Department of Commerce, in
lieu of an ELVIS transmission if the shipment qualifies as a one-
time special purpose shipment that is not part of an ongoing
commercial enterprise.
E. Shipments will not be released for forty-eight hours in the
event of a system failure. If system failure exceeds forty-eight
hours, for the remaining period of the system failure, the U.S.
Customs Service will release shipments on the basis of the paper
visaed document.
F. If a shipment from Bangladesh is allowed entry into the
commerce of the United States with an incorrect visa, no visa, an
incorrect ELVIS transmission, or no ELVIS transmission, and
redelivery is requested but is not made, the shipment will be
charged to the correct category limit whether or not a replacement
visa or waiver is provided or a new ELVIS message is transmitted.
G. The U.S. Customs will provide the Government of Bangladesh
with a report on visa utilization which is accessible at any time.
This report will contain:
a. visa number
b. category number
c. unit of measure
d. quantity charged to quota
e. entry number
f. entry line number
Exempt Certification Requirements
Textiles and textile articles provided for below, which includes
Bangladesh items listed in Annex C of the Export Visa Arrangement,
will be exempted from the levels of restraint (quotas), visa and
ELVIS requirements if they are certified, prior to the shipment
leaving Bangladesh, by the placing of the original rectangular-
shaped stamped marking in blue ink on the front of the original
commercial invoice. The original exempt certification shall not be
affixed to duplicate copies of the invoice. The original copy of the
invoice with the original exempt certification will be required to
enter the shipment into the United States. Duplicate copies of the
invoice and/or exempt certification may not be used.
1. Certain floor coverings: Floor coverings provided for in HTS
items 5701.10.1600, 5701.10.4000, 5702.51.2000, 5702.91.3000,
5702.92.0010, 5702.99.1010.
2. Handloomed fabrics, handmade and folklore products:
a. Handloomed fabrics of the cottage industry
b. Handmade textile products made in the cottage industry from
handloomed fabrics; and
c. Particular traditional folklore handicraft products as listed
in Annex C of the Export Visa Arrangement.
Requirements for exempt certification stamp: Each exempt
certification stamp will include the following information:
1. Date of issuance;
2. Signature of issuing official;
3. The basis for the exemption, which shall be noted as:
a. Floor Coverings - HTS number 5701.10.1600 (or whichever HTS
number is applicable).
b. Handloomed fabric
c. Hand-made textile product
d. The name of the particular traditional folklore handicraft
product (Bangladeshi item) as listed below.
Should a shipment be exported from Bangladesh with an incorrect
exempt certification (i.e. the date of issuance, signature or basis
for exemption is missing, incorrect or illegible or has been crossed
out or altered in any way), then the exempt certification shall not
be accepted and entry shall not be permitted until a replacement
certification is issued.
Should a shipment be exported from Bangladesh without an exempt
certification being issued prior to the date of exportation or the
merchandise does not qualify for the exemption, then an exempt
certification shall not be accepted and entry shall not be
permitted. In such a case, a visa or a visa waiver must be obtained
prior to release of any portion of the shipment. If quotas are in
force, the shipment will be charged to the appropriate quota level.
Shipments not requiring visas, ELVIS transmissions or exempt
certifications:
Merchandise imported for the personal use of the importer and
not for resale, regardless of value, and properly marked commercial
sample shipments valued $800 or less do not require a visa, an ELVIS
transmission or exempt certification for entry and shall not be
charged to Agreement levels.
Other provisions:
Except as provided for above, any shipment which is not
accompanied by a valid and correct visa and ELVIS transmission, or
exempt certification in accordance with the foregoing provisions,
shall be denied entry by the Government of the United States unless
the Government of Bangladesh authorizes the entry and any charges to
the agreement levels.
An invoice may cover visaed merchandise or exempt certification
merchandise but not both.
After a six-month test phase is completed, both governments will
conduct a joint
[[Page 71119]]
assessment and make recommendations regarding the elimination of the
visa stamp on the commercial invoice.
Effective on January 1, 2000, neither a visa nor an ELVIS
transmission will be required for products integrated in the second
stage of the integration of textiles and clothing into GATT 1994
from WTO member countries (see directive dated September 30, 1998) A
visa and ELVIS transmission will continue to be required for non-
integrated products.
The visa stamp remains unchanged.
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,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
Merged and Part Categories
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Designation in Conversion
Category Agreement Factor to SME Unit
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Meged Categories..
336 and 636 336/636 37.90 dozen
338 and 339 338/339 6.00 dozen
340 and 640 340/640 20.10 dozen
342 and 642 342/642 14.90 dozen
347 and 348 347/348 14.90 dozen
351 and 651 351/651 43.50 dozen
352 and 652 352/652 11.30 dozen
638 and 639 638/639 12.96 dozen
645 and 646 645/646 30.80 dozen
647 and 648 647/648 14.90 dozen
Part Categories...
369-S Cotton Shop 8.50 kilograms
Towels
369-O Other Cotton 8.50 kilograms
Manufactures
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Bangladeshi Items
These are the items that are uniquely and historically traditional
Bangladeshi products. All these items mentioned in this list are made
from woven fabric. Additional items may be included after consultations
and mutual agreement of both Governments.
Embroidered Kaftan Ankle length loose fitting dress
with embroidery around top and
bottom with side slits of about
18 inches from the lower hem and
with traditional Bangladeshi hand
embroidery or hand batik
printing.
Panjabi This is a men's and boys' shirt
type garment made from cotton or
man-made fabric, plain or
colored, hand embroidered, or
printed, or batik decorated, or
batik printed, without collar and
with half or full sleeve, with
partial front opening with or
without buttons. The tails extend
from finger tip to knee. This is
a typical Muslim ceremonial dress
of Bangladeshi men and boys and
has been used from ancient times
for Muslim festivals.
Bell-Sleeve Evening Blouse A women's garment traditionally
used by Bangladeshi women and
girls for covering upper part of
the body and traditionally worn
under a sari, made from cotton or
man-made fabric, patterned or
plain, embroidered or printed. A
short, tight fitting blouse
ending above the waist with
untapered half sleeve without
collar. This is a women's
folklore blouse, having a long
Bangladeshi tradition.
Salwar Plain or designed or printed,
loose fitting trousers secured
with drawstring or hooks with
legs that are straight or baggy
with extra fullness at the thighs
made from cotton or man-made
fiber fabrics, traditionally worn
with kameez. Must be imported
with a kameez, and, if for women
or girls, with a dopatta.
Kameez Long tunic, untapered, plain or
printed or embroidered, half,
three quarter, or full sleeve,
made from cotton or man-made
fiber fabric traditionally worn
with salwar with length down to
knee level, with partial opening
with button in front or back.
Must be imported with a sawlar,
and, if for women or girls, with
a dopatta.
Dopatta A long scarf measuring from 72 to
120 inches long and 36 to 40
inches wide traditionally worn by
Muslim women or girls in
Bangladesh with salwar and
kameez. Must be imported with a
salwar and kameez.
Lungi A traditional garment worn as
outerwear from waist-down to
ankle, 45 to 50 inches in width
and having a circumference of 70
to 80 inches, in tubular form,
made from cotton or man-made
fiber fabric.
[[Page 71120]]
Borka A loose overall, two piece garment
dress, ankle length, with hood
portion containing veil for
covering face worn by Muslim
women and girls of Bangladesh
when going out of the house. Made
from cotton or man-made fiber of
a solid color, with a full front
opening with buttons.
Kurta A men's or boys' shirt type
garment similar to a panjabi, of
mid-thigh length of cotton or man-
made fiber fabric, with no collar
or a one inch stand up collar,
with full or half sleeves, with a
partial front opening with or
without buttons.
Batwa Small drawstring pouches used by
women and girls for carrying
betel nut and small personal
things. Printed or hand
embroidered.
Nakshi Kantha Traditional hand stitched,
extensively hand embroidered,
wall hanging with a design
depicting rural life or folklore
motifs made from cotton, silk, or
man-made fibers.
Batik Wall Hangings Cut pieces of cotton, silk, or man-
made fiber fabric that have been
printed using the batik process.
[FR Doc. 99-32797 Filed 12-17-99; 8:45 am]
BILLING CODE 3510-DR-F
