[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Pages 18758-18760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9886]
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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 Malaysia
April 11, 1997.
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: May 1, 1997.
FOR FURTHER INFORMATION CONTACT: Ross Arnold, 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); Uruguay Round Agreements Act.
In exchange of notes, the Governments of the United States and
Malaysia agreed to amend the existing visa arrangement for textile
products, produced or manufactured in Malaysia and exported on and
after May 1, 1997. The amended arrangement consolidates existing and
new provisions of the export visa arrangement, including provisions for
the Electronic Visa Information System (ELVIS). In addition to the
ELVIS requirements, shipments will continue to be accompanied by an
original visa stamped on the front of the original commercial invoice
issued by the Government of Malaysia. Goods which currently require an
exempt certificate shall not require an ELVIS transmission, but will
continue to require the exempt certificate.
In the letter published below, the Chairman of CITA directs the
Commissioner of Customs to amend the existing visa requirements for
textile products produced or manufactured in Malaysia and exported on
and after May 1, 1997.
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 61 FR 66263, published on December 17, 1996). Also see
52 FR 32158, published on August 26, 1987.
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 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
April 11, 1997.
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 August 20, 1987, as amended, by the
Chairman, Committee for the Implementation of Textile Agreements,
that 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 Malaysia for which the
Government of Malaysia has not issued an appropriate export visa or
exempt certification.
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
Agreements Act, the Uruguay Round Agreement on Textiles and Clothing
(ATC) and the Export Visa Arrangement, effected by exchange of notes
between the Governments of the United States and Malaysia; and in
accordance with the provisions of Executive Order 11651 of March 3,
1972, as amended, you are directed to prohibit, effective on May 1,
1997, 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 831-859, including part categories and
merged categories (see Annex A), produced or manufactured in
Malaysia and exported on and after May 1, 1997 for which the
Government of Malaysia has not issued an appropriate export visa,
exempt certification or Electronic Visa Information System (ELVIS)
transmission fully described below. Shipments covering merchandise
in Categories 800-810 and 863-899 do not require a visa. Should
additional categories, part categories or merged categories become
subject to import quota 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 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 numeric 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 Malaysia is ``MY''), and a six
digit numerical serial number identifying the shipment; e.g.,
7MY123456.
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 Malaysia.
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 and in the
Harmonized Tariff Schedule of the United States, annotated, 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
(e.g., Categories 347/348 may be visaed as 347/348 or if the
shipment consists solely of Category 347 merchandise, the shipment
may be visaed as ``Category 347,'' but not as ``Category 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 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
[[Page 18759]]
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 must be obtained
from the Malaysian Government or a visa waiver may be issued by the
U.S. Department of Commerce at the request of the Government of
Malaysia 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 for use in obtaining a new
correct original visaed invoice, or a visa waiver.
If a shipment from Malaysia 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, the shipment
will be charged to the correct category limit whether or not a
replacement visa or waiver is provided.
ELVIS Requirements:
A. Each ELVIS message will include the following information:
I. 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 country code specified by the International Organization for
Standardization (ISO) (the code for Malaysia is ``MY''), and a six
digit numerical serial number identifying the shipment; e.g.,
7MY123456.
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), 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 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 code.
B. Entry of a shipment shall not be permitted:
I. if an ELVIS transmission has not been received for the
shipment from the country of origin;
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 or the Customs Broker
acting as an agent on behalf of 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 cancelled, except when an entry has
already been made using the visa number.
C. A new, correct ELVIS transmission from the country of origin
is required before a shipment that has been denied entry for one of
the circumstances mentioned in paragraph B.I-V will be released.
Visa waivers will only be considered for legitimate classification
purposes, or for paragraph B.I-V if the shipment qualifies as a one-
time special purpose shipment that is not part of an ongoing
commercial enterprise.
D. A new, correct ELVIS transmission from the country of origin
is required for entries made using a visa waiver under the
procedures as previously described.
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.
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 Malaysia has been 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 cannot be 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.
Exempt certification requirements:
Shipments of certified hand printed batik, defined as fabric to
which the design has been applied by hand in units of the Malaysian
cottage industry, shall be exempt from the quota levels if they are
certified prior to leaving Malaysia, 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.
Textiles and textile articles provided for in the exempt
certification system are exempt from the levels of restraint, and
visa and ELVIS requirements if they are properly certified, prior to
the shipment leaving Malaysia.
Each certification stamp shall 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. hand printed batik
b. the name of the particular traditional folklore handicraft
product (Malaysian item) as cited in a list to be agreed upon by the
Government of the United States and Malaysia.
Should a shipment be exported from Malaysia 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 will not
be accepted and entry shall not be permitted until a replacement
certification is issued.
Should a shipment be exported from Malaysia without an exempt
certification being issued prior to the date of exportation or if
the merchandise does not qualify for the exemption, then an exempt
certification will not be accepted and entry shall not be permitted.
In such a case, a visa or a visa waiver must be obtained, and an
ELVIS transmission sent, prior to release of any portion of the
shipment. If quotas are in force, the shipment will be charged to
the apropriate quota level.
Other Provisions.
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,
exempt certification, or ELVIS transmission for entry and shall not
be charged to agreement levels, if applicable.
Any shipment which is not accompanied by a valid and correct
visa with an 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
Malaysia authorizes the entry and any charges to the agreement
levels.
The visa and certification stamps remain unchanged.
The actions taken concerning the Government of Malaysia 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.
[[Page 18760]]
Sincerely,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
Annex A
Part Categories
438-W Women's and girls' knit shirts and
blouses: only HTS numbers
6104.21.0060, 6104.23.0020,
6104.29.2051, 6106.20.1010,
6106.20.1020, 6106.90.1010,
6106.90.1020, 6106.90.2520,
6106.90.3020, 6109.90.1540,
6109.90.8020, 6110.10.2080,
6110.30.1560, 6110.90.9074 and
6114.10.0040.
438-O Men's and boys' knit shirts: only
HTS numbers 6103.21.0050,
6103.23.0025, 6105.20.1000,
6105.90.1000, 6105.90.8020,
6109.90.1520, 6110.10.2070,
6110.30.1550, 6110.90.9072,
6114.10.0020 and 6117.90.9025.
647-K Men's and boys trousers, breeches
and shorts: only HTS numbers
6103.23.0040, 6103.23.0045,
6103.29.1020, 6103.29.1030,
6103.43.1520, 6103.43.1540,
6103.43.1550, 6103.43.1570,
6103.49.1020, 6103.49.1060,
6103.49.8014, 6112.12.0050,
6112.19.1050, 6112.20.1060 and
6113.00.9044.
648-K Women's and girls' trousers,
breeches and shorts: only HTS
numbers 6104.23.0032,
6104.23.0034, 6104.29.1030,
6104.29.1040, 6104.29.2038,
6104.63.2006, 6104.63.2011,
6104.63.2026, 6104.63.2028,
6104.63.2030, 6104.63.2060,
6104.69.2030, 6104.69.2060,
6104.69.8026, 6112.12.0060,
6112.19.1060, 6112.20.1070,
6113.00.9052 and 6117.90.9070.
Merged Categories and Subcategories
300/301
331/631
333/334/335/835 (Subcategories 335, 835)
336/636
338/339
340/640
341/641 (Subcategory 341)
342/642/842
347/348
350/650
351/651
445/446
613/614/615/617
634/635
638/639
645/646
647/648
[FR Doc. 97-9886 Filed 4-16-97; 8:45 am]
BILLING CODE 3510-DR-F
