[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16711]
[[Page Unknown]]
[Federal Register: July 11, 1994]
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Establishment of a New Export Visa Arrangement for Silk Apparel
Produced or Manufactured in the People's Republic of China
July 5, 1994.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Issuing a directive to the Commissioner of Customs establishing
export visa requirements for silk apparel.
-----------------------------------------------------------------------
EFFECTIVE DATE: July 15, 1994.
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).
The Governments of the United States and the People's Republic of
China reached agreement, effected by exchange of notes dated June 23,
1994 and June 27, 1994, to establish an export visa arrangement for
certain silk apparel products, produced or manufactured in China and
exported from China on and after July 15, 1994. Goods exported during
the period July 15, 1994 through August 15, 1994 shall not be denied
entry for lack of a visa. All goods exported after August 15, 1994 must
be accompanied by a visa.
A description of the apparel categories in terms of HTS numbers is
available in the 1994 U.S. CORRELATION: Silk Apparel Categories with
the Harmonized Tariff Schedule of the United States (see Federal
Register notice 59 FR 15381, published on April 1, 1994).
Interested persons are advised to take all necessary steps to
ensure that such silk apparel 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States for consumption, or withdrawn from warehouse for consumption,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.
Rita D. Hayes,
Chairman, Committee for the Implementation of Textile Agreements.
Committee for the Implementation of Textile Agreements
July 5, 1994.
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); pursuant to
the Silk Visa Arrangement, effected by exchange of notes dated June
23, 1994 and June 27, 1994, between the Governments of the United
States and the People's Republic of China; and in accordance with
the provisions of Executive Order 11651 of March 3, 1972, as
amended, you are directed to prohibit, effective on July 15, 1994,
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 silk apparel products in Categories 733-736, 738-748, 750-752,
758 and 759, produced or manufactured in China and exported from
China on and after July 15, 1994 for which the Government of the
People's Republic of China has not issued an appropriate export visa
fully described below. Should additional categories, merged
categories or part categories be added to the bilateral agreement or
become subject to import quotas, the entire category(s) or part
category(s) shall be included in the coverage of this arrangement on
an agreed effective date. Goods exported during the period July 15,
1994 through August 15, 1994 shall not be denied entry for lack of a
visa.
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 export license/
commercial invoice or successor document. The license will be
printed on a purple guilloche pattern background. 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 China is ``CN''), and a six digit
numerical serial number identifying the shipment; e.g., 4CN123456.
2. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued.
3. The 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 and in the
Harmonized Tariff Schedule of the United States (HTS or successor
documents) 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 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 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 must be obtained
from the Government of the People's Republic of China, replacement
visa issued by the Embassy of the People's Republic of China in
Washington, D.C., or a visa waiver may be issued by the Committee
for the Implementation of Textile Agreements at the request of the
Embassy of the People's Republic of China in Washington, D.C., 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.
The replacement visa shall consist of a Textile Export Visa/
Invoice form bearing an official Chinese Embassy embossed stamp on
the front and include the standard information required on an export
visa and the signature of an official authorized by the Government
of the People's Republic of China to issue replacement visas. The
signature must match one of two original signatures of authorized
officials provided to the Government of the United States by the
Government of the People's Republic of China. U.S. Customs shall not
permit entry of the shipment if any of the information required on
the replacement visa is missing, incorrect or illegible, or has been
crossed out or altered in any way.
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 the People's Republic of China 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.
The complete name and address of a company actually involved in
the manufacturing process of the textile product covered by the visa
shall be provided on the textile visa document.
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
for entry.
The visa stamp remains unchanged.
The actions taken concerning the Government of the People's
Republic of China 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,
Rita D. Hayes,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 94-16711 Filed 7-8-94; 8:45 am]
BILLING CODE 3510-DR-F
