[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Notices]
[Pages 43993-43995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21784]
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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 the Philippines
August 12, 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: September 1, 1997.
FOR FURTHER INFORMATION CONTACT: Lori Mennitt, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-3400.
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 exchange of notes dated December 18, 1996, July 9, 1997, and
July 23, 1997, the Governments of the United States and the Philippines
agreed to amend the existing visa arrangement for cotton, wool, man-
made fiber, silk blend and other vegetable fiber textiles and textile
products, produced or manufactured in the Philippines and exported on
and after September 1, 1997. The amended arrangement consolidates
existing provisions and new 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 the Philippines.
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 the Philippines and
exported on and after September 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 62 FR 66263, published on December 17, 1996). Also see
52 FR 11308, published on April 8, 1987.
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
August 12, 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 April 3, 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 the Philippines for
which the Government of the Philippines has not issued an
appropriate export visa or exempt certificate.
Under the terms of section 204 of the Agricultural Act of 1956,
as amended (7 U.S.C. 1854); pursuant to a the Export Visa
Arrangement, effected by exchange of notes dated December 18, 1996,
July 9, 1997, and July 23, 1997, between the Governments of the
United States and the Philippines; and in accordance with the
provisions of Executive Order 11651 of March 3, 1972, as amended,
you are directed to prohibit, effective on September 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 300-369, 400-469,
600-670 and 831-859, including part categories and merged categories
(but not Categories 355, 356, 655, 656, 455, 371 and 671), and which
are not eligible for exemptions noted in the Exempt Certification
Requirements below (also provided for in Annex A attached), produced
or manufactured in the Philippines and exported on and after
September 1, 1997 for which the Government of the Philippines has
not issued an appropriate export visa and Electronic Visa
Information System (ELVIS) transmission fully described below.
Shipments covering merchandise in Categories 800-810 and 863-899 do
not require a visa. However, should additional categories, merged
categories or part categories be added to or changed in the
Bilateral Agreement or become subject to import quotas, the entire
category or categories shall be automatically included in the
coverage of the Visa Arrangement. Merchandise exported on or after
the date the category is added to or changed in the Agreement, or
becomes subject to import quotas, shall require a visa and ELVIS
transmission.
[[Page 43994]]
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 digits and letters, 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 the Philippines is ``PH''), and
a six digit numeric serial number identifying the shipment; e.g.,
7PH123456.
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 Philippines.
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 the U.S. Department of
Commerce Correlation and in the U.S. Harmonized Tariff Schedules of
the United States Annotated (HTS), e.g., ``Cat. 340-510 DZ.'' Annex
B lists all the part-category and merge category visas required for
entry.
Quantities must be stated in whole numbers. Decimals or
fractions will not be accepted. Products covered by merged category
quotas must be accompanied by either a merged category visa or the
correct category visa corresponding to the actual shipment (e.g.,
quota Category 333/334 may be visaed as ``Category 333/334'' or if
the shipment consists solely of Category 333 merchandise, the
shipment may be visaed as ``Category 333,'' but not as ``Category
334'').
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 the Philippine Government or a visa waiver issued by the
U.S. Department of Commerce at the request of the Philippine
Government and presented to the U.S. Customs Service before any
portion of the shipment will be released. A visa waiver may be
issued by the Department of Commerce at the request of the Embassy
in Washington for the Government of the Philippines. The waiver, if
used, only waives the requirement to present a visa at entry. It
does not waive any quota requirements. 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 or attempted
entry, but will provide the importer a certified copy of that visaed
invoice for use in obtaining a new correct original visaed invoice
or a visa waiver.
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.
If a shipment from the Philippines 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 visa 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 digits and letters, 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 the Philippines is ``PH''), and
a six digit numeric serial number identifying the shipment; e.g.,
7PH123456.
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 of the shipment in
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 manufacturer ID number (MID). The MID shall begin with
``PH,'' 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 the Philippines;
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; or,
v. if the visa number has previously been used, or canceled,
except in the case of a split shipment or if any 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 B.i-v will be released.
D. A new, correct ELVIS transmission from the country of origin
is required for entries made using a visa waiver under the procedure
described above. Visa waivers will only be considered for
classification purposes or for one time special purpose shipment
that is not part of an ongoing commercial enterprise or for
legitimate classification disputes.
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 the Philippines 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 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.
G. The U.S. Customs Service will provide Philippine authorities
with a report containing information on visa utilization that can be
accessed at any time. This report will contain:
a. visa number
b. category number
c. quantity charged to quota
d. unit of measurement
e. entry number
f. entry line number.
Exempt Certification Requirements:
A. Textiles and textile articles provided for below, and in
Annex A attached, will be exempt from levels of restraint quotas,
and visa and ELVIS requirements if they are certified, prior to the
shipment leaving the Philippines, 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. Handwoven and Handloomed Fabrics of the Cottage Industry
2. Handmade Articles and Garments of Handwoven and Handloomed
Fabric: All items must be cut, sewn, or otherwise fabricated by hand
in order to qualify for this exemption. They may not include machine
stitching.
3. Traditional Folklore Handicraft Products: Only products which
fall within the definition of ``Philippine Items'' in Annex A
attached, qualify for this exemption provided that they are cut,
sewn, or otherwise fabricated by hand. They may not include machine
stitching.
[[Page 43995]]
B. requirements for Exempt Certification Stamp: Each exempt
certification stamp will include the following information:
I. Date of issuance.
II. Signature of issuing official.
III. The basis for the exemption shall be noted as:
a. Handwoven fabric or handloomed fabric (whichever is
appropriate).
b. Handmade textile products.
c. The name of the particular traditional folklore handicraft
product (Philippine Items) as listed in Annex A attached, e.g.,
``Banaue cloth.''
Shipments not requiring visas 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 at U.S. $250 or less do not require a visa,
ELVIS transmission or exempt certification for entry and shall not
be charged to Agreement levels.
Other Provisions:
Except as provided in the paragraph above, any shipment which
requires a visa but which is not accompanied by a valid and correct
visa and ELVIS transmission in accordance with the foregoing
provisions, shall be denied entry by the Government of the United
States of America unless the Government of the Philippines
authorizes the entry and any charges to the Agreement levels.
An invoice may cover visaed merchandise or exempt certification
merchandise, but not both.
The visa and exempt certification stamps remains unchanged.
The actions taken concerning the Government of the Philippines
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
Philippine Items
Philippine Traditional Folklore Handicraft Textile Products
Philippine items are traditional Philippine 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:
A. Batik and hablon fabrics--hand woven fabrics of the cottage industry.
B. Banaue cloth--cotton handloom fabric in multi-colors.
C. Other hand woven and handloom fabrics of the cottage industry.
D. Articles and garments made by hand from hand woven and hand loomed
fabrics.
Annex B
Merged Categories
331/631
333/334
338/339
340/640
341/641
342/642
347/348
351/651
352/652
359-C/659-C
359-O/659-O
445/446
638/639
645/646
647/648
Part Categories
359-C Cotton overalls and coveralls: only
HTS numbers 6103.42.2025,
6103.49.8034, 6104.62.1020,
6104.69.8010, 6114.20.0048,
6114.20.0052, 6203.42.2010,
6203.42.2090, 6204.62.2010,
6211.32.0010, 6211.32.0025 and
6211.42.0010.
359-O Other: all HTS numbers except those
in Category 359-C.
369-S Swimwear: only HTS number
6307.10.2005.
369-O Other: all HTS numbers except those
in Category 369-S.
659-C Man-made fiber overalls and
coveralls: only HTS numbers
6103.23.0055, 6103.43.2020,
6103.43.2025, 6103.49.2000,
6103.49.8038, 6104.63.1020,
6104.63.1030, 6104.69.1000,
6104.69.8014, 6114.30.3044,
6114.30.3054, 6203.43.2010,
6203.43.2090, 6203.49.1010,
6203.49.1090, 6204.63.1510,
6204.69.1010, 6210.10.9010,
6211.33.0010, 6211.33.0017 and
6211.43.0010.
659-H Hats: only HTS numbers
6502.00.9030, 6504.00.9015,
6504.00.9060, 6505.90.5090,
6505.90.6090, 6505.90.7090 and
6505.90.8090.
659-O Other: all HTS numbers except those
in Categories 659-C and 659-H.
669-P Poly bags: only HTS numbers
6305.32.0010, 6305.32.0020,
6305.33.0010, 6305.33.0020 and
6305.39.0000.
669-O Other: all HTS numbers except those
in Category 669-P.
670-L Luggage: only HTS numbers
4202.12.8030, 4202.12.8070,
4202.92.3020, 4202.92.3030 and
4202.92.9025.
670-O Other: all HTS numbers except those
in Category 670-L.
[FR Doc. 97-21784 Filed 8-15-97; 8:45 am]
BILLING CODE 3510-DR-F
