[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50239-50240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24012]
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DEPARTMENT OF THE TREASURY
Customs Service
List of Foreign Entities Violating Textile Transshipment and
Country of Origin Rules
AGENCY: Customs Service, Department of the Treasury.
ACTION: General notice.
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SUMMARY: This document notifies the public of foreign entities
identified by Customs as having violated the textile transshipment
rules. This list is authorized to be published by section 333 of the
Uruguay Round Agreements Act.
FOR FURTHER INFORMATION CONTACT: For information regarding any of the
operational aspects, contact Michael Compeau, Branch Chief, Seizures
and Penalties Division, at 202-927-0762. For information regarding any
of the legal aspects, contact Lars-Erik Hjelm, Office of Chief Counsel,
at 202-927-6900.
SUPPLEMENTARY INFORMATION:
Background
Section 333 of the Uruguay Round Agreements Act (URAA)(Public Law
103-465, 108 Stat. 4809)(signed December 12, 1994), entitled Textile
Transshipments, amended Part V of title IV of the Tariff Act of 1930 by
creating a new section 592A (19 U.S.C. 1592A), which authorizes the
Secretary of the Treasury to publish in the Federal Register, on a
biannual basis, a list of the names of any producers, manufacturers,
suppliers, sellers, exporters, or other persons located outside the
Customs territory of the United States, when these entities have been
issued a penalty claim under section 592 of the Tariff Act, for certain
violations of the customs laws, provided that certain conditions are
satisfied.
The violations of the Customs laws referred to above are the
following: (1) Using documentation, or providing documentation
subsequently used by the importer of record, which indicates a false or
fraudulent country of origin or source of textile or apparel products;
(2) Using counterfeit visas, licenses, permits, bills of lading, or
similar documentation, or providing counterfeit visas, licenses,
permits, bills of lading, or similar documentation that is subsequently
used by the importer of record, with respect to the entry into the
customs territory of the United States of textile or apparel products;
(3) Manufacturing, producing, supplying, or selling textile or apparel
products which are falsely or fraudulently labelled as to country of
origin or source; and (4) Engaging in practices which aid or abet the
transshipment, through a country other than the country of origin, of
textile or apparel products in a manner which conceals the true origin
of the textile or apparel products or permits the evasion of quotas on,
or voluntary restraint agreements with respect to, imports of textile
or apparel products.
If a penalty claim has been issued with respect to any of the above
violations, and no petition in response to the claim has been filed,
the name of the party to whom the penalty claim was issued will appear
on the list. If a petition, supplemental petition or second
supplemental petition for relief from the penalty claim is submitted
under 19 U.S.C. 1618, in accord with the time periods established by
sections 171.32 and 171.33, Customs Regulations (19 CFR 171.32, 171.33)
and the petition is subsequently denied or the penalty is mitigated,
and no further petition, if allowed, is received within 30 days of the
denial or allowance of mitigation, then the administrative action shall
be deemed to be final and administrative remedies will be deemed to be
exhausted. Consequently, the name of the party to whom the penalty
claim was issued will appear on the list. However, provision is made
for an appeal to the Secretary of the Treasury by the violator named on
the list, for the removal of its name from the list. If the Secretary
finds that such person or entity has not committed any of the
enumerated violations for a period of not less than 3 years after the
date on which the person or entity's name was published, the name will
be removed from the list as of the next publication of the list.
Reasonable Care Required
New section 592A also requires any importer of record entering,
introducing, or attempting to introduce into the commerce of the United
States textile or apparel products that were either directly or
indirectly produced, manufactured, supplied, sold, exported, or
transported by such named person to show, to the satisfaction of the
Secretary, that such importer has exercised reasonable care to ensure
that the textile or apparel products are accompanied by documentation,
packaging, and labelling that are accurate as to its origin. Reliance
solely upon information regarding the imported product from a person
named on the list is clearly not the exercise of reasonable care. Thus,
the textile and apparel importers who have some tangential relationship
with one or more of the listed parties must exercise a degree of
reasonable care in ensuring that the documentation covering the
imported merchandise, as well as its packaging and labelling, is
accurate as to the country of origin of the merchandise. This degree of
reasonable care must rely on more than information supplied by the
named party.
In meeting the reasonable care standard when importing textile or
apparel products and when dealing with a party named on the list
published pursuant to new section 592A of the Tariff Act of 1930, an
importer should consider the following questions in attempting to
ensure that the documentation, packaging, and labelling is accurate as
to the country of origin of the imported merchandise. The list of
questions is not exhaustive but is illustrative.
(1) Has the importer had a prior relationship with the named party?
(2) Has the importer had any detentions and/or seizures of textile
or apparel products that were directly or indirectly produced,
supplied, or transported by the named party?
(3) Has the importer visited the company's premises and ascertained
that the company has the capacity to produce the merchandise?
(4) Where a claim of substantial transformation is made, has the
importer ascertained that the named party actually substantially
transforms the merchandise?
(5) Is the named party operating from the same country as is
represented by that party on the documentation, packaging or labelling?
(6) Have quotas for the imported merchandise closed or are they
nearing closing from the main producer countries for this commodity?
(7) What is the history of this country regarding this commodity?
(8) Have you asked questions of your supplier regarding the origin
of the product?
(9) Where the importation is accompanied by a visa, permit, or
license, has the importer verified with the supplier or manufacturer
that the
[[Page 50240]]
visa, permit, and/or license is both valid and accurate as to its
origin? Has the importer scrutinized the visa, permit or license as to
any irregularities that would call its authenticity into question?
The new law authorizes a biannual publication of the names of the
foreign violators. In the first publication which covered the period
ending on March 31, 1995, a Federal Register notice published on April
3, 1995 (60 FR 16917) notified the public that no foreign entity fell
within the purview of the new law within the period from the enactment
of the new law on December 12, 1994 to the March 31, 1995 first
publication date. Accordingly, no list was published for the period
ending March 31, 1995.
592A List
For the period ending September 30, 1995, Customs has identified 9
(nine) foreign entities that fall within the purview of new section
592A of the Tariff Act of 1930. These parties were assessed a penalty
claim under 19 U.S.C. 1592, for one or more of the four above-described
violations. The administrative penalty action was concluded against the
parties by one of the actions noted above as having terminated the
administrative process.
The names and addresses of the 9 foreign parties are as follows:
Beijing Garments Import & Export, No. 22 Fu Wai Street, Beijing, China.
China Artex Corporation Guandong Company, 119 (2nd Building) Liuhua
Road, Guangshou, China.
China National Silk, Shangdong Branch, Silk Building, Zhan Liu Gan
Road, Qingdao, China.
Cotton Breeze International, 13/1578 Govindpuri, New Delhi, India.
Hangzhou Tongda Textile Group, Room 918, Hangzhou Mansion, No. 1 Wulin
Square, Hangzhou, China.
Hebei Garment I/E Corporation, 8 Jichang Road, Shijazhuang, China.
Poshak International, H-83 South Extension, Part-I (Back Side), New
Delhi, India.
Shangdong Silk, Silk Building, Zhan Liu Gan Road, Qingdao, China.
United Fashions, C-7 Rajouri Garden, New Delhi, India.
Any of the above parties may petition to have its name removed from
the list. Such petitions, to include any documentation that the
petitioner deems pertinent to the petition, should be forwarded to the
Assistant Commissioner, Office of Field Operations, United States
Customs Service, 1301 Constitution Avenue, Washington, D.C. 20229.
Additional Foreign Entities
Customs is soliciting information regarding the whereabouts of the
following 40 foreign entities concerning alleged violations of section
592A. Their name and last known address are listed below:
Bahadur International, 250 Naraw Industrial Area, New Delhi, India.
Madan Exports, E-106 Krishna Nagar, New Delhi, India.
Gulnar Fashion Export, 14 Hari Nagar, Ashram, New Delhi, India.
Janardhan Exports, E-106 Krishna Nagar, New Delhi, India.
Morrin International, E-106 Krishna Nagar, New Delhi, India.
Jai Arjun Mfg., Co., B 4/40 Paschim,Vihar, New Delhi, India.
Eroz Fashions, 535 Tuglakabad Extension, New Delhi, India.
China Tiancheng Corp.,191 Changle, Shanghai, China.
China Artex Corp. Beijing Arts, 132-16 Changan Avenue, Beijing, China.
Shenzhen Long Gang Ji Chuen, Shenzhen, Long Gang Zhen, China.
Traffic, D1/180 Lajpat Nagar, New Delhi, India.
Raj Connections, E-106 Krishna Nagar, Delhi, India.
Bao An Wing Shing Garment Factory, Ado Shi Qu, Bao An Shen Zhen, China.
Guidetex Garment Factory, 12 Qian Jin Dong Jie, Yao Tai Xian Yuan Li,
Canton, China.
Dechang Garment Factory, Shantou S.E.Z., Cheng Hai, Cheng Shing, China.
Guangdong Provincial Improved, 60 Ren Min Road, Guangdong, China.
Kin Cheong Garment Factory, No. 13 Shantan Street, Sikou Country,
Taishan, Kwangtong, China.
Gold Tube Ltd., No. 55 Hung To Road, Kwun Tong, Kowloon, Hong Kong.
Sam Hing Bags Factory, Ltd., #35 Tai Ping West Road, Jiu Jaing,
Ghangdong, China.
Luen Kong Handbag Factory, 33 Nanyuan Road, Shenzhen, Guangdong, China.
NH Industries Ltd., 1507-8A Nan Fung Centre, 264-298 Castle Peak Road,
Kowloon, Hong Kong.
Daiphi Enterprise Co. Ltd., 1/FL., No. 6-2, Lane 78 Sung Chiang Rd.,
Taipei, Taiwan.
Changping High Stage Knitting, Yuan Jing Yuan, Chau Li Qu Chang,
Guandong, China.
Arsian Company Ltd, XII Khorcolo, Waanbaatar, Mongolia.
Kin Fung Knitting Factory, Block A&B, 4th Flr Por Mee Bldg., 500 Casle
Peak Rd., Kowloon, Hong Kong.
Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah, Malaysia.
Domincan Do Sung Textile Co., Zona Franca Industrial, Bonca, Dominican
Republic.
Crown Garments Factory Sdn Bhd, Lot 112, Jalan Kencana, Bagan Ajam,
Malaysia.
Glee Dragon Garment Mfg. Ltd., 328 Castle Peak Rd., Room G 10Fl, Tsuen
Kam Centre, Kowloon, Hong Kong.
Jentex Industrial Co., Ltd., P.O. Box 9-129, Rm 7-1, No. 246, Sec. 2,
Chand-An Rd., Taipei, Taiwan.
Richman Garment Manufacturing Co., Ltd., 7th Fl, Singapore Industrial
Bldg., 338 Kwun Tong Road, Kowloon, Hong Kong.
Herrel Company, 64 Rowell Road, Suva, Fiji.
Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat Street, Kowloon, Hong
Kong.
Hambridge Ltd., 9 Fl., Lladro Building 72-80, Hoi Yuen Road, Kwun Tong,
Kowloon, Hong Kong.
Kingston Garment Ltd., Lot 42-44 Caracas Dr., Kingston, Jamaica.
Moderntex International Inc., 3941, Kowloon, Hong Kong.
Poltex Sdn, 8 Jalan Serdang, Kedah, Malaysia.
Sam Hing International Enterprise, 5 Guernsey St., Guilford NSW,
Australia.
Societe Prospere De Vetements S.A., Lome, Togo.
Yueh Wah Trading Co., Ltd., 6 Lane 299 Chung Cheng Road, Taipei,
Taiwan.
If you have any information as to a correct mailing address for any
of the above 40 firms, please send that information to: Assistant
Commissioner, Office of Field Operations, United States Customs
Service, 1301 Constitution Avenue, Washington, D.C. 20229.
Dated: September 22, 1995.
Samuel H. Banks,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 95-24012 Filed 9-27-95; 8:45 am]
BILLING CODE 4820-02-P
