[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]


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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.

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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States for consumption, or withdrawn from warehouse for consumption, 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