[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Notices]
[Pages 1564-1565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-746]



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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of a New Export Visa Arrangement for Certain 
Cotton, Wool and Man-Made Fiber Textile Products Produced or 
Manufactured in Poland

January 16, 1996.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs establishing 
export visa requirements.

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EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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 Poland agreed to establish 
a new Export Visa Arrangement for certain cotton, wool and man-made 
fiber textile products, produced or manufactured in Poland and exported 
from Poland on and after January 1, 1996. Goods exported during the 
period January 1, 1996 through January 31, 1996 shall not be denied 
entry for lack of a visa. All goods exported after January 31, 1996 
must be accompanied by an appropriate export visa.
    In the letter published below, the Chairman of CITA directs the 
Commissioner of Customs to prohibit entry of certain textile products, 
produced or manufactured in Poland and exported from Poland for which 
the Government of Poland has not issued an appropriate export visa.
    A facsimile of export visa stamp is on file at the U.S. Department 
of Commerce in Room 3100.
    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 60 FR 65299, published on December 19, 1995).
    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for consumption, or withdrawn from warehouse for consumption, will meet 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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements
January 16, 1996.

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 a 
Memorandum of Understanding dated November 21, 1995 between the 
Governments of the United States and Poland; and in accordance with 
the provisions of Executive Order 11651 of March 3, 1972, as 
amended, you are directed to prohibit, effective on January 22, 
1996, 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 and man-made fiber textile products in 
Categories 335, 338/339, 410, 433, 434, 435, 443, 611 and 645/646, 
produced or manufactured in Poland and exported from Poland on and 
after January 1, 1996 for which the Government of Poland has not 
issued an appropriate export visa fully described below. Should 
merged categories or part categories become subject to import quota 
the merged or part category(s) automatically shall be included in 
the coverage of this arrangement. Merchandise in the merged or part 
category(s) exported on or after the date the merged or part 
category(s) becomes subject to import quotas shall require a visa. 
Goods exported during the period January 1, 1996 through January 31, 
1996 shall not be denied entry for lack of an export 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 commercial invoice or 
successor document. 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 Poland is ``PL''), and a six 
digit numerical serial number identifying the shipment; e.g., 
6PL123456.
    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 and the 
printed name of the issuing official of the Government of Poland.

[[Page 1565]]

    4. The correct category(s), merged category(s), part 
category(s), quantity(s) and unit(s) of quantity of 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 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 338/339 may be visaed as 338/339 or if the 
shipment consists solely of 338 merchandise, the shipment may be 
visaed as ``Cat. 338,'' but not as ``Cat. 339''). If, however, a 
merged quota category such as 338/339 has a quota sublimit on 
Category 338, then there must be a ``Category 338'' visa for the 
shipment if it includes Category 338 merchandise.
    U.S. Customs shall not permit entry if the shipment does not 
have a visa, or if the visa number, date of issuance, signature, 
printed name of the signer, 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.
    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 the visa is not acceptable then a new correct visa or a visa 
waiver must be presented to the U.S. Customs Service before any 
portion of the shipment will be released. A visa waiver may be 
issued by the U.S. Department of Commerce at the request of the 
Embassy of Poland in Washington, DC, for the Government of Poland. 
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 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 Poland 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.
    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 an export 
visa for entry and shall not be charged to existing quota levels.
    A facsimile of the visa stamp is enclosed.
    The actions taken concerning the Government of Poland 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,
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 96-746 Filed 1-19-96; 8:45 am]
BILLING CODE 3510-DR-F