[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Notices]
[Pages 38236-38237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18668]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


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

July 18, 1996.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

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

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EFFECTIVE DATE: August 1, 1996.

FOR FURTHER INFORMATION CONTACT: Jennifer Aldrich, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482094212.

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).

    On June 25, 1996 the Governments of the United States and the 
Republic of Honduras signed an agreement to establish a new export visa 
arrangement and certification requirements for certain cotton, wool and 
man-made fiber textile products, produced or manufactured in Honduras 
and exported from Honduras on and after August 1, 1996.
    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 Honduras and exported from Honduras for 
which the Government of the Republic of Honduras has not issued an 
appropriate export visa or certificate.
    Facsimiles of export visa and certification stamps are 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).
    Requirements for participation in the Special Access Program are 
available in Federal Register notices 51 FR 21208, published on June 
11, 1986; 52 FR 26057, published on July 10, 1987; and 54 FR 50425, 
published on December 6, 1989. Also see 41 FR 30707, published on July 
26, 1976.
    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 and certification 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
July 18, 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 
the Export Visa Arrangement dated June 25, 1996 between the 
Governments of the United States and the Republic of Honduras; and 
in accordance with the provisions of Executive Order 11651 of March 
3, 1972, as amended, you are directed to prohibit, effective on 
August 1, 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 352, 652 and 435, including merged and part 
categories, produced or manufactured in Honduras and exported from 
Honduras on and after July 15, 1996 for which the Government of the 
Republic of Honduras has not issued an appropriate export visa fully 
described below. Should additional categories, merged categories or 
part categories become subject to import quota the entire 
category(s) or part category(s) shall be included in the coverage of 
this arrangement. Merchandise exported on or after a mutually agreed 
date shall require a visa specifying the new designation.
    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 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 Honduras is ``HN''). These first 
two codes shall be followed by the number ``1'' and a five-digit 
serial number identifying the shipment, e.g., 6HN112345.
    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 Republic of Honduras.
    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 or 
successor document and in the Harmonized Tariff Schedule of the 
United States Annotated (HTSUSA or successor documents) shall be 
reported in the spaces provided within the visa stamp (e.g., ``Cat. 
35209510 DZ'').
    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 352/652 may be visaed as 352/652 or if the 
shipment consists solely of 352 merchandise, the shipment may be 
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
    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

[[Page 38237]]

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 the actual manufacturer of the 
textile product must be included on the visa document. If a textile 
product has been processed by more than one manufacturer, the 
complete name and address of the last firm to assemble the article 
must be listed on the visa document.
    If the visa is not acceptable then a new visa must be obtained 
from the Government of the Republic of Honduras, or a visa waiver 
may be issued by the U.S. Department of Commerce at the request of 
the Embassy of Honduras in Washington, DC, 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.
    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.
    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 Honduras subject to this arrangement has 
been allowed entry into the commerce of the United States with 
either an incorrect category classification or misstatement of the 
quantity, 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.
    Each shipment of textile products which has been assembled in 
Honduras wholly from components cut in the United States from U.S. 
formed fabric which are subject to the Caribbean Basin Textile 
Special Access Program as set out in the Arrangement shall be so 
certified by the Government of the Republic of Honduras. This 
certification shall be presented to the U.S. Customs Service before 
entry, or withdrawal from warehouse for consumption, into the 
customs territory of the United States (the 50 states and Puerto 
Rico).
    Each shipment shall be certified by the stamping of the original 
rectangular-shaped stamped marking in blue ink on the front of the 
original commercial invoice. The original copy of the invoice with 
the original certification will be required in order to enter the 
shipment into the United States. Duplicate copies of the invoice 
and/or certification may not be used.
    Each certification shall include the following information:
    1. The certification number. The certification number shall be 
nine digits and letters. It shall begin with one digit for the last 
digit of the year of export followed by the two character country 
code for Honduras, which is ``HN.'' These first two codes shall be 
followed by the number ``2'' and a five-digit serial number 
identifying the shipment, e.g., 6HN212345.
    2. The date of issuance. The date of issuance shall be the day, 
month and year in which the visa was issued.
    3. The original signature of the issuing official of the 
Government of the Republic of Honduras.
    4. The correct category(s), merged category(s), part 
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 Harmonized Tariff Schedule of the 
United States Annotated (HTSUSA or successor documents) shall be 
reported in the spaces provided within the visa stamp (e.g., ``Cat. 
352-510 DZ'').
    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 352/652 may be visaed as 352/652 or if the 
shipment consists solely of 352 merchandise, the shipment may be 
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
    U.S. Customs shall not permit entry if the shipment does not 
have a certification 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 certification is less than that of the shipment, 
entry shall not be permitted. If the quantity indicated on the 
certification is more than that of the shipment, entry shall be 
permitted and only the amount entered shall be charged to any 
applicable quota.
    Entry of textile products subject to the certification system 
outlined above into the customs territory of the United States will 
be permitted only for those shipments accompanied by:
    1. A valid certification by the Government of the Republic of 
Honduras.
    2. A completed CBI Export Declaration (U.S. Department of 
Commerce Form ITA09370P or successor document) with a proper 
declaration by the Honduras assembler that the articles were subject 
to assembly in Honduras from parts described on that CBI Export 
Declaration; and
    3. A proper importer's declaration.
    Any shipment which is not accompanied by a valid and correct 
certification in accordance with the foregoing provisions shall be 
denied entry by the Government of the United States. If U.S. Customs 
determines that the certification is invalid because of an error, 
and the remaining documentation fulfills requirements for entry 
under the Caribbean Basin Textile Special Access Program then a new 
certification from the Government of the Republic of Honduras must 
be obtained or a visa waiver issued by the U.S. Department of 
Commerce at the request of the Government of the Republic of 
Honduras must be obtained and presented to the U.S. Customs Service 
before any portion of the shipment will be released.
    Any shipment found not to be in compliance with the provisions 
of the Caribbean Basin Textiles Special Access Program relating to 
trade in textile products wholly assembled of U.S. components cut 
from U.S. formed fabrics, may be permanently denied entry under this 
program.
    Merchandise imported for the personal use of the importer and 
not for resale, regardless of value, and properly marked or 
mutilated commercial sample shipments valued at U.S.$250 or less, do 
not require a visa or certification for entry and shall not be 
charged to existing quota levels.
    Visaed merchandise and products eligible for the Caribbean Basin 
Special Access Textile Program may not appear on the same invoice.
    The visa and certification stamps are enclosed.
    The actions taken concerning the Government of the Republic of 
Honduras 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                                
                                                                        
                                                                        
                                                                        
Part Categories                                                         
35209K                        Only HTS numbers 6107.11.0010,            
                               6107.11.0020, 6108.19.9010, 6108.21.0010,
                               6108.21.0020, 6108.91.0005, 6108.91.0015,
                               6108.91.0025, 6109.10.0005, 6109.10.0007,
                               6109.10.0009, 6109.10.0037.              
65209K                        Only HTS numbers 6107.12.0010,            
                               6107.12.0020, 6108.11.0010, 6108.11.0020,
                               6108.22.9020, 6108.22.9030, 6108.92.0005,
                               6108.92.0015, 6108.92.0025, 6109.90.1047 
                               and 6109.90.1075.                        
                                                                        
Merged Categories                                                       
352/652                                                                 
35209K/65209K                                                           
                                                                        

[FR Doc. 96-18668 Filed 7-22-96; 8:45 am]
BILLING CODE 3510-DR-F