[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Notices]
[Pages 69082-69084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33201]


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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 Korea

December 24, 1996.
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: January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Ross Arnold, 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); Uruguay Round Agreements Act.

    In exchange of notes dated November 12, 1996 and December 11, 1996, 
the Governments of the United States and the Republic of Korea agreed 
to amend the existing visa arrangement for textile products, produced 
or manufactured in Korea and exported on and after January

[[Page 69083]]

1, 1997. The amended arrangement consolidates existing and new 
provisions of the export visa arrangement, including 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 Republic of Korea. Goods which currently require 
an exempt certificate shall not require an ELVIS transmission, but will 
continue to require the exempt certificate.
    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 Korea and exported on and 
after January 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 60 FR 65299, published on December 19, 1995). Also see 
56 FR 18574, published on April 23, 1991. Information regarding the 
1997 CORRELATION will be published in the Federal Register at a later 
date.
    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.
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements
December 24, 1996.

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 17, 1991, 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 Korea for which the 
Government of the Republic of Korea has not issued an appropriate 
export visa or exempt certification.
    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, 
effected by exchange of notes dated November 12, 1996 and December 
11, 1996, between the Governments of the United States and the 
Republic of Korea; and in accordance with the provisions of 
Executive Order 11651 of March 3, 1972, as amended, you are directed 
to prohibit, effective on January 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 200-239, 300-369, 400-469, 600-670 and 800-
899, including part categories and merged categories (see Annex A), 
produced or manufactured in Korea and exported on and after January 
1, 1997 for which the Government of the Republic of Korea has not 
issued an appropriate export visa or Electronic Visa Information 
System (ELVIS) transmission fully described below. Should additional 
categories, part categories or merged categories become subject to 
import quota the entire category(s), part category(s) or merged 
category(s) shall be included in the coverage of this arrangement.
    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 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 Korea is ``KR''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7KR123456.
    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 Korea.
    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, 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 347/348 may be visaed as 347/348 or if the 
shipment consists solely of Category 347 merchandise, the shipment 
may be visaed as ``Category 347,'' but not as ``Category 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 appropriate export association through their Korean 
suppliers, or a visa waiver may be issued by the U.S. Department of 
Commerce at the request of the Government of the Republic of Korea 
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 for use in obtaining a new 
correct original visaed invoice, or a visa waiver.
    If a shipment from Korea 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.
    ELVIS Requirements:
    A. Each ELVIS message will include the following information:
    I. 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 Korea is ``KR''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7KR123456.
    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 in 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.
    IV. The quantity of the shipment in the correct units of 
quantity.
    V. The manufacturer ID code.
    B. Entry of a shipment shall not be permitted:
    I. if an ELVIS transmission has not been received for the 
shipment from the country of origin;
    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

[[Page 69084]]

    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.
    V. if the visa number has previously been used, except in the 
case of a split shipment, or cancelled, except when an entry has 
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 paragraph 3.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 
procedures as previously described. Visa waivers will only be 
considered for paragraph 3.B.I., if the shipment qualifies as a one-
time special purpose shipment that is not part of an ongoing 
commercial enterprise, or 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.
    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 Korea has been allowed entry into the 
commerce of the United States with either 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.
    Annex B lists all products exempt from quantitative levels of 
the agreement with the Government of the Republic of Korea.
    Other Provisions.
    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, 
exempt certification, or ELVIS transmission for entry and shall not 
be charged to agreement levels, if applicable. All other commercial 
shipments of the above mentioned require a visa or exempt 
certification for entry.
    The visa and certification stamps remain unchanged.
    The actions taken concerning the Government of the Republic of 
Korea 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,
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.


                                 Annex A                                
                                                                        
                                                                        
                                                                        
                             Part Categories                            
224-V                         Velvet: only HTS numbers 5801.21.0000,    
                               5801.23.0000, 5801.24.0000, 5801.25.0010,
                               5801.25.0020, 5801.26.0010, 5801.26.0020,
                               5801.31.0000, 5801.33.0000, 5801.34.0000,
                               5801.35.0010, 5801.35.0020, 5801.36.0010 
                               and 5801.36.0020.                        
224-O                         Other than velvet: all HTS numbers except 
                               those in 224-V.                          
340-D                         Dress shirts: only HTS numbers            
                               6205.20.2015, 6205.20.2020, 6205.20.2025 
                               and 6205.20.2030.                        
340                           Other than dress shirts: all HTS numbers  
                               except those in 340-D.                   
359-H                         Headwear: only HTS numbers 6505.90.1540   
                               and 6505.90.2060.                        
359-O                         Other: all HTS numbers except those in 359-
                               H.                                       
369-L                         Luggage: only HTS numbers 4202.12.4000,   
                               4202.12.8020, 4202.12.8060, 4202.92.1500,
                               4202.92.3015 and 4202.92.6090.           
369-O                         Other: all HTS numbers except those in 369-
                               L.                                       
459-W                         Woven headwear: only HTS number           
                               6505.90.4090.                            
459-O                         Other: all HTS numbers except those in 459-
                               W.                                       
640-D                         Dress shirts: only HTS numbers            
                               6205.30.2010, 6205.30.2020, 6205.30.2030,
                               6205.30.2040, 6205.90.3030 and           
                               6205.90.4030.                            
640-O                         Other than dress shirts: all HTS numbers  
                               except those in 640-D.                   
641-Y                         Blouses with two or more colors in the    
                               warp and/or filling: only HTS numbers    
                               6204.23.0050, 6204.29.2030, 6206.40.3010 
                               and 6206.40.3025.                        
641                           Other: all HTS numbers except those in 641-
                               Y.                                       
659-H                         Headwear: 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-S                         Swimwear: only HTS numbers 6112.31.0010,  
                               6112.31.0020, 6112.41.0010, 6112.41.0020,
                               6112.41.0030, 6112.41.0040, 6211.11.1010,
                               6211.11.1020, 6211.12.1010 and           
                               6211.12.1020.                            
659-O                         Other: all HTS numbers except those in 659-
                               H and 659-S.                             
669-P                         Polypropylene 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 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 670-
                               L.                                       
                                                                        
                            Merged Categories                           
300/301                                                                 
317/326                                                                 
613/614                                                                 
619/620                                                                 
625/626/627/628/629                                                     
333/334/335                                                             
338/339                                                                 
342/642                                                                 
347/348                                                                 
351/651                                                                 
353/354/653/654                                                         
445/446                                                                 
633/634/635                                                             
638/639                                                                 
645/646                                                                 
647/648                                                                 
369-L/670-L/870                                                         
                                                                        



                                 Annex B                                
                                                                        
                                                                        
                                                                        
    Exempt Products Requiring Exempt Certification (No Visa or ELVIS    
                         transmission required)                         
1. Chima--The long, formless and ample skirt portion of the traditional 
 Korean chima-chogori dress set.                                        
2. Chogori--The short halter-type blouse or top portion of the          
 traditional Korean chima-chogori dress set.                            
3. Bosun--An ankle boot-type article, wholly of cloth, worn by Korean   
 women indoors.                                                         
4. Fabrics--not to exceed 24x48 inches in size, containing hand         
 embroidered or hand painted Korean scenes, and used primarily as       
 decorations or art objects.                                            
5. Handmade carpets--i.e., in which the pile was inserted, knotted by   
 hand and classified by the U.S. Customs Service under HTS 5701.10.1600,
 5701.10.4000 (formerly 5701.10.2010) or 5703.20.1000.                  
6. Korean-style handbags and other flatgoods of the type considered by  
 the U.S. Customs Service to be classified as luggage-- Women's and     
 children's handbags, billfolds, card cases, coin purses, eyeglass cases
 and similar flatgoods.                                                 
7. Martial Arts Uniforms.                                               
8. Toys for animals.                                                    
                                                                        

[FR Doc. 96-33201 Filed 12-30-96; 8:45 am]
BILLING CODE 3510-DR-F