[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Pages 18758-18760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9886]


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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 Malaysia

April 11, 1997.
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: May 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, the Governments of the United States and 
Malaysia agreed to amend the existing visa arrangement for textile 
products, produced or manufactured in Malaysia and exported on and 
after May 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 Malaysia. 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 Malaysia and exported on 
and after May 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 61 FR 66263, published on December 17, 1996). Also see 
52 FR 32158, published on August 26, 1987.
    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.
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements
April 11, 1997.

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 August 20, 1987, 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 Malaysia for which the 
Government of Malaysia 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); and pursuant to the Uruguay Round 
Agreements Act, the Uruguay Round Agreement on Textiles and Clothing 
(ATC) and the Export Visa Arrangement, effected by exchange of notes 
between the Governments of the United States and Malaysia; and in 
accordance with the provisions of Executive Order 11651 of March 3, 
1972, as amended, you are directed to prohibit, effective on May 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 831-859, including part categories and 
merged categories (see Annex A), produced or manufactured in 
Malaysia and exported on and after May 1, 1997 for which the 
Government of Malaysia has not issued an appropriate export visa, 
exempt certification or Electronic Visa Information System (ELVIS) 
transmission fully described below. Shipments covering merchandise 
in Categories 800-810 and 863-899 do not require a visa. 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 Malaysia is ``MY''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7MY123456.
    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 Malaysia.
    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, 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

[[Page 18759]]

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 Malaysian Government or a visa waiver may be issued by the 
U.S. Department of Commerce at the request of the Government of 
Malaysia 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 Malaysia 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 Malaysia is ``MY''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7MY123456.
    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
    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 
already 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 B.I-V will be released. 
Visa waivers will only be considered for legitimate classification 
purposes, or for paragraph B.I-V if the shipment qualifies as a one-
time special purpose shipment that is not part of an ongoing 
commercial enterprise.
    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.
    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 Malaysia has been allowed entry into the 
commerce of the United States with an incorrect visa, no visa, 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.
    Exempt certification requirements:
    Shipments of certified hand printed batik, defined as fabric to 
which the design has been applied by hand in units of the Malaysian 
cottage industry, shall be exempt from the quota levels if they are 
certified prior to leaving Malaysia, by the placing of the original 
rectangular-shaped stamped marking in blue ink on the front of the 
original commercial invoice. The original exempt certification shall 
not be affixed to duplicate copies of the invoice. The original copy 
of the invoice with the original exempt certification will be 
required to enter the shipment into the United States. Duplicate 
copies of the invoice and/or exempt certification may not be used.
    Textiles and textile articles provided for in the exempt 
certification system are exempt from the levels of restraint, and 
visa and ELVIS requirements if they are properly certified, prior to 
the shipment leaving Malaysia.
    Each certification stamp shall include the following 
information:
    1. Date of issuance
    2. Signature of issuing official
    3. The basis for the exemption, which shall be noted as:
    a. hand printed batik
    b. the name of the particular traditional folklore handicraft 
product (Malaysian item) as cited in a list to be agreed upon by the 
Government of the United States and Malaysia.
    Should a shipment be exported from Malaysia with an incorrect 
exempt certification (i.e., the date of issuance, signature or basis 
for exemption is missing, incorrect or illegible or has been crossed 
out or altered in any way), then the exempt certification will not 
be accepted and entry shall not be permitted until a replacement 
certification is issued.
    Should a shipment be exported from Malaysia without an exempt 
certification being issued prior to the date of exportation or if 
the merchandise does not qualify for the exemption, then an exempt 
certification will not be accepted and entry shall not be permitted. 
In such a case, a visa or a visa waiver must be obtained, and an 
ELVIS transmission sent, prior to release of any portion of the 
shipment. If quotas are in force, the shipment will be charged to 
the apropriate quota level.
    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.
    Any shipment which is not accompanied by a valid and correct 
visa with an ELVIS transmission or exempt certification in 
accordance with the foregoing provisions shall be denied entry by 
the Government of the United States unless the Government of 
Malaysia authorizes the entry and any charges to the agreement 
levels.
    The visa and certification stamps remain unchanged.
    The actions taken concerning the Government of Malaysia 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.

[[Page 18760]]

    Sincerely,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.


                                 Annex A                                
                                                                        
                                                                        
                                                                        
                             Part Categories                            
438-W                                 Women's and girls' knit shirts and
                                       blouses: only HTS numbers        
                                       6104.21.0060, 6104.23.0020,      
                                       6104.29.2051, 6106.20.1010,      
                                       6106.20.1020, 6106.90.1010,      
                                       6106.90.1020, 6106.90.2520,      
                                       6106.90.3020, 6109.90.1540,      
                                       6109.90.8020, 6110.10.2080,      
                                       6110.30.1560, 6110.90.9074 and   
                                       6114.10.0040.                    
438-O                                 Men's and boys' knit shirts: only 
                                       HTS numbers 6103.21.0050,        
                                       6103.23.0025, 6105.20.1000,      
                                       6105.90.1000, 6105.90.8020,      
                                       6109.90.1520, 6110.10.2070,      
                                       6110.30.1550, 6110.90.9072,      
                                       6114.10.0020 and 6117.90.9025.   
647-K                                 Men's and boys trousers, breeches 
                                       and shorts: only HTS numbers     
                                       6103.23.0040, 6103.23.0045,      
                                       6103.29.1020, 6103.29.1030,      
                                       6103.43.1520, 6103.43.1540,      
                                       6103.43.1550, 6103.43.1570,      
                                       6103.49.1020, 6103.49.1060,      
                                       6103.49.8014, 6112.12.0050,      
                                       6112.19.1050, 6112.20.1060 and   
                                       6113.00.9044.                    
648-K                                 Women's and girls' trousers,      
                                       breeches and shorts: only HTS    
                                       numbers 6104.23.0032,            
                                       6104.23.0034, 6104.29.1030,      
                                       6104.29.1040, 6104.29.2038,      
                                       6104.63.2006, 6104.63.2011,      
                                       6104.63.2026, 6104.63.2028,      
                                       6104.63.2030, 6104.63.2060,      
                                       6104.69.2030, 6104.69.2060,      
                                       6104.69.8026, 6112.12.0060,      
                                       6112.19.1060, 6112.20.1070,      
                                       6113.00.9052 and 6117.90.9070.   
                                                                        
                   Merged Categories and Subcategories                  
300/301                                                                 
331/631                                                                 
333/334/335/835 (Subcategories 335, 835)                                
336/636                                                                 
338/339                                                                 
340/640                                                                 
341/641 (Subcategory 341)                                               
342/642/842                                                             
347/348                                                                 
350/650                                                                 
351/651                                                                 
445/446                                                                 
613/614/615/617                                                         
634/635                                                                 
638/639                                                                 
645/646                                                                 
647/648                                                                 
                                                                        

[FR Doc. 97-9886 Filed 4-16-97; 8:45 am]
BILLING CODE 3510-DR-F