[Federal Register Volume 62, Number 133 (Friday, July 11, 1997)]
[Notices]
[Pages 37202-37204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18207]


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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 Indonesia

July 7, 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: August 1, 1997.

FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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).

    In exchange of notes dated May 23, 1997 and June 23, 1997, the 
Governments of the United States and Indonesia agreed to amend the 
existing visa arrangement for cotton, wool, man-made fiber, silk blend 
and other vegetable fiber textiles and textile products, produced or 
manufactured in Indonesia and exported on and after August 1, 1997. The 
amended arrangement consolidates existing provisions and new 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 Indonesia.
    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 Indonesia and exported on 
and after August 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 62 FR 66263, published on December 17, 1996). Also see 
52 FR 20134, published on May 29, 1987.
    Interested persons are advised to take all necessary steps to 
ensure that textile products 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
July 7, 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 May 19, 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 Indonesia for which 
the Government of Indonesia has not issued an appropriate export 
visa.
    Under the terms of section 204 of the Agricultural Act of 1956, 
as amended (7 U.S.C. 1854); pursuant to a the Export Visa 
Arrangement, effected by exchange of notes dated May 23, 1997 and 
June 23, 1997, between the Governments of the United States and 
Indonesia; 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, 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; but not Categories 353/354 
and 653/654, produced or manufactured in Indonesia and exported on 
and after August 1, 1997 for which the Government of Indonesia has 
not issued an appropriate export visa and Electronic Visa 
Information System (ELVIS) transmission

[[Page 37203]]

fully described below. Should additional categories, part categories 
or merged categories be added to or changed from those subject to 
import quotas under the Bilateral Agreement and notified in 
accordance with the Uruguay Round Agreement on Textiles and 
Clothing, the entire category or categories shall be automatically 
included in the coverage of the Visa Arrangement. Merchandise 
exported on or after the date the category is added to, or changed 
in, the Agreement, or becomes subject to import quotas, shall 
require a visa and ELVIS transmission.
    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 textile export 
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 Indonesia is ``ID''), and a six 
digit numeric serial number identifying the shipment; e.g., 
7ID123456.
    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 Indonesia.
    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 Schedules of the United States Annotated (HTSUSA) 
shall be reported in the spaces provided within the visa stamp 
(e.g., ``Cat. 340-510 DOZ''; ``Cat. 369-S510KG''; ``Cat. 331/631-
510DPR''; ``Cat.317/617/326-510M2''; ``Cat.443-510NO'').
    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., quota Category 347/348 may be visaed as ``Category 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, 
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 Indonesian Government or a visa waiver issued by the U.S. 
Department of Commerce at the request of the Indonesian Government 
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. Visa waivers will only be issued for 
classification purposes or for one time special purpose shipments 
that are not part of an ongoing commercial enterprise.
    If the visaed invoice is deficient, the U.S. Customs Service 
will not return the original document after entry or attempted 
entry, but will provide the importer 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 Indonesia 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 visa 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 Indonesia is ``ID''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7ID123456.
    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 manufacturer ID number (MID). The MID shall begin with 
``ID,'' followed by the first three characters from each of the 
first two words of the name of the manufacturers, followed by the 
largest number on the address line up to the first four digits, 
followed by three letters from the city name.
    B. Entry of a shipment shall not be permitted:
    i. if an ELVIS transmission has not been received for the 
shipment from Indonesia;
    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; or,
    v. if the visa number has previously been used, except in the 
case of a split shipment.
    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 in 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 procedure 
described above. Visa waivers will only be considered for 
classification purposes or for one time special purpose shipments 
that are not part of an ongoing commercial enterprise.
    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.
    F. If a shipment from Indonesia is 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.
    G. The Indonesian Government authorities may request a report 
containing information on visa utilization from the U.S. Customs 
Service as frequently as needed. This report will contain:
    a. visa number
    b. category number
    c. quantity charged to quota
    d. unit of measure
    e. entry number
    f. entry line number.
    Shipments Not Requiring Visas:
    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 
or an ELVIS transmission for entry and shall not be charged to 
Agreement levels.
    Other Provisions:
    Except as provided in the paragraph above, any shipment which 
requires a visa but which is not accompanied by a valid and correct 
visa and ELVIS transmission in accordance with the foregoing 
provisions, shall be denied entry by the Government of the United 
States of America unless the Government of Indonesia authorizes the 
entry and any charges to the Agreement levels.
    The visa stamp remains unchanged.
    The actions taken concerning the Government of Indonesia 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

[[Page 37204]]

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.
[FR Doc. 97-18207 Filed 7-10-97; 8:45 am]
BILLING CODE 3510-DR-F