[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Notices]
[Pages 43993-43995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21784]


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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 the Philippines

August 12, 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: September 1, 1997.

FOR FURTHER INFORMATION CONTACT: Lori Mennitt, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

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 December 18, 1996, July 9, 1997, and 
July 23, 1997, the Governments of the United States and the Philippines 
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 the Philippines and exported on 
and after September 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 the Philippines.
    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 the Philippines and 
exported on and after September 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 11308, published on April 8, 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
August 12, 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 April 3, 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 the Philippines for 
which the Government of the Philippines has not issued an 
appropriate export visa or exempt certificate.
    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 December 18, 1996, 
July 9, 1997, and July 23, 1997, between the Governments of the 
United States and the Philippines; and in accordance with the 
provisions of Executive Order 11651 of March 3, 1972, as amended, 
you are directed to prohibit, effective on September 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 300-369, 400-469, 
600-670 and 831-859, including part categories and merged categories 
(but not Categories 355, 356, 655, 656, 455, 371 and 671), and which 
are not eligible for exemptions noted in the Exempt Certification 
Requirements below (also provided for in Annex A attached), produced 
or manufactured in the Philippines and exported on and after 
September 1, 1997 for which the Government of the Philippines has 
not issued an appropriate export visa and Electronic Visa 
Information System (ELVIS) transmission fully described below. 
Shipments covering merchandise in Categories 800-810 and 863-899 do 
not require a visa. However, should additional categories, merged 
categories or part categories be added to or changed in the 
Bilateral Agreement or become subject to import quotas, 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.

[[Page 43994]]

    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 digits and letters, 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 the Philippines is ``PH''), and 
a six digit numeric serial number identifying the shipment; e.g., 
7PH123456.
    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 Philippines.
    4. The correct category(s), part category(s), merged 
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 U.S. Harmonized Tariff Schedules of 
the United States Annotated (HTS), e.g., ``Cat. 340-510 DZ.'' Annex 
B lists all the part-category and merge category visas required for 
entry.
    Quantities must be stated in whole numbers. Decimals or 
fractions will not be accepted. Products covered by merged category 
quotas must be accompanied by either a merged category visa or the 
correct category visa corresponding to the actual shipment (e.g., 
quota Category 333/334 may be visaed as ``Category 333/334'' or if 
the shipment consists solely of Category 333 merchandise, the 
shipment may be visaed as ``Category 333,'' but not as ``Category 
334'').
    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 the Philippine Government or a visa waiver issued by the 
U.S. Department of Commerce at the request of the Philippine 
Government and presented to the U.S. Customs Service before any 
portion of the shipment will be released. A visa waiver may be 
issued by the Department of Commerce at the request of the Embassy 
in Washington for the Government of the Philippines. The waiver, if 
used, only waives the requirement to present a visa at entry. It 
does not waive any quota requirements. 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.
    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 a shipment from the Philippines 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 digits and letters, 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 the Philippines is ``PH''), and 
a six digit numeric serial number identifying the shipment; e.g., 
7PH123456.
    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 of the shipment in 
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, or successor documents.
    iv. The manufacturer ID number (MID). The MID shall begin with 
``PH,'' followed by the first three characters from each of the 
first two words of the name of the manufacturer, 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 the Philippines;
    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, or canceled, 
except in the case of a split shipment or if any 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 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 shipment 
that is not part of an ongoing commercial enterprise or for 
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.
    F. If a shipment from the Philippines 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 U.S. Customs Service will provide Philippine authorities 
with a report containing information on visa utilization that can be 
accessed at any time. This report will contain:
    a. visa number
    b. category number
    c. quantity charged to quota
    d. unit of measurement
    e. entry number
    f. entry line number.
    Exempt Certification Requirements:
    A. Textiles and textile articles provided for below, and in 
Annex A attached, will be exempt from levels of restraint quotas, 
and visa and ELVIS requirements if they are certified, prior to the 
shipment leaving the Philippines, 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.
    1. Handwoven and Handloomed Fabrics of the Cottage Industry
    2. Handmade Articles and Garments of Handwoven and Handloomed 
Fabric: All items must be cut, sewn, or otherwise fabricated by hand 
in order to qualify for this exemption. They may not include machine 
stitching.
    3. Traditional Folklore Handicraft Products: Only products which 
fall within the definition of ``Philippine Items'' in Annex A 
attached, qualify for this exemption provided that they are cut, 
sewn, or otherwise fabricated by hand. They may not include machine 
stitching.

[[Page 43995]]

    B. requirements for Exempt Certification Stamp: Each exempt 
certification stamp will include the following information:
    I. Date of issuance.
    II. Signature of issuing official.
    III. The basis for the exemption shall be noted as:
    a. Handwoven fabric or handloomed fabric (whichever is 
appropriate).
    b. Handmade textile products.
    c. The name of the particular traditional folklore handicraft 
product (Philippine Items) as listed in Annex A attached, e.g., 
``Banaue cloth.''
    Shipments not requiring visas or exempt certifications:
    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, 
ELVIS transmission or exempt certification 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 the Philippines 
authorizes the entry and any charges to the Agreement levels.
    An invoice may cover visaed merchandise or exempt certification 
merchandise, but not both.
    The visa and exempt certification stamps remains unchanged.
    The actions taken concerning the Government of the Philippines 
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                                
                                                                        
                                                                        
                                                                        
                            Philippine Items                            
       Philippine Traditional Folklore Handicraft Textile Products      
Philippine items are traditional Philippine products, cut, sewn or      
 otherwise fabricated by hand in cottage units of the cottage industry. 
 The following is the agreed upon list of such items:                   
A. Batik and hablon fabrics--hand woven fabrics of the cottage industry.
B. Banaue cloth--cotton handloom fabric in multi-colors.                
C. Other hand woven and handloom fabrics of the cottage industry.       
D. Articles and garments made by hand from hand woven and hand loomed   
 fabrics.                                                               
                                                                        



                                 Annex B                                
                                                                        
                                                                        
                                                                         
                            Merged Categories                           
331/631                                                                 
333/334                                                                 
338/339                                                                 
340/640                                                                 
341/641                                                                 
342/642                                                                 
347/348                                                                 
351/651                                                                 
352/652                                                                 
359-C/659-C                                                             
359-O/659-O                                                             
445/446                                                                 
638/639                                                                 
645/646                                                                 
647/648                                                                 
                                                                        



                                                                        
                                                                        
                                                                        
                                                                        
          Part Categories                                               
359-C                                Cotton overalls and coveralls: only
                                      HTS numbers 6103.42.2025,         
                                      6103.49.8034, 6104.62.1020,       
                                      6104.69.8010, 6114.20.0048,       
                                      6114.20.0052, 6203.42.2010,       
                                      6203.42.2090, 6204.62.2010,       
                                      6211.32.0010, 6211.32.0025 and    
                                      6211.42.0010.                     
359-O                                Other: all HTS numbers except those
                                      in Category 359-C.                
369-S                                Swimwear: only HTS number          
                                      6307.10.2005.                     
369-O                                Other: all HTS numbers except those
                                      in Category 369-S.                
659-C                                Man-made fiber overalls and        
                                      coveralls: only HTS numbers       
                                      6103.23.0055, 6103.43.2020,       
                                      6103.43.2025, 6103.49.2000,       
                                      6103.49.8038, 6104.63.1020,       
                                      6104.63.1030, 6104.69.1000,       
                                      6104.69.8014, 6114.30.3044,       
                                      6114.30.3054, 6203.43.2010,       
                                      6203.43.2090, 6203.49.1010,       
                                      6203.49.1090, 6204.63.1510,       
                                      6204.69.1010, 6210.10.9010,       
                                      6211.33.0010, 6211.33.0017 and    
                                      6211.43.0010.                     
659-H                                Hats: 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-O                                Other: all HTS numbers except those
                                      in Categories 659-C and 659-H.    
669-P                                Poly 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 Category 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 Category 670-L.                
                                                                        

[FR Doc. 97-21784 Filed 8-15-97; 8:45 am]
BILLING CODE 3510-DR-F