[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Pages 48340-48342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24345]


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DEPARTMENT OF THE TREASURY

Customs Service


List of Foreign Entities Violating Textile Transshipment and 
Country of Origin Rules

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: General notice.

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SUMMARY: This document notifies the public of foreign entities which 
have been issued a penalty claim under Sec. 592 of the Tariff Act, for 
certain violations of the customs laws. This list is authorized to be 
published by Sec. 333 of the Uruguay Round Agreements Act.

FOR FURTHER INFORMATION CONTACT: For information regarding any of the 
operational aspects, contact Michael Compeau, Branch Chief, Seizures 
and Penalties Division, at 202-927-0762. For information regarding any 
of the legal aspects, contact Ellen McClain, Office of Chief Counsel, 
at 202-927-6900.
SUPPLEMENTARY INFORMATION:

Background

    Section 333 of the Uruguay Round Agreements Act (URAA)(Public Law 
103-465, 108 Stat. 4809)(signed December 12, 1994), entitled Textile 
Transshipments, amended Part V of title IV of the Tariff Act of 1930 by 
creating a Sec. 592A (19 U.S.C. 1592A), which authorizes the Secretary 
of the Treasury to publish in the Federal Register, on a biannual 
basis, a list of the names of any producers, manufacturers, suppliers, 
sellers, exporters, or other persons located outside the Customs 
territory of the United States, when these entities have been issued a 
penalty claim under Sec. 592 of the Tariff Act, for certain violations 
of the customs laws, provided that certain conditions are satisfied.
    The violations of the Customs laws referred to above are the 
following: (1) Using documentation, or providing documentation 
subsequently used by the importer of record, which indicates a false or 
fraudulent country of origin or source of textile or apparel products; 
(2) Using counterfeit visas, licenses, permits, bills of lading, or 
similar documentation, or providing counterfeit visas, licenses, 
permits, bills of lading, or similar documentation that is subsequently 
used by the importer of record, with respect to the entry into the 
customs territory of the United States of textile or apparel products; 
(3) Manufacturing, producing, supplying, or selling textile or apparel 
products which are falsely or fraudulently labeled as to country of 
origin or source; and (4) Engaging in practices which aid or abet the 
transshipment, through a country other than the country of origin, of 
textile or apparel products in a manner which conceals the true origin 
of the textile or apparel products or permits the evasion of quotas on, 
or voluntary restraint agreements with respect to, imports of textile 
or apparel products.
    If a penalty claim has been issued with respect to any of the above 
violations, and no petition in response to the claim has been filed, 
the name of the party to whom the penalty claim was issued will appear 
on the list. If a petition, supplemental petition or second 
supplemental petition for relief from the penalty claim is submitted 
under 19 U.S.C. 1618, in accord with the time periods established by 
Secs. 171.32 and 171.33, Customs Regulations (19 CFR 171.32, 171.33) 
and the petition is subsequently denied or the penalty is mitigated, 
and no further petition, if allowed, is received within 30 days of the 
denial or allowance of mitigation, then the administrative action shall 
be deemed to be final and administrative remedies will be deemed to be 
exhausted. Consequently, the name of the party to whom the penalty 
claim was issued will appear on the list. However, provision is made 
for an appeal to the Secretary of the Treasury by the person named on 
the list, for the removal of its name from the list. If the Secretary 
finds that such person or entity has not committed any of the 
enumerated violations for a period of not less than 3 years after the 
date on which the person or entity's name was published, the name will 
be removed from the list as of the next publication of the list.

Reasonable Care Required

    Section 592A also requires any importer of record entering, 
introducing, or attempting to introduce into the commerce of the United 
States textile or apparel products that were either directly or 
indirectly produced, manufactured, supplied, sold, exported, or 
transported by such named person to show, to the satisfaction of the 
Secretary, that such importer has exercised reasonable care to ensure 
that the textile or apparel products are accompanied by documentation, 
packaging, and labeling that are accurate as to its origin. Reliance 
solely upon information regarding the imported product from a person 
named on the list is clearly not the exercise of reasonable care. Thus, 
the textile and apparel importers who have some commercial relationship 
with one or more of the listed parties must exercise a degree of 
reasonable care in ensuring that the documentation covering the 
imported merchandise, as well as its packaging and labeling, is 
accurate as to the country of origin of the merchandise. This degree of 
reasonable care must rely on more than information supplied by the 
named party.
    In meeting the reasonable care standard when importing textile or 
apparel products and when dealing with a party named on the list 
published pursuant to Sec. 592A of the Tariff Act of 1930, an importer 
should consider the following questions in attempting to

[[Page 48341]]

ensure that the documentation, packaging, and labeling is accurate as 
to the country of origin of the imported merchandise. The list of 
questions is not exhaustive but is illustrative.
    (1) Has the importer had a prior relationship with the named party?
    (2) Has the importer had any detentions and/or seizures of textile 
or apparel products that were directly or indirectly produced, 
supplied, or transported by the named party?
    (3) Has the importer visited the company's premises and ascertained 
that the company has the capacity to produce the merchandise?
    (4) Where a claim of an origin conferring process is made in 
accordance with 19 CFR 102.21, has the importer ascertained that the 
named party actually performed the required process?
    (5) Is the named party operating from the same country as is 
represented by that party on the documentation, packaging or labeling?
    (6) Have quotas for the imported merchandise closed or are they 
nearing closing from the main producer countries for this commodity?
    (7) What is the history of this country regarding this commodity?
    (8) Have you asked questions of your supplier regarding the origin 
of the product?
    (9) Where the importation is accompanied by a visa, permit, or 
license, has the importer verified with the supplier or manufacturer 
that the visa, permit, and/or license is both valid and accurate as to 
its origin? Has the importer scrutinized the visa, permit or license as 
to any irregularities that would call its authenticity into question?
    The law authorizes a biannual publication of the names of the 
foreign entities. On April 1, 1997, Customs published a Notice in the 
Federal Register (62 FR 15563) which identified 14 (fourteen) entities 
which fell within the purview of Sec. 592A of the Tariff Act of 1930.

592A List

    For the period ending September 30, 1997, Customs has identified 16 
(sixteen) foreign entities that fall within the purview of Sec. 592A of 
the Tariff Act of 1930. This list reflects the addition of 2 new 
entities to the 14 entities named on the list published on April 1, 
1997. The parties on the current list were assessed a penalty claim 
under 19 U.S.C. 1592, for one or more of the four above-described 
violations. The administrative penalty action was concluded against the 
parties by one of the actions noted above as having terminated the 
administrative process.
    The names and addresses of the 16 foreign parties which have been 
assessed penalties by Customs for violations of Sec. 592 are listed 
below pursuant to Sec. 592A. This list supersedes any previously 
published list. The names and addresses of the 16 foreign parties, and 
the month and year, in parentheses, in which the name of the company 
was first published in the Federal Register, are as follows:

Azmat Bangladesh, Plot Number 22-23, Sector 2 EPZ, Chittagong 4233, 
Bangladesh. (9/96)
Bestraight Limited, Room 5K, World Tech Centre, 95 How Ming Street, 
Kwun Tong, Kowloon, Hong Kong. (3/96)
Cotton Breeze International, 13/1578 Govindpuri, New Delhi, India. 
(9/95)
Cupid Fashion Manufacturing Ltd., 17/F Block B, Wongs Factory 
Building, 368-370 Sha Tsui Road, Tsuen Wan, Hong Kong. (9/97)
Hanin Garment Factory, 31 Tai Yau Street, Kowloon, Hong Kong. (3/96)
Hip Hing Thread Company, No. 10, 6/F Building A, 221 Texaco Road, 
Waikai Industrial Centre, Tsuen Wan, N.T. Hong Kong. (3/96)
Hyattex Industrial Company, 3F, No. 207-4 Hsin Shu road, Hsin Chuang 
City, Taipei Hsien, Taiwan. (9/96)
Jentex Industrial, 7-1 Fl., No. 246, Chang An E. Rd.,Sec. 2, Taipei, 
Taiwan. (3/97)
Li Xing Garment Company Limited, 2/F Long Guang Building, Number 2 
Manufacturing District, Sanxiang Town, Zhongshan, Guandgong, China. 
(9/96)
Meigao Jamaica Company Limited, 134 Pineapple Ave., Kingston, 
Jamaica. (9/96)
Meiya Garment Manufacturers Limited, No. 2 Building, 3/F, Shantou 
Special Economic Zone, Shantou, China. (9/96)
Poshak International, H-83 South Extension, Part-I (Back Side), New 
Delhi, India. (3/96)
Sun Weaving Mill Ltd., Lee Sum Factory Building, Block 1 & 2, 23 Sze 
Mei Street, Sanpokong, Bk \1/2\, Kowloon, Hong Kong. (9/97)
Topstyle Limited, 6/F, South Block, Kwai Shun Industrial Center, 51-
63 Container Port Road, Kwai Chung, New Territories, Hong Kong. (9/
96)
United Fashions, C-7 Rajouri Garden, New Delhi, India. (9/95)
Yunnan Provincial Textiles Import & Export, 576 Beijing Road 
Kunming, Yun Nan, China. (3/96)

    Any of the above parties may petition to have its name removed from 
the list. Such petitions, to include any documentation that the 
petitioner deems pertinent to the petition, should be forwarded to the 
Assistant Commissioner, Office of Field Operations, United States 
Customs Service, 1301 Constitution Avenue, Washington, D.C. 20229.

Additional Foreign Entities

    In the April 1, 1997 Federal Register notice, Customs also 
solicited information regarding the whereabouts of 40 foreign entities, 
which were identified by name and known address, concerning alleged 
violations of Sec. 592. Persons with knowledge of the whereabouts of 
those 40 entities were requested to contact the Assistant Commissioner, 
Office of Field Operations, United States Customs Service, 1301 
Constitution Avenue, Washington, D.C. 20229.
    In this document, a new list is being published which contains the 
names and last known addresses of 39 entities. This reflects the 
addition of six new entities to the list and the removal of seven 
entities from the list. The seven entities removed from the list are 
China Artex Corp. Beijing Arts, Glee Dragon Garment Mfg. Ltd., Gold 
Tube Ltd., Hambridge Ltd., Kin Fung Knitting Factory, Moderntex 
International and Samsung Corporation.
    Customs is soliciting information regarding the whereabouts of the 
following 39 foreign entities concerning alleged violations of 
Sec. 592. Their names and last known addresses, and the month and year, 
in parentheses, in which the name of the company was first published in 
the Federal Register, are listed below:

Bahadur International, 250 Naraw Industrial Area, New Delhi, India. 
(9/95)
Madan Exports, E-106 Krishna Nagar, New Delhi, India. (9/95)
Gulnar Fashion Export, 14 Hari Nagar, Ashram, New Delhi, India. (9/
95)
Janardhan Exports, E-106 Krishna Nagar, New Delhi, India. (9/95)
Morrin International, E-106 Krishna Nagar, New Delhi, India. (9/95)
Jai Arjun Mfg., Co., B 4/40 Paschim Vihar, New Delhi, India. (9/95)
Eroz Fashions, 535 Tuglakabad Extension, New Delhi, India. (9/95)
Shenzhen Long Gang Ji Chuen, Shenzhen, Long Gang Zhen, China. (9/95)
Traffic, D1/180 Lajpat Nagar, New Delhi, India. (9/95)
Raj Connections, E-106 Krishna Nagar, Delhi, India. (9/95)
Bao An Wing Shing Garment Factory, Ado Shi Qu, Bao An Shen Zhen, 
China. (9/95)
Guidetex Garment Factory, 12 Qian Jin Dong Jie, Yao Tai Xian Yuan 
Li, Canton, China. (9/95)
Dechang Garment Factory, Shantou S.E.Z., Cheng Hai, Cheng Shing, 
China. (9/95)
Guangdong Provincial Improved, 60 Ren Min Road, Guangdong, China. 
(9/95)
Kin Cheong Garment Factory, No. 13 Shantan Street, Sikou Country, 
Taishan, Kwangtong, China. (9/95)
Sam Hings Bags Factory, Ltd., #35 Tai Ping West Road, Jiu Jaing, 
Ghangdong, China. (9/95)
Luen Kong Handbag Factory, 33 Nanyuan Road, Shenzhen, Guangdong, 
China. (9/95)

[[Page 48342]]

Changping High Stage Knitting, Yuan Jing Yuan, Chau Li Qu Chang, 
Guangdong, China. (9/95)
Arsian Company Ltd, XII Khorcolo, Waanbaatar, Mongolia. (9/95)
Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah, Malaysia. (9/95)
Crown Garments Factory Sdn Bhd, Lot 112, Jalan Kencana, Bagan Ajam, 
Malaysia. (9/95)
Richman Garment Manufacturing Co., Ltd., 7th Fl, Singapore 
Industrial Bldg., 338 Kwun Tong Road, Kowloon, Hong Kong. (9/95)
Herrel Company, 64 Rowell Road, Suva, Fiji. (9/95)
Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat Street, Kowloon, Hong 
Kong. (9/95)
Kingston Garment Ltd., Lot 42-44 Caracas Dr., Kingston, Jamaica. (9/
95)
Poltex Sdn, 8 Jalan Serdang, Kedah, Malaysia. (9/95)
Sam Hing International Enterprise, 5 Guernsey St., Guilford NSW, 
Australia. (9/95)
Societe Prospere De Vetements S.A., Lome, Togo. (9/95)
Confecciones Kalinda S.A., Zona Franca, Los Alcarrizos, Santo 
Domingo, Dominican Republic. (9/95)
Royal Mandarin Knitworks Co., Flat C 21/F, So Tau Centre, 11-15 Sau 
Road, Kwai Chung, N.T., Hong Kong. (9/95)
Wong's International, Nairamdliyn 26, Ulaanbaatar 11, Naaun, 
Mongolia. (9/95)
Lin Fashions S.A., Lot 111, San Pedro de Macoris, Dominican 
Republic. (9/96)
United Textile and Weaving, P.O. Box 40355, Sharjah, United Arab 
Emirates. (3/97)
Envestisman Sanayi A.S., Buyukdere Cad 47, Tek Is Merkezi, Istanbul, 
Turkey. (9/97)
Land Global Ltd., Block c, 14/F, Y.P. Fat Building, Phase 1, 77 Hoi 
Yuen Road, Kowloon Road, Hong Kong. (9/97)
Patenter Trading Company, Block C. 14/F, Yip Fat Industrial 
Building, Phase 1, 77 Hoi Yuen Road, Kowloon, Hong Kong. (9/97)
Zuun Mod Garment Factory Ltd., Tuv Aimag, Mongolia. (9/97)
Round Ford Investments, 37-39 Ma Tau Wai Road, 13/f Tower B, 
Kowloon, Hong Kong. (9/97)
Shanghai Yang Yuan Garment Factory, 2 Zhaogao Road, Chuanshin, 
Shanghai, China. (9/97)

    If you have any information as to a correct mailing address for 
any of the above 39 firms, please send that information to the 
Assistant Commissioner, Office of Field Operations, U.S. Customs 
Service, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

    Dated: September 5, 1997.
Robert S. Trotter,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 97-24345 Filed 9-12-97; 8:45 am]
BILLING CODE 4820-02-P