[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 58943-58946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29006]


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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 Taiwan

October 29, 1997.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).


[[Page 58944]]


ACTION: Issuing a directive to the Commissioner of Customs 
consolidating and amending visa requirements.

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EFFECTIVE DATE: November 1, 1997.

FOR FURTHER INFORMATION CONTACT: Lori E. 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 letters, the American Institute in Taiwan (AIT) and 
the Taipei Economic and Cultural Representative Office (TECRO) agreed 
to amend the existing visa arrangement for textile products, produced 
or manufactured in Taiwan and exported on and after November 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 TECRO. 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 Taiwan and exported on and 
after November 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 
56 FR 26656, published on June 10, 1991.
    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
October 29, 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 June 5, 1991, 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 Taiwan for which the 
Coordination Council for North American Affairs (CCNAA) 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 Export Visa 
Arrangement, effected by exchange of letters dated September 3 and 
23, 1997, between the American Institute in Taiwan (AIT) and the 
Taipei Economic and Cultural Representative Office (TECRO) (formerly 
the CCNAA); and in accordance with the provisions of Executive Order 
11651 of March 3, 1972, as amended, you are directed to prohibit, 
effective on November 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 I), produced or 
manufactured in Taiwan and exported on and after November 1, 1997 
for which TECRO has not issued an appropriate export visa and 
Electronic Visa Information System (ELVIS) transmission or exempt 
certification 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. Merchandise 
exported on or after the date the category(s) is added to the 
agreement or becomes subject to import quotas shall require a visa 
signifying the new designation.
    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 
(also known as the Textile Export Visa). 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 Taiwan is ``TW''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7TW123456.
    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 Taiwan.
    4. The correct category(s), merged category(s), part 
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 Harmonized Tariff Schedule of the 
United States, Annotated (HTS 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., quota Category 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 TECRO or its authorized agents or a waiver may be issued by the 
U.S. Department of Commerce at the request of TECRO or its 
authorized agents 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. Visa 
waivers will only be issued for classification disputes 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, but will provide 
a certified copy of that visaed invoice for use in obtaining a new 
correct original visaed invoice, or a visa waiver. A new visa number 
must begin with the numeric digit corresponding with the last digit 
of the year of export as previously stated.
    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.

[[Page 58945]]

    ELVIS Requirements:
    An ELVIS transmission as well as an export visa is required for 
each non-exempt entry subject to this directive.
    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 Taiwan is ``TW''), and a six 
digit numerical serial number identifying the shipment; e.g., 
7TW123456.
    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 
the 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 (HTS or successor documents).
    IV. The manufacturer ID number (MID). The MID shall begin with 
``TW,'' 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 country of orgin;
    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 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 circumstances described in 
paragraph B.I, if the shipment qualifies as a one time special 
purpose shipment that is not part of an ongoing commercial 
enterprise or for legitimate classification disputes.
    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.
    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 Taiwan 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.
    Annex II lists all the exempt products which will require a 
``Non-Quota Exempt Certification.''
    Other Provision:
    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 
exempt certification for entry and shall not be charged to the 
agreement levels. All other commerical shipments of the above 
mentioned require a visa along with an ELVIS transmission, or an 
exempt certification for entry.
    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 American Institute in Taiwan unless TECRO authorizes the entry 
and any charges to the agreement levels.
    The actions taken concerning Taiwan 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 I                                
                                                                        
                                                                        
                                                                        
   Part Categories (Descriptions below are for general reference only.  
           Other miscellaneous products may also be included.)          
347-W                         Men's and boys' woven cotton pants: only  
                               HTS numbers 6103.19.2015, 6103.19.9020,  
                               6103.22.0030, 6103.42.1020, 6103.42.1040,
                               6103.49.8010, 6112.11.0050, 6113.00.9038,
                               6203.19.1020, 6203.19.9020, 6203.22.3020,
                               6203.42.4005, 6203.42.4010, 6203.42.4015,
                               6203.42.4025, 6203.42.4035, 6203.42.4045,
                               6203.49.8020, 6210.40.9033, 6211.20.1520,
                               6211.20.3810 and 6211.32.0040.           
348-W                         Women's and girls' woven cotton pants:    
                               only HTS numbers 6204.12.0030,           
                               6204.19.8030, 6204.22.3040, 6204.22.3050,
                               6204.29.4034, 6204.62.3000, 6204.62.4005,
                               6204.62.4010, 6204.62.4020, 6204.62.4030,
                               6204.62.4040, 6204.62.4050, 6204.62.4055,
                               6204.62.4065, 6204.69.6010, 6204.69.9010,
                               6210.50.9060, 6211.20.1550, 6211.20.6810,
                               6211.42.0030 and 6217.90.9050.           
359-C                         Coveralls and overalls: 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-H                         Headwear: only HTS numbers 6505.90.1540   
                               and 6505.90.2060.                        
359-O                         Other: all HTS numbers except those in    
                               Category 359-C and Category 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-S                         Shop towels: only HTS number 6307.10.2005.
369-O                         Other: all HTS numbers except those in    
                               Category 369-L and Category 369-S.       
640-Y                         Shirts with two or more colors in the warp
                               and/or filling: only HTS numbers         
                               6205.30.2010, 6205.30.2020, 6205.30.2050 
                               and 6205.30.2060.                        
640-O                         Other shirts: all HTS numbers except those
                               in Category 640-Y.                       
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-O                         Other blouses: all HTS numbers except     
                               those in Category 641-Y.                 
647-W                         Men's and boys' woven man-made fiber      
                               pants: only HTS numbers 6203.23.0060,    
                               6203.23.0070, 6203.29.2030, 6203.29.2035,
                               6203.43.2500, 6203.43.3500, 6203.43.4010,
                               6203.43.4020, 6203.43.4030, 6203.43.4040,
                               6203.49.1500, 6203.49.2015, 6203.49.2030,
                               6203.49.2045, 6203.49.2060, 6203.49.8030,
                               6210.40.5030, 6211.20.1525, 6211.20.3820 
                               and 6211.33.0030.                        

[[Page 58946]]

                                                                        
648-W                         Women's and girls' woven man-made fiber   
                               pants: only HTS numbers 6204.23.0040,    
                               6204.23.0045, 6204.29.2020, 6204.29.2025,
                               6204.29.4038, 6204.63.2000, 6204.63.3000,
                               6204.63.3510, 6204.63.3530, 6204.63.3532,
                               6204.63.3540, 6204.69.2510, 6204.69.2530,
                               6204.69.2540, 6204.69.2560, 6204.69.6030,
                               6204.69.9030, 6210.50.5035, 6211.20.1555,
                               6211.20.6820, 6211.43.0040 and           
                               6217.90.9060.                            
659-C                         Coveralls and overalls: 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                         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    
                               Category 659-C, Category 659-H and       
                               Category 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-T                         Tents and tarpaulins: only HTS numbers    
                               6306.12.0000, 6306.19.0010 and           
                               6306.22.9030.                            
669-O                         Other: all HTS numbers except those in    
                               Category 669-P and Category 669-T.       
670-H                         Handbags: only HTS numbers 4202.22.4030   
                               and 4202.22.8050.                        
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-H and Category 670-L.       
                                                                        
                   Merged Categories and Subcategories                  
225/317/326                                                             
300/301/607                                                             
333/334/335                                                             
338/339                                                                 
347/348                                                                 
347-W/348-W                                                             
350/650                                                                 
352/652                                                                 
359-C/659-C                                                             
359-H/659-H                                                             
369-L/670-L/870                                                         
445/446                                                                 
447/448                                                                 
613/614/615/617                                                         
619/620                                                                 
625/626/627/628/629                                                     
633/634/635                                                             
633/634                                                                 
638/639                                                                 
645/646                                                                 
647/648                                                                 
647-W/648-W                                                             
                                                                        



                                Annex II                                
                                                                        
                                                                        
                                                                        
             Exempt Products Requiring Exempt Certification             
1. Pincushions.                                                         
2. Embroideries (needle work), of man-made fibers with designs          
 embroidered with wool thread.                                          
3. Hand-made carpets, i.e., in which the pile was inserted or knotted by
 hand.                                                                  
4. Christmas or Easter ornaments having a non-textile core or a non-    
 textile structural frame and man-made fiber textile covering.          
5. Martial arts uniforms, such as Kung Fu, Karate, and Judo uniforms.   
6. Toy (novelty) animals, birds or insects with a plastic wire or other 
 non-textile core that are covered or decorated with a textile thread or
 fiber.                                                                 
7. Traditional Chinese caps.                                            
8. Traditional Chinese garments:                                        
 Jackets--three quarter length or shorter, or woven fabrics,    
 usually with Chinese figures in the weave but may be plain/woven       
 otherwise figured or printed. They have a low Mandarin collar, long    
 sleeves and full frontal openings, with ``front'' type closures (looped
 fastenings made of braid, cording, etc., used with a matching knot or  
 toggle of the same material.)                                          
 Fur or imitation fur-lined jackets-- which may or may not be   
 reversible and are otherwise identical in appearance and construction  
 with the jackets described above.                                      
 Vests--sleeveless garments extending from the neck area to     
 waist with or without pockets at the waist. They are otherwise         
 identical in appearance and construction with the jackets described    
 above.                                                                 
                                                                        

[FR Doc. 97-29006 Filed 10-30-97; 8:45 am]
BILLING CODE 3510-DR-F