[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Notices]
[Pages 60829-60831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29780]
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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 Thailand
November 6, 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: January 1, 1998.
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
Thailand agreed to amend the existing visa arrangement for textile
products, produced or manufactured in Thailand and exported on and
after January 1, 1998. 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 Thailand. 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 Thailand and exported on
and after January 1, 1998.
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
42 Fr 5994, published on February 1, 1977; and 57 FR 2713, published on
January 23, 1992.
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
November 6, 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 January 16, 1992, 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 Thailand for which the
Government of Thailand 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 Thailand; and in
accordance with the provisions of Executive Order 11651 of March 3,
1972, as amended, you are directed to prohibit, effective on January
1, 1998, 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 A), produced or manufactured in
Thailand and exported on and after January 1, 1998 for which the
Government of Thailand 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.
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 or
its successor document. The original visa shall not be
[[Page 60830]]
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 Thailand is ``TH''), and a six
digit numeric serial number identifying the shipment; e.g.,
8TH123456. Typewritten letters and numbers may be used in the visa
seal instead of handwritten letters and numbers.
2. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued, which could be the year
after the actual date the merchandise leaves the country of
exportation. However, the date of export and the year of the visa
must agree. For example, if the date of export is 1997, the visa
number must begin with ``7TH,'' even though the date of issuance is
1998.
3. The original signature of the issuing official of the Royal
Thai Government.
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 bilateral agreement
shall be reported in the spaces provided within the visa stamp
(e.g., ``Cat. 434-210 DZ'').
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 359-H/659-H may be visaed as 359-H/659-H or if
the shipment consists solely of Category 359-H merchandise, the
shipment may be visaed as ``Category 359-H,'' but not as ``Category
659-H''). If, however, a merged quota category such as 625/626/627/
628/629 has a quota sublimit on Category 625, then there must be a
``Cat. 625'' visa for the shipment if it includes Category 625.
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 Government of Thailand or a visa waiver may be issued by
the U.S. Department of Commerce at the request of the Embassy of
Thailand 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. 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, 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 Thailand 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:
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 Thailand is ``TH''), and a six
digit numeric serial number identifying the shipment; e.g.,
8TH123456.
II. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued, which could be the year
after the actual date the merchandise leaves the country of
exportation. However, the date of export and the year of the visa
number must agree. For example, if the date of export is 1997, the
visa number must begin with ``7TH,'' even though the date of
issuance is 1998.
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 number (MID). The MID shall begin with
``TH,'' 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. However, due to the
absence of an official English language address conversion in
Thailand, the Government of Thailand shall provide the most accurate
MID number possible to the U.S. Customs Service. The U.S. Government
understands and acknowledges that the MID number is highly sensitive
and should be kept confidential for official use only. The MID
number is not to be released to third parties without prior written
consent by the Government of Thailand.
B. Entry of a shipment shall not be permitted:
I. if an ELVIS transmission has not been received for the
shipment from Thailand;
II. if the ELVIS transmission for that shipment is missing any
of the following:
a. visa number
b. category, part category or merged 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, part category or merged category
c. unit of measure
d. manufacturer ID number
IV. if the quantity being entered is greater than the quantity
transmitted.
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 paragraph B.I-V will be released.
D. 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.
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 a shipment from Thailand 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, and if the Government of
Thailand does not issue a visa or ELVIS transmission or request a
visa waiver (if applicable), the shipment will be charged to the
correct category limit whether or not a replacement visa or visa
waiver is provided or a new ELVIS tansmission is transmitted.
Exempt certification requirements:
A. The exempt certification system established in a directive
dated January 26, 1977, as amended, which exempts handmade cottage
industry products of handloomed fabric, and an agreed list of Thai
traditional folklore products, shall be continued unchanged, except
for the following:
1. The exemption for all items valued at U.S.$250 or less shall
not be continued.
2. Handloomed fabrics produced in Thailand may be certified as
exempt.
3. The exemption for handknotted/tufted carpets shall be
clarified to be for ``handmade carpets,'' (i.e., carpets in which
the pile was inserted/knotted by hand in HTS numbers 5701.10.1600
(Category 465), 5701.10.4000 (Category 465), 5702.42.2020 (Category
665), 5702.49.1020 (Category 369); and 5703.20.1000 (Category 665)).
B. Textiles and textile articles provided for in the exempt
certification system ae exempt
[[Page 60831]]
from the levels of restraint (quotas), and visa and ELVIS
requirements if they are properly certified, prior to the shipment
leaving Thailand.
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
or ELVIS transmission for entry and shall not be charged to
agreement levels.
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
Thailand authorizes the entry and any charges to the agreement
levels.
The actions taken concerning the Government of Thailand 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
Part Categories (Descriptions below are for general reference only.)
301-P Chief weight cotton combed yarn,
less than 85 percent cotton: only
HTS numbers 5206.21.0000,
5206.22.0000, 5206.23.0000,
5206.24.0000, 5206.25.0000,
5206.41.0000, 5206.42.0000,
5206.43.0000, 5206.44.0000 and
5206.45.0000.
301-O Chief weight cotton combed yarn,
85 percent or more cotton: only
HTS numbers 5205.21.0020,
5205.21.0090, 5205.22.0020,
5205.22.0090, 5205.23.0020,
5205.23.0090, 5205.24.0020,
5205.24.0090, 5205.26.0020,
5205.26.0090, 5205.27.0020,
5205.27.0090, 5205.28.0020,
5205.28.0090, 5205.41.0020,
5205.41.0090, 5205.42.0020,
5205.42.0090, 5205.43.0020,
5205.43.0090, 5205.44.0020,
5205.44.0090, 5205.46.0020,
5205.46.0090, 5205.47.0020,
5205.47.0090, 5205.48.0020 and
5205.48.0090.
359-H Cotton headwear: only HTS numbers
6505.90.1540 and 6505.90.2060.
359-O Other cotton apparel, not
elsewhere specified: all HTS
numbers except those in Category
359-H.
369-D Cotton dish towels: only HTS
numbers 6302.60.0010,
6302.91.0005 and 6302.91.0045.
369-S Cotton shop towels: only HTS
number 6307.10.2005.
369-O Other cotton made-ups, not
elsewhere specified: all HTS
numbers except those in Category
369-D and Category 369-S.
604-A Piled acrylic spun yarn: only HTS
number 5509.32.0000.
604-O Other staple fiber yarn, 85
percent or more synthetic: all
HTS numbers except those in
Category 604-A.
659-H Man-made fiber 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-O Other man-made fiber apparel, not
elsewhere specified: all HTS
numbers except those in Category
659-H.
669-P Man-made fiber bags: only HTS
numbers 6305.32.0010,
6305.32.0020, 6305.33.0010,
6305.33.0020 and 6305.39.0000.
669-O Other man-made fiber manufactures,
NSPF: all HTS numbers except
those in Category 669-P.
Merged Categories and Subcategories
317/326
331/631
334/634
335/635/835
336/636
338/339
341/641
342/642
347/348/847
351/651
359-H/659-H
613/614/615 (Subcategories 614 and 613/615)
625/626/627/628/629 (Subcategory 625)
638/639
645/646
647/648
[FR Doc. 97-29780 Filed 11-12-97; 8:45 am]
BILLING CODE 3510-DR-F