[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Notices]
[Pages 53493-53496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26415]


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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 section 592 of the Tariff Act, 
for certain violations of the customs laws. This list is authorized to 
be published by section 333 of the Uruguay Round Agreements Act.

FOR FURTHER INFORMATION CONTACT: For information regarding any of the 
operational aspects, contact Scott Greenberg, National Seizures and 
Penalties Officer, Seizures and Penalties

[[Page 53494]]

Division, at 415-782-9442. 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) (Pub. L. 
103-465, 108 Stat. 4809) (signed December 8, 1994), entitled Textile 
Transshipments, amended Part V of title IV of the Tariff Act of 1930 by 
creating a section 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 and/or 
persons have been issued a penalty claim under section 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 section 592A of the Tariff Act of 1930, an 
importer should consider the following questions in attempting to 
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 and/or persons. On March 17, 1998, Customs published a 
Notice in the Federal Register (63 FR 13097) which identified 19 
(nineteen) entities which fell within the purview of section 592A of 
the Tariff Act of 1930.

592A List

    For the period ending September 30, 1998, Customs has identified 26 
(twenty-six) foreign entities that fall within the purview of section 
592A of the Tariff Act of 1930. This list reflects the addition of 9 
new entities and 2 removals to the 19 entities named on the list 
published on March 17, 1998. 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 26 foreign parties which have been 
assessed penalties by Customs for violations of section 592 are listed 
below pursuant to section 592A. This

[[Page 53495]]

list supersedes any previously published list. The names and addresses 
of the 26 foreign parties are as follows (the parenthesis following the 
listing sets forth the month and year in which the name of the company 
was first published in the Federal Register):
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)
Cupid Fashion Manufacturing Ltd., 17/F Block B, Wongs Factory 
Building, 368-370 Sha Tsui Road, Tsuen Wan, Hong Kong. (9/97)
Excelsior Industrial Company, 311-313 Nathan Road, Room 1, 15th 
Floor, Kowloon, Hong Kong. (9/98)
Eun Sung Guatemala, S.A., 13 Calle 3-62 Zona Colonia Landivar, 
Guatemala City, Guatemala. (3/98)
Glory Growth Trading Company, No. 6 Ping Street, Flat 7-10, Block A, 
21st Floor, New Trade Plaza, Shatin, New Territories, Hong Kong. (9/
98)
Great Southern International Limited, Flat A, 13th floor, Foo Cheong 
Building, 82-86 Wing Lok Street, Central, Hong Kong. (9/98)
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 Center, 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)
Jiangxi Garments Import and Export Corp., Foreign Trade Building, 60 
Zhangqian Road, Nanchang, China. (3/98)
Liable Trading Company, 1103 Kai Tak Commercial Building, 62-72 
Stanley Street, Kowloon, Hong Kong. (9/98)
Li Xing Garment Company Limited, 2/F Long Guang Building, Number 2 
Manufacturing District, Sanxiang Town, Zhongshan, Guandgong, China. 
(9/96)
McKowan Lowe & Company Limited, 1001-1012 Hope Sea Industrial 
Centre, 26 Lam Hing Street, Kowloon Bay, Kowloon, Hong Kong. (9/98)
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)
Rex Industries Limited, VIP Commercial Center, 116-120 Canton Road, 
11th Floor, Tsimshatsui, Kowloon, Hong Kong. (9/98)
Sannies Garment Factory, 35-41 Tai Lin Pai road, Gold King 
Industrial Building, Flat A & B, 2nd Floor, Kwai Chung, New 
Territories, Hong Kong. (9/98)
Shing Fat Gloves & Rainwear, 2 Tai Lee Street, 1-2 Floor, Yuen Long, 
New Territories, Hong Kong. (9/98)
Sun Kong Glove Factory, 188 San Wan Road, Units 32-35, 3rd Floor, 
Block B, Sheung Shui, New Territories, Hong Kong. (9/98)
Sun Weaving Mill Ltd., Lee Sum Factory Building, Block 1 & 2, 23 Sze 
Mei Street, Sanpokong, Bk 1/2, Kowloon, Hong Kong. (9/97)
Takhi Corporation, Huvsgalchdyn Avenue, Ulaanbaatar 11, Mongolia. 
(3/98)
Topstyle Limited, 6/F, South Block, Kwai Shun Industrial Center, 51-
63 Container Port Road, Kwai Chung, New Territories, Hong Kong. (9/
96)
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, 1300 Pennsylvania Avenue, NW., Washington, DC 20229.

Additional Foreign Entities

    In the March 17, 1998, Federal Register notice, Customs also 
solicited information regarding the whereabouts of 54 foreign entities, 
which were identified by name and known address, concerning alleged 
violations of section 592. Persons with knowledge of the whereabouts of 
those 54 entities were requested to contact the Assistant Commissioner, 
Office of Field Operations, United States Customs Service, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229.
    In this document, a new list is being published which contains the 
names and last known addresses of 29 entities. This reflects the 
addition of six new entities to the list and a removal of 31 entities 
from the list.
    Customs is soliciting information regarding the whereabouts of the 
following 29 foreign entities concerning alleged violations of section 
592. Their names and last known addresses are listed below (the 
parenthesis following the listing sets forth the month and year in 
which the name of the company was first published in the Federal 
Register):

Balmar Export Pte. Ltd., No. 7 Kampong Kayu Road, Singapore, 1543. 
(3/98)
Envestisman Sanayi A.S., Buyukdere Cad 47, Tek Is Merkezi, Istanbul, 
Turkey. (9/97)
Essence Garment Making Factory, Splendid Centre, 100 Larch Street, 
Flat D, 5th Floor, Taikoktsui, Kowloon, Hong Kong. (3/98)
Fabrica de Artigos de Vest. Dynasty, Lda., Avenida do Almirante 
Magalhaes Correia, Edificio Industrial Keck Seng, Block III, 4th 
Floor ``UV'', Macau. (3/98)
Fabrica de Artigos de Vestuario Lei Kou, 45 Estrada Marginal de 
Areia Preta, Edif.Ind.Centro Polytex, 6th Floor, D, Macau. (9/98)
Fabrica de Vestuario Wing Tai, 45 Estrada Marginal Da Areia Preta, 
Edif. Centro Poltex, 3/E, Macau. (3/98)
Galaxy Gloves Factory, Annking Industrial Building, Wang Yip East 
Street Room A, 2/F, Lot 357, Yuen Long Industrial Estate, Yuen Long, 
New Territories, Hong Kong. (3/98)
Golden Perfect Garment Factory, Wong's Industrial Building, 33 Hung 
To Road, 3rd Floor, Kwun Tong, Kowloon, Hong Kong. (9/98)
Grey Rose Maldives, Phoenix Villa, Majeedee Magu, Male, Republic of 
Maldives. (3/98)
K & J Enterprises, Witty Commercial Building, 1A-1L Tung Choi 
Street, Room 1912F, Mong Kok, Kowloon, Hong Kong. (9/98)
Konivon Development Corp., Shun Tak Center, 200 Connaught Road, No. 
3204, Hong Kong. (3/98)
Kwuk Yuk Garment Factory, Kwong Industrial Building, 39-41 Beech 
St., Flat A, 11th Floor, Tai Kok Tsui, Kowloon, Hong Kong. (3/98)
Land Global Ltd., Block c, 14/F, Y.P. Fat Building, Phase 1, 77 Hoi 
Yuen Road, Kowloon, Hong Kong. (9/97)
Leader Glove Factory, Tai Ping Industrial Centre, 57, Ting Kok Road, 
25/F, Block 1, Flat A, Tai Po, New Territories, Hong Kong. (3/98)
Lins Fashions S.A., Lot 111, San Pedro de Macoris, Dominican 
Republic. (9/96)
New Leo Garment Factory Ltd, Galaxy Factory Building, 25-27 Luk Hop 
Street, Unit B, 18th Floor, San Po Kong, Kowloon, Hong Kong. (9/98)
Patenter Trading Company, Block C. 14/F, Yip Fat Industrial 
Building, Phase 1, 77 Hoi Yuen Road, Kowloon, Hong Kong. (9/97)
Penta-5 Holding (HK) Ltd., Metro Center II, 21 Lam Hing Street, Room 
1907, Kowloon Bay, Kowloon, Hong Kong. (9/98)
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)
Silver Pacific Enterprises Ltd., Shun Tak Center, 200 Connaught 
Road, No. 3204, Hong Kong. (3/98)
Tat Hing Garment Factory, Tat Cheong Industrial Building, 3 Wing 
Ming Street, Block C, 13/F, Lai Chi Kok, Kowloon, Hong Kong. (3/98)
Tientak Glove Factory Limited, 1 Ting Kok Road, Block A, 26/F, Tai 
Po, New Territories, Hong Kong. (3/98)
United Textile and Weaving, PO Box 40355, Sharjah, United Arab 
Emirates. (3/97)
Wealthy Dart, Wing Ka Industrial Building, 87 Larch Street, 7th 
Floor, Kowloon, Hong Kong. (3/98)
Wilson Industrial Company, Yip Fat Factory Building, 77 Hoi Yuen 
Road, Room B, 3/F, Kwun Yong, Kowloon, Hong Kong. (3/98)
Wing Lung Manufactory, Hing Wah Industrial Building, Units 2, 5-8, 
4th Floor YLTL 373, Yuen Long, New Territories, Hong Kong. (9/98)
Yogay Fashion Garment Factory Ltd, Lee Wan Industrial Building, 5 
Luk Hop Street, San Po Kong, Kowloon, Hong Kong. (3/98)
Zuun Mod Garment Factory Ltd., Tuv Aimag, Mongolia. (9/97)


[[Page 53496]]


    If you have any information as to a correct mailing address for any 
of the above 29 firms, please send that information to the Assistant 
Commissioner, Office of Field Operations, U.S. Customs Service, 1300 
Pennsylvania Avenue, NW., Washington, DC 20229.

    Dated: September 29, 1998.
Robert S. Trotter,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 98-26415 Filed 10-1-98; 8:45 am]
BILLING CODE 4820-02-P