[Federal Register Volume 64, Number 38 (Friday, February 26, 1999)]
[Notices]
[Pages 9477-9478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4859]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of an Export Visa Arrangement for Certain Wool 
Textile Products Produced or Manufactured in Ukraine

February 22, 1999.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs establishing 
export visa requirements.

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EFFECTIVE DATE: April 1, 1999.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-4212.

SUPPLEMENTARY INFORMATION:

    Authority: Section 204 of the Agricultural Act of 1956, as 
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as 
amended.

    Pursuant to the Visa Arrangement signed on July 22, 1998, the 
Governments of the United States and Ukraine agreed to establish visa 
requirements for certain wool textile products in Categories 435, 442, 
444 and 448, produced or manufactured in Ukraine and exported from 
Ukraine on or after April 1, 1999. Products exported during the period 
April 1, 1999 through April 30, 1999 shall not be denied entry for lack 
of a visa. All products exported on or after May 1, 1999 must be 
accompanied by an appropriate export visa.
    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 63 FR 71096, published on December 23, 1998).
    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for consumption, or withdrawn from warehouse for consumption, will meet 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.
    A facsimile of the new visa stamp is on file at the U.S. Department 
of Commerce, 14th and Constitution Avenue, NW., room 3104, Washington, 
DC.
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements
February 22, 1999.

Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.

    Dear Commissioner: Pursuant to section 204 of the Agricultural 
Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of 
March 3, 1972, as amended; and the Visa Arrangement dated July 22, 
1998, between the Governments of the United States and Ukraine, you 
are directed to prohibit, effective on April 1, 1999, 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 wool 
textile products in Categories 435, 442, 444 and 448, produced or 
manufactured in Ukraine and exported from Ukraine on or after April 
1, 1999 for which the Government of Ukraine has not issued an 
appropriate export visa fully described below. Should additional 
categories, merged categories or part categories be added to 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 in the category(s) 
exported on or after the date the category(s) is added to the 
agreement or becomes subject to import quotas shall require a visa. 
Products exported during the period April 1, 1999 through April 30, 
1999 shall not be denied entry for lack of an export visa. All 
products exported on or after May 1, 1999 must be accompanied by an 
appropriate export visa.
    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 
successor document. 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 will 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 code specified by the International Organization for 
Standardization (ISO) (the code for the Ukraine is ``UA''), and a 
six digit numerical serial number identifying the shipments; e.g., 
9UA123456.
    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 and the printed name of the issuing 
official authorized by the Government of Ukraine.
    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 (HTS) of 
the United States, shall be reported in the spaces provided within 
the visa stamp (e.g., ``Cat. 434--210 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. For 
example, quota Category 347/348 may be visaed as ``cat. 347/348'' or 
if the shipment consists solely of Category 347 merchandise, the 
shipment may be visaed as ``cat. 347'' but not as ``cat. 348.'' If, 
however, a merged quota category such as 340/640 has a quota 
sublimit on Category 340, then there must be a ``cat. 340'' visa for 
the shipment if it includes Category 340.
    U.S. Customs shall not permit entry if the shipment does not 
have a visa, or if the visa number, date of issuance, signature, 
printed name of signer, category, quantity or units of quantity are 
missing, incorrect, 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.
    The complete name and address of a company(s) actually involved 
in the manufacturing process of the textile product covered by the 
visa shall be provided on the textile visa document.
    If the visa is not acceptable then a new correct visa or a visa 
waiver must be presented to the U.S. Customs Service before any 
portion of the shipment will be released. A visa waiver may be 
issued by the U.S. Department of Commerce at the request of the 
Government of Ukraine. The waiver, if used, only waives the 
requirement to present a visa at entry. It does not waive the 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, 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 Ukraine 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.
    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. $800 or less do not require a visa 
for entry and shall not be charged to agreement levels.

[[Page 9478]]

    A facsimile of the visa stamp is enclosed.
    The Committee for the Implementation of Textile Agreements has 
determined that these 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.
[FR Doc. 99-4859 Filed 2-25-99; 8:45 am]
BILLING CODE 3510-DR-F