[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69744-69746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32424]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of a New Export Visa Arrangement and New 
Certification Stamp for Outward Processed Goods for Certain Cotton, 
Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and 
Textile Products Produced or Manufactured in Romania

December 9, 1999.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

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

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EFFECTIVE DATE: January 1, 2000.

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.

    On October 10, 1999, the Governments of the United States and 
Romania agreed to establish a new Export Visa Arrangement for certain 
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, and for products exported under the Outward 
Processing Program (see related notice concerning implementation of the 
Outward Processing Program published elsewhere in this issue of the 
Federal Register), produced or manufactured in Romania and exported 
from Romania on and after January 1, 2000. All products exported on and 
after January 1, 2000 must be accompanied by an appropriate export visa 
or certification. This directive supersedes the directive published in 
the Federal Register on January 4, 1984 (see 49 FR 493).
    A description of the textile and apparel categories in terms of HTS 
numbers is available in the

[[Page 69745]]

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). Information regarding the 2000 
CORRELATION will be published in the Federal Register at a later date.
    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 and certification requirements set forth in the letter 
published below to the Commissioner of Customs.
    The visa stamp has not been changed; a facsimile of the new 
certification stamp for the Outward Processing Program 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
December 9, 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 Export Visa Arrangement, signed 
on October 10, 1999, this directive supersedes the directive dated 
December 29, 1983 (49 FR 493, published on January 4, 1984) which 
concerned the Export Visa Arrangement, effected by exchange of notes 
dated October 31, 1982 and March 25, 1983, between the Governments 
of the United States and Romania.
Visa Requirements
    Effective on January 1, 2000, you are directed to prohibit 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, produced or manufactured in Romania 
and exported from Romania on and after January 1, 2000 for which the 
Government of Romania has not issued an appropriate export visa 
fully described below unless they are subject to the Outward 
Processing Program. Should additional categories, merged categories 
or part categories become subject to import quota, the merged or 
part category(s) automatically shall be included in the coverage of 
this visa arrangement. Merchandise in the category(s) exported on or 
after the date the category(s) becomes subject to import quotas 
shall require a 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 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 code specified by the International Organization for 
Standardization (ISO) (the code for the Romania is ``RO''). These 
two codes shall be followed by the number``1'' and a five digit 
serial number identifying the shipment, (e.g., 0RO112345).
    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 Romania.
    4. 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 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. Visaed quantities are rounded to the 
closest whole number if the quantity exported exceeds one whole 
unit, but is less than the next whole unit. Half units are rounded 
up. If the quantity visaed is less than one unit, the shipment is 
rounded upwards to one unit. 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 ``Category 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.'' If, however, a merged quota category such as 
340/640 has a quota sublimit on Category 340, then there must be 
``Category 340'' visa for the shipment if it includes Category 340 
merchandise.
    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, 
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.
    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 
Romanian Embassy in Washington, DC. The waiver, if used, only waives 
the requirement to present a visa with the shipment 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 import quotas are in force, U.S. Customs Service shall charge 
only the actual quantity in the shipment to the correct category 
limit. If a shipment from Romania 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.
Certification Requirements for Outward Processing Program
    Each shipment of wool apparel products in Categories 433, 434, 
435, 442, 443, 444, 447 and 448 which has been either assembled in 
Romania from components cut in the United States from U.S. formed 
fabric or manufactured in Romania from U.S. formed fabric and is 
eligible for the Outward Processing Program, shall be so certified 
by the Government of Romania. This certification shall be presented 
to the U.S. Customs Service before entry, or withdrawal from 
warehouse for consumption, into the customs territory of the United 
States (the 50 states, the District of Columbia and Puerto Rico). 
Properly certified shipments of wool apparel products do not require 
a visa.
    A certification must accompany each commercial shipment of the 
aforementioned textile products. A square stamped marking in blue 
ink will appear on the front of the original commercial invoice. The 
original certification shall not be stamped on duplicate copies of 
the invoice. The original invoice with the original certification 
stamp will be required to enter the shipment into the United States. 
Duplicates of the invoice and/or certification may not be used for 
this purpose.
    Each certification shall include the following information:
    1. The certification number. The certification number shall be 
in the standard nine digit letter format, beginning with one 
numerical 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 
Romania is ``RO''). These two codes shall be followed by the number 
``2'' and a five-digit serial

[[Page 69746]]

number identifying the shipment, (e.g., 0RO212345).
    2. The date of issuance. The date of issuance shall be the day, 
month and year on which the certification was issued.
    3. The original signature of the issuing official.
    4. 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 the 
Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 
as amended.
    U.S. Customs shall not permit entry if the shipment does not 
have a valid certification including certification 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 certification is less 
than that of the shipment, entry shall not be permitted. If the 
quantity indicated on the certification is more than that of the 
shipment, entry shall be permitted. The categories and quantities 
shall be those determined by the U.S. Customs Service.
    If the certification is not acceptable, then a new certification 
must be obtained and presented to the U.S. Customs Service before 
any portion of the shipment will be released.
    Any shipment which is not accompanied by a valid and correct 
certification in accordance with the foregoing provisions shall be 
denied entry by the Government of the United States unless the 
Government of Romania authorizes, by the issuance of a visa, the 
entry and any changes to the appropriate agreement levels. If U.S. 
Customs determines that the certification is invalid because of an 
error, and the remaining documentation fulfills requirement for 
entry under the Outward Processing Program, then a new certification 
from the Government of Romania must be obtained or a visa waiver 
issued by the U.S. Department of Commerce at the request of the 
Romanian Embassy in Washington, DC must be obtained and presented to 
the U.S. Customs Service before any portion of the shipment will be 
released.
General Provisions
    The date of export is the actual date the merchandise finally 
leaves the country of origin. For merchandise exported by carrier, 
this is the day on which the carrier last departs the country of 
origin.
    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 an 
export visa for entry and shall not be charged to existing quota 
levels.
    The visa stamp has not been changed; a facsimile of the new 
certification stamp is enclosed with this letter.
    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).
    Sincerely,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 99-32424 Filed 12-13-99; 8:45 am]
BILLING CODE 3510-DR-F