[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Notices]
[Pages 71117-71120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32797]


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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 Bangladesh

December 14, 1999.
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, 2000.

FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

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.

    In exchange of notes dated December 9 and December 14, 1999, the 
Governments of the United States and Bangladesh agreed to amend the 
existing visa arrangement for 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, 800-899, produced or manufactured 
in Bangladesh and exported on and after January 1, 2000. The amended 
arrangement consolidates existing provisions and new provisions for the 
Electronic Visa Information System (ELVIS). The Governments of the 
United States and Bangladesh will implement a 6-month test phase in 
which, in addition to the ELVIS requirements, shipments will continue 
to be accompanied by a visa. This notice supersedes the notice and 
letter to the Commissioner of Customs, as amended, published in the 
Federal Register on November 17, 1988 (53 FR 46484).
    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). 
Information regarding the 2000 CORRELATION will be published in the 
Federal Register at a later date.
    Goods integrated into GATT 1994 in Stage II by the United States 
will not require a visa or ELVIS transmission (see Federal Register 
notice 63 FR 53881, published on October 7, 1998).
    Interested persons are advised to take all necessary steps to 
ensure that textile products 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
December 14, 1999.

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

    Dear Commissioner: This directive supersedes the directive 
issued to you on November 14, 1988 by the Chairman, Committee for 
the Implementation of Textile Agreements. 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 Agreement on Textiles and Clothing and 
the Export Visa Arrangement, effected by exchange of notes dated 
December 9 and December 14, 1999, between the Governments of the 
United States and Bangladesh; 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, 2000, 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, 800-899, including part categories and merged categories, 
produced or manufactured in Bangladesh and exported on and after 
January 1, 2000 for which the Government of Bangladesh has not 
issued an appropriate export visa and Electronic Visa Information 
System (ELVIS) transmission fully described below. Should additional 
categories, part-categories or merged categories become subject to 
import quotas, 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 shipment of the aforementioned 
textile products. A circular stamped marking in blue ink will appear 
on the front of the original export license. The original visa shall 
not be stamped on duplicate copies of the export license. The 
original export license with the original visa stamp will be 
required to enter the shipment into the United States. Duplicates of 
the export license and/or visa may not be used for this purpose.
Visa Requirements
    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 Bangladesh is ``BD''), and a six 
digit serial number identifying the shipment; e.g., 0BD123456.
    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 authorized by 
the Government of Bangladesh.
    4. The correct category(s), part category(s), merged 
category(s), quantity(s) and unit(s) of quantity in the shipment in 
the unit(s) of quantity provided for in Annex A of the Export Visa 
Arrangement, in the U.S. Department of Commerce Correlation, and in 
the Harmonized Tariff Schedule of the United States Annotated, or 
successor document and 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. (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'').
    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

[[Page 71118]]

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 categories and units of measure shall be those listed in 
Annex A of the Export Visa Arrangement and as determined by the U.S. 
Customs Service.
    If the visa is not acceptable then a new correct visa must be 
obtained from the Government of Bangladesh or a visa waiver may be 
issued by the U.S. Department of Commerce at the request of the 
Government of Bangladesh 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 any quota requirement. 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 
the importer a certified copy of that visaed export license for use 
in obtaining a new correct visaed invoice or a visa waiver.
    Only the actual quantity in the shipment and the correct 
category will be charged to the applicable restraint level.
    If a shipment from Bangladesh has been allowed entry into the 
commerce of the United States with either an incorrect visa or no 
visa and redelivery is requested but is not made, the shipment will 
be charged to the correct category limit whether or not a 
replacement visa or visa waiver is provided.
    The Government of the United States will make available to the 
Government of Bangladesh, upon request, information on the amounts 
and categories involved for all items subject to quota administered 
by the U.S. Customs Service.
    The complete name and address of a company performing the major 
production steps in the manufacturing process of the textile 
products covered by the visa shall be provided on the textile visa 
document.
ELVIS Requirements:
    A. Each ELVIS message will include the following information:
    i. The visa number as defined above.
    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), part category(s), merged 
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.
    iv. The quantity of the shipment in the correct units of 
quantity
    v. The manufacturer ID number (MID). The MID shall begin with 
``BD,'' 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 Bangladesh;
    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 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;
    v. if the visa number has previously been used, except in the 
case of a split shipment, or canceled, except when an entry has 
already been made using the visa number.
    C. A new, correct ELVIS transmission from Bangladesh is required 
before a shipment that has been denied entry for one of the 
circumstances described above will be released.
    D. Notwithstanding the previous paragraph, a visa waiver may be 
accepted, at the discretion of the U.S. Department of Commerce, in 
lieu of an ELVIS transmission if the shipment qualifies as a one-
time special purpose shipment that is not part of an ongoing 
commercial enterprise.
    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 Bangladesh is 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 is not 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.
    G. The U.S. Customs will provide the Government of Bangladesh 
with a report on visa utilization which is accessible at any time. 
This report will contain:
    a. visa number
    b. category number
    c. unit of measure
    d. quantity charged to quota
    e. entry number
    f. entry line number
Exempt Certification Requirements
    Textiles and textile articles provided for below, which includes 
Bangladesh items listed in Annex C of the Export Visa Arrangement, 
will be exempted from the levels of restraint (quotas), visa and 
ELVIS requirements if they are certified, prior to the shipment 
leaving Bangladesh, by the placing of the original rectangular-
shaped stamped marking in blue ink on the front of the original 
commercial invoice. The original exempt certification shall not be 
affixed to duplicate copies of the invoice. The original copy of the 
invoice with the original exempt certification will be required to 
enter the shipment into the United States. Duplicate copies of the 
invoice and/or exempt certification may not be used.
    1. Certain floor coverings: Floor coverings provided for in HTS 
items 5701.10.1600, 5701.10.4000, 5702.51.2000, 5702.91.3000, 
5702.92.0010, 5702.99.1010.
    2. Handloomed fabrics, handmade and folklore products:
    a. Handloomed fabrics of the cottage industry
    b. Handmade textile products made in the cottage industry from 
handloomed fabrics; and
    c. Particular traditional folklore handicraft products as listed 
in Annex C of the Export Visa Arrangement.
    Requirements for exempt certification stamp: Each exempt 
certification stamp will include the following information:
    1. Date of issuance;
    2. Signature of issuing official;
    3. The basis for the exemption, which shall be noted as:
    a. Floor Coverings - HTS number 5701.10.1600 (or whichever HTS 
number is applicable).
    b. Handloomed fabric
    c. Hand-made textile product
    d. The name of the particular traditional folklore handicraft 
product (Bangladeshi item) as listed below.
    Should a shipment be exported from Bangladesh with an incorrect 
exempt certification (i.e. the date of issuance, signature or basis 
for exemption is missing, incorrect or illegible or has been crossed 
out or altered in any way), then the exempt certification shall not 
be accepted and entry shall not be permitted until a replacement 
certification is issued.
    Should a shipment be exported from Bangladesh without an exempt 
certification being issued prior to the date of exportation or the 
merchandise does not qualify for the exemption, then an exempt 
certification shall not be accepted and entry shall not be 
permitted. In such a case, a visa or a visa waiver must be obtained 
prior to release of any portion of the shipment. If quotas are in 
force, the shipment will be charged to the appropriate quota level.
Shipments not requiring visas, ELVIS transmissions or exempt 
certifications:
    Merchandise imported for the personal use of the importer and 
not for resale, regardless of value, and properly marked commercial 
sample shipments valued $800 or less do not require a visa, an ELVIS 
transmission or exempt certification for entry and shall not be 
charged to Agreement levels.
Other provisions:
    Except as provided for above, any shipment which is not 
accompanied by a valid and correct visa and 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 Bangladesh authorizes the entry and any charges to 
the agreement levels.
    An invoice may cover visaed merchandise or exempt certification 
merchandise but not both.
    After a six-month test phase is completed, both governments will 
conduct a joint

[[Page 71119]]

assessment and make recommendations regarding the elimination of the 
visa stamp on the commercial invoice.
    Effective on January 1, 2000, neither a visa nor an ELVIS 
transmission will be required for products integrated in the second 
stage of the integration of textiles and clothing into GATT 1994 
from WTO member countries (see directive dated September 30, 1998) A 
visa and ELVIS transmission will continue to be required for non-
integrated products.
    The visa stamp remains unchanged.
    The Committee for the Implementation of Textile Agreements has 
determined that this action falls 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.

Merged and Part Categories


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                               Designation in    Conversion
          Category               Agreement      Factor to SME     Unit
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          Meged Categories..
               336 and 636        336/636           37.90        dozen
               338 and 339        338/339            6.00        dozen
               340 and 640        340/640           20.10        dozen
               342 and 642        342/642           14.90        dozen
               347 and 348        347/348           14.90        dozen
               351 and 651        351/651           43.50        dozen
               352 and 652        352/652           11.30        dozen
               638 and 639        638/639           12.96        dozen
               645 and 646        645/646           30.80        dozen
               647 and 648        647/648           14.90        dozen
          Part Categories...
                     369-S    Cotton Shop            8.50      kilograms
                                   Towels
                     369-O    Other Cotton           8.50      kilograms
                              Manufactures
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                            Bangladeshi Items
 
 
 
   These are the items that are uniquely and historically traditional
  Bangladeshi products. All these items mentioned in this list are made
 from woven fabric. Additional items may be included after consultations
                and mutual agreement of both Governments.
Embroidered Kaftan                    Ankle length loose fitting dress
                                       with embroidery around top and
                                       bottom with side slits of about
                                       18 inches from the lower hem and
                                       with traditional Bangladeshi hand
                                       embroidery or hand batik
                                       printing.
Panjabi                               This is a men's and boys' shirt
                                       type garment made from cotton or
                                       man-made fabric, plain or
                                       colored, hand embroidered, or
                                       printed, or batik decorated, or
                                       batik printed, without collar and
                                       with half or full sleeve, with
                                       partial front opening with or
                                       without buttons. The tails extend
                                       from finger tip to knee. This is
                                       a typical Muslim ceremonial dress
                                       of Bangladeshi men and boys and
                                       has been used from ancient times
                                       for Muslim festivals.
Bell-Sleeve Evening Blouse            A women's garment traditionally
                                       used by Bangladeshi women and
                                       girls for covering upper part of
                                       the body and traditionally worn
                                       under a sari, made from cotton or
                                       man-made fabric, patterned or
                                       plain, embroidered or printed. A
                                       short, tight fitting blouse
                                       ending above the waist with
                                       untapered half sleeve without
                                       collar. This is a women's
                                       folklore blouse, having a long
                                       Bangladeshi tradition.
Salwar                                Plain or designed or printed,
                                       loose fitting trousers secured
                                       with drawstring or hooks with
                                       legs that are straight or baggy
                                       with extra fullness at the thighs
                                       made from cotton or man-made
                                       fiber fabrics, traditionally worn
                                       with kameez. Must be imported
                                       with a kameez, and, if for women
                                       or girls, with a dopatta.
Kameez                                Long tunic, untapered, plain or
                                       printed or embroidered, half,
                                       three quarter, or full sleeve,
                                       made from cotton or man-made
                                       fiber fabric traditionally worn
                                       with salwar with length down to
                                       knee level, with partial opening
                                       with button in front or back.
                                       Must be imported with a sawlar,
                                       and, if for women or girls, with
                                       a dopatta.
Dopatta                               A long scarf measuring from 72 to
                                       120 inches long and 36 to 40
                                       inches wide traditionally worn by
                                       Muslim women or girls in
                                       Bangladesh with salwar and
                                       kameez. Must be imported with a
                                       salwar and kameez.
Lungi                                 A traditional garment worn as
                                       outerwear from waist-down to
                                       ankle, 45 to 50 inches in width
                                       and having a circumference of 70
                                       to 80 inches, in tubular form,
                                       made from cotton or man-made
                                       fiber fabric.

[[Page 71120]]

 
Borka                                 A loose overall, two piece garment
                                       dress, ankle length, with hood
                                       portion containing veil for
                                       covering face worn by Muslim
                                       women and girls of Bangladesh
                                       when going out of the house. Made
                                       from cotton or man-made fiber of
                                       a solid color, with a full front
                                       opening with buttons.
Kurta                                 A men's or boys' shirt type
                                       garment similar to a panjabi, of
                                       mid-thigh length of cotton or man-
                                       made fiber fabric, with no collar
                                       or a one inch stand up collar,
                                       with full or half sleeves, with a
                                       partial front opening with or
                                       without buttons.
Batwa                                 Small drawstring pouches used by
                                       women and girls for carrying
                                       betel nut and small personal
                                       things. Printed or hand
                                       embroidered.
Nakshi Kantha                         Traditional hand stitched,
                                       extensively hand embroidered,
                                       wall hanging with a design
                                       depicting rural life or folklore
                                       motifs made from cotton, silk, or
                                       man-made fibers.
Batik Wall Hangings                   Cut pieces of cotton, silk, or man-
                                       made fiber fabric that have been
                                       printed using the batik process.
 

[FR Doc. 99-32797 Filed 12-17-99; 8:45 am]
BILLING CODE 3510-DR-F