[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Notices]
[Pages 37778-37779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13471]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Announcement of the Paperless ELVIS (Electronic Visa Information 
System) Requirement for Certain Cotton, Wool, Man-Made Fiber, and Silk 
Blend and Other Vegetable Fiber Textiles and Textile Products Produced 
or Manufactured in Hong Kong

May 23, 2002.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs eliminating 
the paper visa requirement.

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EFFECTIVE DATE: June 15, 2002.

FOR FURTHER INFORMATION CONTACT: Anna Flaaten, 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.
    On May 16, 2002, the Governments of the United States and the Hong 
Kong Special Administrative Region of the People's Republic of China 
(HKSAR) signed the Electronic Visa Information System (ELVIS) 
Arrangement. This arrangement provides for electronic transmission of 
visa information to the U.S. Customs Service by the Government of Hong 
Kong for textiles and textile products exported to the United States 
which describes the shipment and includes the visa number assigned to 
the shipment. A paper visa will no longer be required. The transmission 
certifies the country of origin and authorizes the shipment to be 
charged against any applicable quota.
    Effective on June 15, 2002 for entry into the United States, the 
paper visa requirement is eliminated for textiles and textile products, 
produced or manufactured in Hong Kong and exported on or after June 15, 
2002. The Government of the HKSAR must issue an ELVIS transmission for 
each shipment of textiles and textile products, as defined in the 
Arrangement, for textiles and textile products exported on or after 
June 15, 2002.
    In the letter published below, the Chairman of CITA directs the 
Commissioner of Customs to eliminate the paper visa requirement and to 
require an ELVIS transmission for shipments of certain textiles and 
textile products, produced or manufactured in Hong Kong and exported to 
the United States on or after June 15, 2002. 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 66 FR 
65178, published on December 18, 2001. Also see 58 FR 2400, published 
on January 19, 1983; 51 FR 27235, published on July 30, 1986, and 63 FR 
71621, published on December 29, 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.

James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

May 23, 2002.

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 14, 1983, as amended, 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 Hong Kong for which 
the Government of the Hong Kong Special Administrative Region of the 
People's Republic of China (HKSAR) has not issued an appropriate 
export visa and Electronic Visa Information System (ELVIS) 
transmission.
    Effective on June 15, 2002, the paper visa will no longer be 
required for the entry of shipments of textiles and textile 
products, produced or manufactured in Hong Kong and exported to the 
United States on or after June 15, 2002.
    Under the terms of section 204 of the Agricultural Act of 1956, 
as amended (7 U.S.C. 1854), Executive Order 11651 of March 3, 1972, 
as amended, the Uruguay Round Agreement on Textiles and Clothing 
(ATC); and pursuant to the Electronic Visa Information System 
(ELVIS) Arrangement dated May 16, 2002 between the Governments of 
the United States and the HKSAR, you are directed to prohibit, 
effective on June 15, 2002, 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-

[[Page 37779]]

670, and 800-899, including part categories and merged categories, 
produced or manufactured in Hong Kong and exported on or after June 
15, 2002 for which the Government of the HKSAR has not transmitted 
an appropriate ELVIS transmission fully described below. Should 
additional textile products become subject to quantitative 
restrictions, the product shall be included in the coverage of this 
directive.
    An ELVIS message must accompany each commercial shipment of the 
aforementioned textile products.
    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 the HKSAR is ``HK''), and a six 
digit numerical serial number identifying the shipment; e.g., 
1HK123456.
    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 provided for in the 
1992-1995 bilateral agreement and notified to the Textiles 
Monitoring Body of the WTO Agreement on Textiles and Clothing and 
listed in Annexes A and B to the Arrangement. Quantities must be 
stated in whole numbers. Decimals or fractions will not be accepted.
    iv. The manufacturer identification number (MID). The MID shall 
begin with `HK,' 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 the first three letters from the city name where the 
manufacturer is located.
    B. Entry of a shipment shall not be permitted:
    i. if an ELVIS transmission has not been received for the 
shipment from the Government of the HKSAR;
    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, or
    f. MID;
    iii. if the ELVIS transmission for the shipment does not match 
the information supplied by the importer or by its representatives 
regarding:
    a. visa number
    b. category, part category, or merged category, or
    c. unit of measure;
    iv. if the quantity being entered is greater than the quantity 
in the transmission.
    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 the HKSAR is required 
before a shipment that has been denied entry for one of the 
circumstances mentioned above will be released.
    D. Visa waivers will only be considered if the shipment 
qualifies as a one-time special purpose shipment that is not part of 
an ongoing commercial enterprise. A visa waiver may be issued by the 
Department of Commerce at the request of the Hong Kong Economic and 
Trade Office in Washington, D.C. for the Government of the HKSAR. A 
visa waiver only waives the requirement to present a transmission at 
entry and does not waive any quota requirements.
    E. In the event of a systems failure, shipments will not be 
released for twenty-four hours or one full business day. If system 
failure exceeds twenty-four hours or one full business day, for the 
remaining period of the system failure the U.S. Customs Service 
shall release shipments on the basis of the visa data provided by 
the Government of the HKSAR.
    F. If a shipment from the HKSAR is allowed entry into the 
commerce of the United States with an incorrect ELVIS transmission, 
or no ELVIS transmission, or system failure, and redelivery is 
requested but cannot be made, and where the Government of the HKSAR 
does not issue a new ELVIS transmission or request a visa waiver (if 
applicable), the shipment will be charged to the correct category 
limit whether a visa waiver is provided or a new ELVIS message is 
transmitted.
    Other Provisions:
    A. 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.
    B. With the exception of suits of wool, man-made fibers, silk 
blend and/or non-cotton vegetable fibers, all textile and apparel 
products, including bona fide gifts valued at U.S. $50 or less, 
shipped 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 transmission for entry 
and shall not be charged to agreement levels. Notwithstanding the 
above, personal shipments of suits of wool, man-made fibers, silk 
blend and/or non-cotton vegetable fibers accompanying the traveler, 
regardless of value, do not require a transmission for entry and 
shall not be charged to any agreement levels.
    C. Textile product integrated into the General Agreement on 
Tariffs and Trade 1994 by the United States in accordance with the 
WTO Agreement on Textiles and Clothing do not require a 
transmission.
    The Committee for the Implementation of Textile Agreements has 
determined that these actions fall within the foreign affairs 
exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).
    Sincerely,
James C. Leonard III
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 02-13471 Filed 5-29-02; 8:45 am]
BILLING CODE 3510-DR-S