[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Pages 24929-24930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11528]


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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, Silk 
Blend and Other Vegetable Fiber Textiles and Textile Products Produced 
or Manufactured in the Republic of Korea

May 5, 2003.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Issuing a directive to the Commissioner, Bureau of Customs and 
Border Protection eliminating the paper visa requirement.

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EFFECTIVE DATE: May 19, 2003.

FOR FURTHER INFORMATION CONTACT: Shikha Bhatnagar, 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 an exchange of notes on March 6, 2003 and March 20, 2003, the 
Governments of the United States and the Republic of Korea agreed to 
the paperless Electronic Visa Information System (ELVIS). This 
arrangement provides for electronic transmission of visa information to 
the Bureau of Customs and Border Protection by the Government of the 
Republic of Korea for textiles and textile products exported to the 
United States which describes the shipment and includes the visa number 
assigned to the shipment. The transmission certifies the country of 
origin and authorizes the shipment to be charged against any applicable 
quota.
    Effective on May 19, 2003, for entry into the United States, the 
paper visa requirement is eliminated for textiles and textile products, 
produced or manufactured in the Republic of Korea and exported on or 
after May 19, 2003. The Government of the Republic of Korea must issue 
an ELVIS transmission for each shipment of textiles and textile 
products exported on or after May 19, 2003. For exempt product 
shipments, the paper exempt certification remains unchanged and an 
ELVIS transmission is not required.
    In the letter published below, the Chairman of CITA directs the 
Commissioner of the Bureau of Customs and Border Protection to 
eliminate the paper visa requirement and to require an ELVIS 
transmission for shipments of certain textiles and textile products, 
produced or manufactured in the Republic of Korea and exported to the 
United States on or after May 19, 2003. 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 68 FR 1599, 
published on January 13, 2003). See also 61 FR 69082, published on 
December 31, 1996; and 56 FR 18574, published on April 23, 1991, as 
amended.
    Goods integrated into GATT 1994 in Stages II and III by the United 
States will not require an ELVIS transmission (see Federal Register 
notices 63 FR 53881, published on October 7, 1998 and 66 FR 63225, 
published on December 5, 2001). An ELVIS transmission will continue to 
be required for non-integrated products.
    Interested persons are advised to take all necessary steps to 
ensure that textile products that enter 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, Bureau of Customs and Border Protection.

D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements

May 5, 2003.

Commissioner,
Bureau of Customs and Border Protection, Washington, DC 20229.
    Dear Commissioner: this directive amends, but does not cancel, 
the directive issued to you on December 24, 1996, 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 the Republic of Korea 
for which the Government of the Republic of Korea has not issued an 
appropriate export visa and Electronic Visa Information System 
(ELVIS) transmission, or exempt certification.
    Effective on May 19, 2003, the paper visa will no longer be 
required for the entry of shipments of textiles and textile 
products, produced or manufactured in the Republic of Korea and 
exported to the United States on or after May 19, 2003. For exempt 
product shipments, the paper exempt certification will remain 
unchanged.
    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; and pursuant to the Uruguay Round Agreement on Textiles 
and Clothing and the Electronic Visa Information System (ELVIS) 
Arrangement of March 6, 2003 and March 20, 2003 between the 
Government of the United States and the Republic of Korea; and in 
accordance with the provisions of Executive Order 11651 of March 3, 
1972, as amended, you are directed to prohibit, effective on May 19, 
2003, 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, including part categories 
and merged categories, produced or manufactured in the Republic of 
Korea and exported on or after May 19, 2003 for which the Republic 
of Korea has not issued an Electronic Visa Information System 
(ELVIS) transmission fully described below. Exempt product shipments 
do not require an ELVIS transmission. The list of part categories, 
merged categories and exempt products remains unchanged.
    An ELVIS message must accompany each commercial shipment of the 
aforementioned textile products.
    A. Each ELVIS transmission shall include the following 
information:
    a. The visa number: The visa number shall be in the standard 
nine digit letter format beginning with one numeric digit for the 
last

[[Page 24930]]

digit of the year of export, followed by the two character alpha 
code specified by the International Organization for Standardization 
(ISO) (The code for Korea is KR), and a six digit numerical serial 
number identifying the shipment; e.g., 3KR123456.
    b. The date of issuance: The date of issuance shall be the day, 
month and year on which the visa was issued.
    c. 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. Quantities must be 
quoted in whole numbers. Decimals or fractions will not be accepted.
    d. The manufacturer ID code.
    B. Entry of a shipment shall not be permitted:
    a. if an ELVIS transmission has not been received for the 
shipment from the Republic of Korea;
    b.if the ELVIS transmission for that shipment is missing any of 
the following information:
    i. visa number
    ii. category, part category, or merged category
    iii.quantity
    iv. unit of measure
    v. date of issuance
    vi. manufacturer ID number
    c. if the ELVIS transmission for the shipment does not match the 
information supplied by the importer, or the Customs broker acting 
as an agent on behalf of the importer, with regard to any of the 
following:
    i. visa number
    ii. category, part category, or merged category
    iii. unit of measure
    d.If the quantity being entered is greater than the quantity 
transmitted.
    e. If the visa number has previously been used, except in the 
case of a split shipment, or cancelled, except when entry has 
already been made using the visa number.
    C. A new, correct ELVIS transmission from the Republic of Korea 
is required before a shipment that has been denied entry for one the 
circumstances mentioned above will be released.
    D. Visa waivers will only be accepted if the shipment qualifies 
for 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 Korea Embassy in 
Washington, DC. A visa waiver only waives the requirements to 
present an ELVIS 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 1 calendar day. If system failure 
exceeds twenty-four hours or 1 calendar day, for the remaining 
period of the system failure, the Bureau of Customs and Border 
Protection will release shipments on the basis of the visa data 
provided by the Republic of Korea. The Republic of Korea will 
retransmit all data that was affected by the systems failure when 
the system is functioning normally.
    F. If a shipment from the Republic of Korea is allowed entry 
into the commerce of the United States with an incorrect ELVIS 
transmission, or no ELVIS transmission, and redelivery is requested 
but cannot be made, the shipment will be charged to the applicable 
category quota.

Other Provisions

    A. The date of export is the actual date the merchandise finally 
leaves the country of exportation. For merchandise exported by 
vessel, this is the day on which the carrier departs the last port 
in the country of origin.
    B. 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 ELVIS 
transmission or an exempt certification for entry and shall not be 
charged to the agreement levels.
    C. For exempt products shipments, the paper exempt certification 
remains unchanged and an ELVIS transmission is not required.
    Goods integrated into GATT 1994 in Stages II and III by the 
United States will not require an ELVIS transmission (see Federal 
Register notices 63 FR 53881, published on October 7, 1998 and 66 FR 
63225, published on December 5, 2001, respectively). An ELVIS 
transmission will continue to be required for non-integrated 
products.
    The Committee for the Implementation of Textile Agreements has 
determined that this action fall with the foreign affairs exception 
to the rulemaking provisions of 5 U.S.C. 553(a)(1).
    Sincerely,
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 03-11528 Filed 5-8-03; 8:45 am]
BILLING CODE 3510-DR-S