[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Notices]
[Pages 44748-44751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19422]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of an Export Visa Arrangement for Certain Cotton, 
Wool and Man-Made Fiber Textiles and Textile Products Produced or 
Manufactured in Vietnam

July 24, 2003.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

ACTION: Issuing a directive to the Commissioner, Bureau of Customs and 
Border Protection establishing export visa requirements.

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EFFECTIVE DATE: August 11, 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.
    Pursuant to Annex C of the Bilateral Textile Agreement, dated July 
17, 2003, the Governments of the United States and the Socialist 
Republic of Vietnam agreed to establish a new Export Visa Arrangement 
for certain cotton, wool and man-made fiber textiles and textile 
products subject to specific quota limits, as detailed in the notice 
and letter to the Commissioner, Bureau of Customs and Border 
Protection, published in the Federal Register on May 16, 2003 (see 68 
FR 26575), produced or manufactured in Vietnam and exported from 
Vietnam on and after August 11, 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).
    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for consumption, or withdrawn from warehouse for consumption, on and 
after August 11, 2003 will meet the visa requirements set forth in the 
letter published below to the Commissioner, Bureau of Customs and 
Border Protection.

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

Committee for the Implementation of Textile Agreements

July 24, 2003.

Commissioner,
Bureau of Customs and Border Protection, 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 in Annex 
C of the Bilateral Textile Agreement, dated July 17, 2003, between 
the Governments of the United States and the Socialist Republic of 
Vietnam, you are directed to prohibit, effective on August 11, 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 and man-made fiber textiles and textile products 
subject to specific quota limits, as detailed in the directive dated 
May 12, 2003, produced or manufactured in Vietnam and exported from 
Vietnam on and after August 11, 2003, for which the Government of 
Vietnam has not issued an appropriate export visa fully described 
below. Should additional categories, merged categories or part 
categories become subject to import quota, the additional, merged or 
part category(s) automatically shall be included in the coverage of 
this visa arrangement. Merchandise in the additional, merged or part 
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, in the form of a circular stamped 
marking in blue ink appearing 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) for Vietnam (the code for the Vietnam is 
``VN''), and a six digit numerical serial number identifying the 
shipment; e.g., 3VN123456.
    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 Vietnam.
    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 (HTSUS), 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 340/640 may be visaed as ``Category 340/
640'' or if the shipment consists solely of Category 340 
merchandise, the shipment may be visaed as ``Category 340'' but not 
as ``Category 640.''
    The Bureau of Customs and Border Protection 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 the 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 Customs 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 the 
Socialist Republic of Vietnam through its Embassy in Washington, DC. 
The waiver, if used, only waives the requirement to present a visa 
with the shipment. 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, Customs 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 Vietnam 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 
shall be charged to any applicable category limit whether or not a 
replacement visa or waiver is provided.

[[Page 44749]]

Other Provisions

    The date of export is the actual date the merchandise leaves 
Vietnam. For merchandise exported by vessel or carrier, this is the 
date on which the merchandise leaves the last port in Vietnam.
    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 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,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.

The Socialist Republic of Vietnam, Ministry of Trade

BILLING CODE 3510-DR-S

[[Page 44750]]

[GRAPHIC] [TIFF OMITTED] TN30JY03.002


[[Page 44751]]


[FR Doc. 03-19422 Filed 7-29-03; 8:45 am]
BILLING CODE 3510-DR-C