[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Notices]
[Pages 8937-8939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-407]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Amendment of Export Visa Requirements to Include the Electronic 
Visa Information System for Certain Cotton, Wool, and Man-Made Fiber 
Textiles and Textile Products Produced or Manufactured in The Socialist 
Republic of Vietnam

February 20, 2004.
AGENCY: Committee for the Implementation of Textile Agreements (CITA)

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

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EFFECTIVE DATE: March 22, 2004.

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.

[[Page 8938]]

    On February 19, 2004, the Governments of the United States and 
Vietnam signed an agreement amending the existing Visa Arrangement for 
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). The amended visa 
Arrangement establishes new provisions for the Electronic Visa 
Information System (ELVIS). This notice amends, but does not cancel, 
the notice and letter to the Commissioner of Customs, as amended, 
published in the Federal Register on July 30, 2003 (see 68 FR 44748).
    A description of the textile and apparel categories in terms of 
categories within the Harmonized Tariff Schedule of the United States 
is available in the CORRELATION: Textile and Apparel Categories with 
the Harmonized Tariff Schedule of the United States (see Federal 
Register notice 69 FR 4926, published on February 2, 2004).
    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consumption, or withdrawn from warehouse for consumption, will meet the 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, 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

February 20, 2004.

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 July 24, 2003, as amended, 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 Visa and ELVIS 
Arrangement, signed on February 19, 2004, between the Governments of 
the United States and Vietnam; and in accordance with the provisions 
of Executive Order 11651 of March 3, 1972, as amended, 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, and man-made fiber 
textiles and textile products subject to specific quota limits, as 
detailed in the directive dated May 12, 2003, and exported on or 
after March 22, 2004, for which the Government of Vietnam 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. The original visa in blue ink shall be stamped on 
the front of the original commercial invoice.
Visa Requirements
    Each visa stamp will 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 Vietnam is VN), and a six digit 
numerical serial number identifying the shipment; e.g., 4VN123456.
    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 Vietnam.
    4. The correct category(s), merged category(s), part 
category(s), quantity(s), and units of quantity in the shipment in 
the units(s) of quantity provided for in the U.S. Department of 
Commerce Correlation and in the Harmonized Tariff Schedule of the 
United States (HTSUS), e.g., ``Cat. 340-510 DZ''.
    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 340/640 may be visaed as ``Cat. 340/640'' or 
if the shipment consists solely of Category 340 merchandise, the 
shipment may be visaed as ``Cat. 340,'' but not as ``Cat. 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 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.
    Quantities shall be those determined by the Bureau of Customs 
and Border Protection.
    If the visa is not acceptable then a new visa must be obtained 
from the Government of Vietnam or a visa waiver may be issued by the 
U.S. Department of Commerce at the request of the Vietnamese Embassy 
in Washington, DC and presented to the Bureau of Customs and Border 
Protection 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 the 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 Bureau of Customs and 
Border Protection 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.
    Only the actual quantity in the shipment and the correct 
category will be charged to the restraint level.
ELVIS Requirements:
    A. Each ELVIS transmission shall 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 code specified by the International Organization for 
Standardization (ISO) (The code for Vietnam is VN), and a six digit 
numerical serial number identifying the shipment; e.g., 4VN123456.
    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), 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. Quantities must be stated in whole numbers. Decimals 
or fractions will not be accepted.
    iv. The quantity of the shipment in the correct units of 
quantity
    v. The manufacturer ID number (MID)
    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 Vietnam;
    II.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
    III. 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
    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 cancelled, except when entry has 
already been made using the visa number.
    C. A new, correct ELVIS transmission from the Government of 
Vietnam is required before a shipment that has been denied entry

[[Page 8939]]

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 Vietnamese Embassy in 
Washington, DC. A visa waiver only waives the requirements to 
present an ELVIS transmission at the time of entry, and doesn't 
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 Government of Vietnam. Vietnam will retransmit all 
data that was affected by the systems failure when the system is 
functioning normally.
Shipments not requiring visas or ELVIS transmission:
    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 a visa 
or an ELVIS transmission for entry and shall not be charged to 
Agreement levels.
Other Provisions:
    The visa stamp remains unchanged.
    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,
James C. Leonard III,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-407 Filed 2-25-04; 8:45 am]
BILLING CODE 3510-DR-S