[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Notices]
[Pages 74777-74779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24175]


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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of Agreed Import Levels and the 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 People's Republic of China

December 13, 2005.
AGENCY: Committee for the Implementation of Textiles Agreements (CITA).

ACTION: Directive to Commissioner, U.S. Customs and Border Protection 
(CBP) establishing agreed levels.

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EFFECTIVE DATE: January 1, 2006.

FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-4212. For information on the quota status of these 
limits, refer to U.S.

[[Page 74778]]

Customs and Border Protection website (http://www.cbp.gov), or call 
(202) 344-2650. For information on embargoes and quota re-openings, 
refer to the Office of Textiles and Apparel Web site at http://otexa.ita.doc.gov.

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 the Memorandum of Understanding (MOU) between the Governments of 
the United States of America and the People's Republic of China 
concerning Trade in Textile and Apparel Products, signed and dated 
November 8, 2005, and Paragraph 242 of the Report of the Working Party 
for the Accession of China to the World Trade Organization, the 
Governments of the United States and China established agreed levels 
for certain cotton, wool, man-made fiber, silk blend and other 
vegetable fiber textiles and textile products, produced or manufactured 
in China and exported to the United States during three one-year 
periods beginning on January 1, 2006 and extending through December 31, 
2008.
    In addition, the United States and China established an Electronic 
Visa Information System (ELVIS) Arrangement, in accordance with Annex 
III of the MOU.
    The agreed levels are effective on January 1, 2006. These agreed 
levels may be adjusted during the course of the year for 
``carryforward'' under the terms of the MOU.
    Baby socks in HTS numbers 6111.20.6050, 6111.30.5050 and 
6111.90.5050 shall be counted in dozen pairs for quota and ELVIS 
purposes. These baby socks are subject to the quota level for 332/432/
632-T and the sublevel for 332/432/632-B but the correct category 
designation 239 will be required at the time of entry for quota and 
ELVIS purposes.
    In the letter published below, the Chairman of CITA directs the 
Commissioner, U.S. Customs and Border Protection (CBP), to establish 
the 2006 limits. This arrangement provides for electronic transmission 
of visa information to CBP by the Government of China for 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. The Government of China is 
required to issue an ELVIS transmission for shipments of certain 
textile products, produced or manufactured in China and exported on or 
after January 1, 2006. The United States recognizes that China shall be 
free to issue additional documents, such as paper visas or certificates 
of origin. While the additional documents will not be a requirement of 
entry into the United States, CBP may review these documents on a case-
by-case basis.
    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 (refer to the 
Office of Textiles and Apparel Web site at http://otexa.ita.doc.gov).

Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements

December 13, 2005.

Commissioner,
U.S. Customs and Border Protection, Washington, DC 20229.
    Dear Commissioner: Pursuant to the Memorandum of Understanding 
between the Governments of the United States of America and the 
People's Republic of China, Concerning Trade in Textiles and Apparel 
Products, dated November 8, 2005, you are directed to prohibit, 
effective on January 1, 2006, entry into the United States 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 the following categories and HTS numbers 
6111.20.6050, 6111.30.5050 and 6111.90.5050, produced or 
manufactured in China and exported during the twelve-month period 
beginning on January 1, 2006 and extending through December 31, 
2006, in excess of the following agreed levels:

------------------------------------------------------------------------
                 Category                         Restraint Period
------------------------------------------------------------------------
200/301...................................  7,529,582 kilograms.
222.......................................  15,966,487 kilograms.
229.......................................  33,162,019 kilograms.
332/432/632-T (plus baby socks) \1\.......  64,386,841 dozen pairs, of
                                             which not more than
                                             61,146,461 dozen pairs
                                             shall be in categories 332/
                                             432/632-B (plus baby socks)
                                             \2\.
338/339pt. \3\............................  20,822,111 dozen.
340/640...................................  6,743,644 dozen.
345/645/646...............................  8,179,211 dozen.
347/348...................................  19,666,049 dozen.
349/649...................................  22,785,906 dozen.
352/652...................................  18,948,937 dozen.
359-S/659-S \4\...........................  4,590,626 kilograms.
363.......................................  103,316,873 numbers.
443.......................................  1,346,082 numbers.
447.......................................  215,004 dozen.
619.......................................  55,308,506 square meters.
620.......................................  80,197,248 square meters.
622.......................................  32,265,013 square meters.
638/639pt. \5\............................  8,060,063 dozen.
647/648pt. \6\............................  7,960,355 dozen.
666pt. \7\................................  964,014 kilograms.
847.......................................  17,647,255 dozen.
------------------------------------------------------------------------
\1\ Categories 332/432/632-T: baby socks: only HTS numbers 6111.20.6050,
  6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers
  6115.20.9010, 6115.93.6020, 6115.93.9020, 6115.99.1420 and
  6115.99.1820.
\2\ Categories 332/432/632-B: baby socks: only HTS numbers 6111.20.6050,
  6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers
  6115.93.6020, 6115.93.9020, 6115.99.1420 and 6115.99.1820.
\3\ Categories 338/339pt: all HTS numbers except: 6110.20.1026,
  6110.20.1031, 6110.20.2067, 6110.20.2077, 6110.90.9067, and
  6110.90.9071.
\4\ Category 359-S: only HTS numbers 6112.39.0010, 6112.49.0010,
  6211.11.8010, 6211.11.8020, 6211.12.8010 and 6211.12.8020; Category
  659-S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010,
  6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020,
  6211.12.1010 and 6211.12.1020.
\5\ Categories 638/639pt.: all HTS numbers except: 6110.30.2051,
  6110.30.2061, 6110.30.3051, 6110.30.3057, 6110.90.9079, and
  6110.90.9081.
\6\ Categories 647/648pt.: all HTS numbers except 6203.43.3510,
  6204.63.3010, 6210.40.5031, 6210.50.5031, 6211.20.1525 and
  6211.20.1555.
\7\ Category 666pt.: only HTS numbers 6303.12.0010 and 6303.92.2030.

    The agreed levels set forth above are subject to adjustment 
pursuant to the current MOU between the Governments of the United 
States and China.
    Textile products in the above categories and HTS numbers 
6111.20.6050, 6111.30.5050 and 6111.90.5050 which have been exported 
to the United States prior to January 1, 2006 shall not be subject 
to this directive.
    Textile products in those same categories and HTS numbers 
6111.20.6050, 6111.30.5050 and 6111.90.5050 which have been released 
from the custody of U.S. Customs and Border Protection under the 
provisions of 19 U.S.C. 1448(b) or 1484(a)(1) prior to the effective 
date of this directive shall not be denied entry under this 
directive.
    In addition, 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 Memorandum of 
Understanding (MOU) between the Governments of the United States of 
America and the People's Republic of China Concerning Trade in 
Textile and Apparel Products, signed and dated November 8, 2005, and 
Paragraph 242 of the Report of the Working Party for the Accession 
of China to the World Trade Organization, the governments of the 
United States and China, you are directed to prohibit, effective

[[Page 74779]]

on January 1, 2006, 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 textile products in the categories 
and HTS numbers 6111.20.6050, 6111.30.5050 and 6111.90.5050 subject 
to the agreed levels of restraint under the terms of the MOU, 
produced or manufactured in China and exported on or after January 
1, 2006 for which the Government of China has not transmitted an 
appropriate ELVIS (Electronic Visa Information System) transmission 
fully described below. Should a category, including a merged 
category, or part category, be added to or modified in the MOU, the 
additional or modified category shall also be included in the 
coverage of this arrangement.
    Baby socks in HTS numbers 6111.20.6050, 6111.30.5050 and 
6111.90.5050 shall be counted in dozen pairs for quota and ELVIS 
purposes. These baby socks are subject to the quota level for 332/
432/632-T and the sublevel for 332/432/632-B but the correct 
category designation 239 will be required at the time of entry for 
quota and ELVIS purposes.
    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 
corresponding to 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 China is 
``CN''), and ending with a six digit numerical serial number 
identifying the shipment; e.g., 6CN123456. The first digit after the 
ISO code should not be a ``9''.
    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 in the shipment as 
set forth in the U.S. Department of Commerce Correlation and in the 
Harmonized Tariff Schedule of the United States, annotated or 
successor documents. e.g., ``Cat 340/640-510 dz. ''. Products 
covered by a merged agreed level must be accompanied by either a 
transmission referring to the merged category or by a transmission 
referring to the specific category corresponding to the actual 
shipment (e.g., if the shipment consists of both Category 340 and 
Category 640 merchandise, it may be transmitted as ``340/640'', if 
the shipment consists solely of Category 340 merchandise, it may be 
transmitted as ``Category 340'', but not as ``Category 640''). 
Quantities must be stated in whole numbers. Decimals or fractions 
will not be accepted.
    iv. The manufacturer ID number (MID). The MID shall begin with 
``CN'' followed by the first three characters from each of the first 
two words (of the English rendition) of the name of the entity 
performing the origin-conferring operations, followed by the largest 
number on the address line of the entity up to the first four 
digits, followed by the first three letters from the city name where 
the entity is located.
B. Entry of a shipment shall not be permitted:
    i. if an ELVIS transmission has not been received for the 
shipment from China;
    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 quantity
    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 or the Customs broker 
acting as an agent on behalf of the importer with regard to any of 
the following:
    a. visa number
    b. category, part category, or merged category
    c. unit of quantity
    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.
    C. A new, correct ELVIS transmission from China is required 
before a shipment that has been denied entry for one of the 
circumstances mentioned in paragraph B.i-v will be released.
    D. If the quantity in the ELVIS transmission is greater than 
that of the shipment, the United States shall permit entry and shall 
charge only the amount entered against any applicable level.
    E. Shipments will not be released for forty-eight hours or 2 
calendar days in the event of a system failure. If system failure 
exceeds forty-eight hours or 2 calendar days, for the remaining 
period of the system failure, CBP will only release shipments on the 
basis of the visa data provided by the Ministry of Commerce. If the 
Ministry of Commerce is able to provide that data by some means 
other than an ELVIS transmission. The Ministry of Commerce shall 
promptly retransmit all data that was affected by the system failure 
when the system is functioning normally.
    F. If a shipment from China has been allowed entry into the 
commerce of the United States with an incorrect ELVIS transmission, 
or no ELVIS transmission, and the importer does not comply with a 
CBP request to redeliver the shipment to CBP, CBP will charge the 
correct quantity and category of the shipment against the 
appropriate agreed level.
    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. 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 for entry and shall not be charged to agreement levels.
    In carrying out the above direction, the Commissioner should 
construe the term ``customs territory of the United States'' to 
include only the 50 States, the District of Columbia and Puerto 
Rico.CITA has determined that this action falls within the foreign 
affairs exception of the rulemaking provisions of 5 U.S.C. 
553(a)(1).
    Sincerely,
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.
[FR Doc. 05-24175 Filed 12-13-05; 5:13 pm]
BILLING CODE 3510-DS-S