[Federal Register: May 9, 2003 (Volume 68, Number 90)]
[Notices]
[Page 24929-24930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my03-52]
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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]