[Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Notices]
[Page 44748-44751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy03-42]
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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for consumption, or withdrawn from warehouse for consumption, on and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
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[FR Doc. 03-19422 Filed 7-29-03; 8:45 am]