[Federal Register: August 27, 2004 (Volume 69, Number 166)]
[Notices]
[Page 52650-52651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au04-26]
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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
Apparel Produced or Manufactured in the Republic of Maldives
August 23, 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: September 7, 2004.
FOR FURTHER INFORMATION CONTACT: Ross Arnold, 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.
In exchange of notes dated January 12, 2004 and August 4, 2004, the
Governments of the United States and the Republic of Maldives agreed to
amend the existing Visa Arrangement for cotton, wool, and man-made
fiber apparel. The amended visa Arrangement establishes new provisions
for the Electronic Visa Information System (ELVIS), but continues the
requirement for the paper visa. This notice amends, but does not
cancel, the notice and letter to the Commissioner of Customs, as
amended, published in the Federal Register on August 24, 1982. (See 47
FR 36879.)
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).
Goods integrated into GATT 1994 in Stages II and III by the United
States will not require a visa or ELVIS transmission (see Federal
Register notices 63 FR 53881, published on October 7, 1998 and 66 FR
63225, published on December 5, 2001).
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consumption, or withdrawn from warehouse for consumption, will meet the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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
Committee for the Implementation of Textile Agreements
August 23, 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 August 18, 1982, 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); pursuant to the Uruguay Round Agreement on
Textiles and Clothing, and the exchange of notes on January 12, 2004
and August 4, 2004, between the Governments of the United States and
the Republic of Maldives; 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 apparel, as detailed
in the exchange of notes dated January 12, 2004 and August 4, 2004,
and exported on or after September 7, 2004, for which the Government
of the Republic of Maldives 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. The categories covered
by this directive are 237, 239, 330-359, 431-459, and 630-659.
Integrated products do not require an ELVIS transmission or a visa.
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 Maldives is MV), and a six digit
numerical serial number identifying the shipment; e.g., 4MV123456.
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 the Republic of Maldives.
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.
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 the Republic of Maldives or a visa waiver may
be issued by the U.S. Department of Commerce at the request of the
Government of the Republic of Maldives 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. 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:
[[Page 52651]]
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 Maldives is MV), and a six digit
numerical serial number identifying the shipment; e.g., 4MV123456.
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 the Republic of Maldives;
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 the
Republic of Maldives 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 Government of the
Republic of Maldives. A visa waiver only waives the requirements to
present an ELVIS transmission at the time of 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 Government of the Republic of Maldives. The Republic
of Maldives 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.
Goods integrated into GATT 1994 in Stages II and III by the
United States will not require a visa or ELVIS transmission (see
Federal Register notices 63 FR 53881, published on October 7, 1998
and 66 FR 63225, published on December 5, 2001, respectively). A
visa and 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,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. E4-1953 Filed 8-26-04; 8:45 am]