Amendment of an Import Limit and Restraint Period, Establishment of Import Limits and Guaranteed Access Levels and Amendment of Export Visa and Certification Requirements for Certain Cotton, Wool and Man- Made Fiber Textile Products Produced or Manufactured in Costa Rica

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Amendment of an Import Limit and Restraint Period, Establishment

of Import Limits and Guaranteed Access Levels and Amendment of Export

Visa and Certification Requirements for Certain Cotton, Wool and Man-

Made Fiber Textile Products Produced or Manufactured in Costa Rica

January 24, 1994.

AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs amending a

limit and restraint period, establishing limits and guaranteed access

levels and amending visa and certification requirements.

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EFFECTIVE DATE: February 1, 1994.

FOR FURTHER INFORMATION CONTACT: Nicole Bivens Collinson, 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 the Quota Status Reports posted on the bulletin boards

of each Customs port or call (202) 927-5850. For information on

embargoes and quota re-openings, call (202) 482-3715.

SUPPLEMENTARY INFORMATION:

Authority: Executive Order 11651 of March 3, 1972, as amended;

section 204 of the Agricultural Act of 1956, as amended (7 U.S.C.

1854).

In a Memorandum of Understanding (MOU) dated December 23, 1993

between the Governments of the United States and Costa Rica, agreement

was reached to amend and extend their current bilateral textile

agreement through December 31, 1995.

In the letter published below, the Chairman of CITA directs the

Commissioner of Customs to amend the current restraint period for

Category 447 to begin on March 1, 1993 and extend through December 31,

1993 at an increased level. As a result, the limit for Category 447,

which is currently filled, will re-open. In addition, limits are being

established for Categories 340/640, 342/642, 347/348, 443 and 447 for

the period beginning on January 1, 1994 and extending through December

31, 1994. Guaranteed access levels (GALs) are being established for

Categories 340/640, 342/642 347/348 and 443 the period January 1, 1994

through December 31, 1994; and Category 447 for the period February 1,

1994 through December 31, 1994.

Textile products in Category 447, produced or manufactured in Costa

Rica and exported from Costa Rica on and after February 1, 1994 shall

require a visa.

Beginning on February 1, 1994, the U.S. Customs Service will start

signing the first section of the form ITA-370P for shipments of U.S.

formed and cut parts in Category 447 that are destined for Costa Rica

and subject to the GAL established for Category 447 for the period

beginning on February 1, 1994 and extending through December 31, 1994.

These products are governed by Harmonized Tariff item number

9802.00.8015 and chapter 61 Statistical Note 5 and chapter 62

Statistical Note 3 of the Harmonized Tariff Schedule. Interested

parties should be aware that shipments of cut parts in Category 447

must be accompanied by a form ITA-370P, signed by a U.S. Customs

officer, prior to export from the United States for assembly in Costa

Rica in order to qualify for entry under the Special Access Program.

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 58 FR 62645, published on November 29, 1993). Also see

58 FR 34991, published on June 30, 1993.

Requirements for participation in the Special Access Program are

available in Federal Register notices 51 FR 21208, published on June

11, 1986; 52 FR 26057, published on July 10, 1987; 54 FR 50425,

published on December 6, 1989; and 55 FR 21047, published on May 22,

1990.

The letter to the Commissioner of Customs and the actions taken

pursuant to it are not designed to implement all of the provisions of

the MOU, but are designed to assist only in the implementation of

certain of its provisions.

Ronald I. Levin,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

Committee for the Implementation of Textile Agreements

January 24, 1994.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: This directive amends, but does not cancel

the directive issued to you on June 24, 1993 by the Chairman,

Committee for the Implementation of Textile Agreements. This

directive concerns imports of wool textile products in Category 447,

produced or manufactured in Costa Rica and exported during the

period beginning on February 25, 1993 and extending through February

24, 1994.

Effective on February 1, 1994, you are directed to amend the

restraint period for Category 447 to begin on March 1, 1993 and

extend through December 31, 1993 at a level of 10,000 dozen\1\.

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\1\The limit has not been adjusted to account for any imports

exported after February 28, 1993.

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Under the terms of section 204 of the Agricultural Act of 1956,

as amended (7 U.S.C. 1854), and the Arrangement Regarding

International Trade in Textiles done at Geneva on December 20, 1973,

as further extended on December 9, 1993; pursuant to the Memorandum

of Understanding (MOU) dated December 23, 1993, between the

Governments of the United States and Costa Rica; and in accordance

with the provisions of Executive Order 11651 of March 3, 1972, as

amended, you are directed to prohibit, effective on February 1,

1994, entry into the United States for consumption and withdrawal

from warehouse for consumption of cotton, wool and man-made fiber

textile products in the following categories, produced or

manufactured in Costa Rica and exported during the twelve-month

period beginning on January 1, 1994 and extending through December

31, 1994, in excess of the following restraint limits:

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Category Twelve-month limita

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340/640............................ 769,479 dozen.

342/642............................ 284,058 dozen.

347/348............................ 1,296,741 dozen.

443................................ 204,020 numbers.

447................................ 11,000 dozen.

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aThe limits have not been adjusted to account for any imports exported

after December 31, 1993.

Imports charged to these category limits for the periods January

1, 1993 through December 31, 1993 and March 1, 1993 through December

31, 1993 (Category 447) shall be charged against those levels of

restraint to the extent of any unfilled balances. In the event the

limits established for those periods have been exhausted by previous

entries, such goods shall be subject to the levels set forth in this

directive.

The limits set forth above are subject to adjustment in the

future pursuant to the provisions of the MOU dated December 23, 1993

between the Governments of the United States and Costa Rica.

Also effective on February 1, 1994, you are directed to amend

further the directive dated May 15, 1990 to require a visa for

textile products in Category 447, produced or manufactured in Costa

Rica and exported from Costa Rica on and after February 1, 1994.

Additionally, pursuant to the December 23, 1993 MOU; and under

the terms of the Special Access Program, as set forth in 51 FR 21208

(June 11, 1986), 52 FR 26057 (July 10, 1987) and 54 FR 50425

(December 6, 1989), effective on February 1, 1994, guaranteed access

levels have been established for properly certified cotton, wool and

man-made fiber textile products in the following categories which

are assembled in Costa Rica from fabric formed and cut in the United

States and re-exported to the United States from Costa Rica during

the periods beginning on January 1, 1994 and extending through

December 31, 1994:

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Category Guaranteed access level

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340/640............................ 650,000 dozen.

342/642............................ 250,000 dozen.

347/348............................ 1,500,000 dozen.

443................................ 200,000 numbers.

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Effective on February 1, 1994, a guaranteed access level of

4,000 dozen is being established for Category 447 for the period

beginning on February 1, 1994 and extending through December 31,

1994. Beginning on February 1, 1994, the U.S. Customs Service is

directed to start signing the first section of form ITA-370P for

shipments of U.S. formed and cut parts in Category 447 that are

destined for Costa Rica and re-exported to the United States on and

after February 1, 1994.

Any shipment for entry under the Special Access Program which is

not accompanied by a valid and correct certification and Export

Declaration in accordance with the provisions of the certification

requirements established in the directive of May 15, 1990, shall be

denied entry unless the Government of Costa Rica authorizes the

entry and any charges to the appropriate specific limit. Any

shipment which is declared for entry under the Special Access

Program but found not to qualify shall be denied entry into the

United States.

In carrying out the above directions, the Commissioner of

Customs should construe entry into the United States for consumption

to include entry for consumption into the Commonwealth of Puerto

Rico.

The Committee for the Implementation of Textile Agreements has

determined that these actions fall within the foreign affairs

exception of the rulemaking provisions of 5 U.S.C. 553(a)(1).

Sincerely,

Ronald I. Levin,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

[FR Doc. 94-1863 Filed 1-27-94; 8:45 am]

BILLING CODE 3510-DR-F