Announcement of Import Restraint Limits and Guaranteed Access Levels, Re-instatement of Export Visa and Certification Requirements, and Establishment of Manufacturer's Identification Requirement for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textile Products Produced or Manufactured in Haiti

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Announcement of Import Restraint Limits and Guaranteed Access

Levels, Re-instatement of Export Visa and Certification Requirements,

and Establishment of Manufacturer's Identification Requirement for

Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable

Fiber Textile Products Produced or Manufactured in Haiti

January 26, 1994.

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

ACTION: Issuing a directive to the Commissioner of Customs establishing

limits and guaranteed access levels, re-instating export visa and

certification requirements, and establishing manufacturer's

identification requirement.

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EFFECTIVE DATE: February 1, 1994.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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 30, 1993

between the Governments of the United States and Haiti, agreement was

reached to amend and extend their current bilateral textile agreement

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

December 31, 1994.

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

Commissioner of Customs to establish restraint limits and guaranteed

access levels (GALs) for 1994. Also, the Commissioner of Customs is

being directed to re-instate visa and certification requirements for

all textile products which are produced or manufactured in Haiti and

exported from Haiti on or after February 1, 1994. Goods exported from

Haiti during the period February 1, 1994 through February 28, 1994

shall not be denied entry for lack of a visa or certification. Goods

exported from Haiti on or after March 1, 1994 shall be denied entry if

not accompanied by an appropriate export visa or certification.

Shipments of GAL qualifying textile products which are re-exported

to the United States from Haiti on or after February 1, 1994 shall be

charged to the appropriate guaranteed access level. Shipments of these

products which are exported from Haiti prior to February 1, 1994 shall

be charged to the existing quota for that category.

Effective on February 1, 1994, the existing visa arrangement

between the Governments of the United States and Haiti shall be

amended to require that the complete name and address of a company

actually involved in the manufacturing process of the textile

product covered by the visa or certification be placed on the

textile export document. This information shall appear on the export

document prior to export from Haiti. However, for goods exported

during the period February 1, 1994 through February 28, 1994, the

importer may type this information on the front of the original

export document.

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

56 FR 51201, published on October 10, 1991.

Requirements for participation in the Special Access Program are

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

11, 1986; 52 FR 6053, published on February 27, 1987; 52 FR 26057,

published on July 10, 1987; and 54 FR 50425, published on December 6,

1989.

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.

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

January 26, 1994.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: This directive cancels and supersedes the

monitoring directives issued to you on December 3, 1992 and December

8, 1993, by the Chairman, Committee for the Implementation of

Textile Agreements. You are directed to retain monitoring data for

the period beginning on January 1, 1994 and apply these charges to

the limits established in this directive.

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

as amended (7 U.S.C. 1854); pursuant to the Memorandum of

Understanding dated December 30, 1993, between the Governments of

the United States and Haiti; 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 and man-made fiber textile products in the

following categories, produced or manufactured in Haiti and exported

during the twelve-month period beginning on January 1, 1994 and

extending through December 31, 1994, in excess of the following

levels of restraint:

------------------------------------------------------------------------

Category Twelve-month restraint limit\1\

------------------------------------------------------------------------

331................................ 504,990 dozen pairs.

340/640............................ 504,990 dozen.

341/641............................ 484,791 dozen.

347/348............................ 568,114 dozen.

350................................ 69,436 dozen.

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\1\The limits have not been adjusted to account for any imports exported

after December 31, 1993.

This directive cancels and supersedes the directive issued to

you on October 7, 1991, by the Chairman, Committee for the

Implementation of Textile Agreements, which directed you, until

further notice, to waive export visa and certification requirements

for textile products, produced or manufactured in Haiti and exported

from Haiti.

Effective on February 1, 1994, you are directed to require a

visa or certification for all shipments of textile products,

produced or manufactured in Haiti and exported from Haiti on or

after February 1, 1994. Goods exported from Haiti during the period

February 1, 1994 through February 28, 1994 shall not be denied entry

for lack of a visa or certification. Goods exported from Haiti on or

after March 1, 1994 shall be denied entry if not accompanied by an

appropriate export visa or certification.

In accordance with the provisions 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), and pursuant to current

bilateral textile agreement, as amended, between the Governments of

the United States and Haiti, you are directed, effective on February

1, 1994, to establish guaranteed access levels for properly

certified cotton and man-made fiber textile products in the

following categories which are assembled in Haiti from fabric formed

and cut in the United States and re-exported to the United States

from Haiti during the twelve-month period beginning on January 1,

1994 and extending through December 31, 1994. Shipments of these

products which are exported from Haiti to the United States prior to

February 1, 1994 shall be charged to the existing quota level for

that category.

------------------------------------------------------------------------

Category Guaranteed access level

------------------------------------------------------------------------

331................................ 500,000 dozen pairs.

340/640............................ 440,000 dozen.

341/641............................ 400,000 dozen.

347/348............................ 800,000 dozen.

350................................ 120,000 dozen.

------------------------------------------------------------------------

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 February 19, 1987, as

amended, shall be denied entry unless the Government of Haiti

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.

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

February 19, 1987 directive to require that the complete name and

address of a company actually involved in the manufacturing process

of the textile product covered by the visa or certification be

placed on the textile export document. This information shall appear

on the export document prior to export from Haiti. However, for

goods exported during the period February 1, 1994 through February

28, 1994, the importer may type this information on the front of the

original export document.

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,

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

[FR Doc. 94-2252 Filed 1-31-94; 8:45 am]

BILLING CODE 3510-DR-F