Clarification of Guidelines for Exempt Certifications for ``India Items''

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Clarification of Guidelines for Exempt Certifications for ``India

Items''

January 13, 1995.

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

ACTION: Issuing a directive to the Commissioner of Customs clarifying

guidelines for exempt certifications.

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

EFFECTIVE DATE: January 26, 1995.

FOR FURTHER INFORMATION CONTACT: Jennifer Tallarico, International

Trade Specialist, Office of Textiles and Apparel, U.S. Department of

Commerce, (202) 482-4212.

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 31, 1994, the

Governments of the United States and India outlined further guidelines

for issuing and accepting exempt certifications for ``India items.''

These guidelines are to be used in conjunction with the ``Agreed List

of Traditional Folklore Handicraft Textile Products of India--India

Items'' (Annex E) of the Bilateral Cotton, Wool, Man-Made Fiber, Silk

Blend and Other Vegetable Fiber Textile of February 6, 1987, as amended

and extended.

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

Commissioner of Customs not to accept exempt certifications for

``Indian items'' which include closure devices such as zippers, elastic

(any form), elasticized fabric (any form), or hook-and-pile fasteners

(such as ``Velcro'' or other similar holding fabric). In addition, U.S.

Customs Service shall not accept items with buttons (including snap

buttons) used as a means of securing at the waist such Indian items as

salwar, ghagra/lahnga and pavadai. The design and/or ornamentations of

such items should be a uniquely ``traditional and historical Indian''

design.

Shipments of ``Indian items'' which do not conform with the

guidelines in Annex E of the bilateral agreement and the MOU of

December 31, 1994 shall be denied entry.

See 44 FR 68504, published on November 29, 1979.

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

January 13, 1995.

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 November 26, 1979, as amended, by the

Chairman, Committee for the Implementation of Textile Agreements.

That directive directed you to prohibit entry of certain textile

products, produced or manufactured in India for which the Government

of India has not issued an appropriate visa or exempt certification.

The purpose of this directive is to further clarify the

guidelines currently used by U.S. Customs Service in accepting

exempt certifications for textile products exported from India and

certified as ``India items,'' under the provisions of the bilateral

agreement.

In a Memorandum of Understanding dated December 31, 1994, the

Governments of the United States and India agreed that Indian items

may not include closure devices such as zippers, elastic (any form),

elasticized fabric (any form), or hook-and-pile fasteners (such as

``Velcro'' or other similar holding fabric). In addition, buttons

(including snap buttons) may not be used as a means of securing at

the waist such Indian items as salwar, ghagra/lahnga and pavadai.

When considering the design and/or ornamentations, it should be

a uniquely ``traditional and historical Indian'' design.

Effective on January 26, 1995, you are directed to deny entry of

textile products certified by the Government of India as ``India

items'' which do not conform with the current guidelines and the

guidelines provided in this directive.

The Committee for the Implementation of Textile Agreements has

determined that this action falls within the foreign affairs

exception to 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. 95-1797 Filed 1-24-95; 8:45 am]

BILLING CODE 3510-DR-F