Establishment of a New Export Visa Arrangement and Certification Requirements for Certain Cotton, Wool, Man-Made Fiber, Silk-Blend and Non-Cotton Vegetable Fiber Textiles and Textile Products Produced or Manufactured in Colombia

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Establishment of a New Export Visa Arrangement and Certification

Requirements for Certain Cotton, Wool, Man-Made Fiber, Silk-Blend and

Non-Cotton Vegetable Fiber Textiles and Textile Products Produced or

Manufactured in Colombia

December 5, 1995.

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

ACTION: Issuing a directive to the Commissioner of Customs establishing

new export visa and certification requirements.

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EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT: Jennifer Aldrich, 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).

On October 31, 1995 representatives of the Governments of the

United States and the Republic of Colombia signed an agreement to

establish a new export visa arrangement and certification requirements

for certain cotton, wool, man-made fiber, silk-blend and other

vegetable fiber textiles and textile products, produced or manufactured

in Colombia and exported from Colombia on and after November 10, 1995.

Goods exported during the period November 10, 1995 through December 31,

1995 shall not be denied entry for lack of a visa or certification. All

goods exported after January 1, 1996 must be accompanied by an

appropriate export visa or certification. Certain merchandise shall be

exempt from quota requirements.

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

Commissioner of Customs to prohibit entry of certain textile products,

produced or manufactured in Colombia and exported from Colombia for

which the Government of the Republic of Colombia has not issued an

appropriate export visa or certificate.

Facsimiles of export visa and certification stamps are on file at

the U.S. Department of Commerce in Room 3100.

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 59 FR 65531, published on December 20, 1994). Also see

60 FR 45144, published on August 30, 1995; 60 FR 45145, published on

August 30, 1995; 60 FR 53762, published on October 17, 1995.

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; and 54 FR 50425,

published on December 6, 1989. Also see 41 FR 30707, published on July

26, 1976.

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, will meet

the visa and certification requirements set forth in the letter

published below to the Commissioner of Customs.

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

December 5, 1995.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: This directive cancels and supersedes the

directive issued to you on July 20, 1976, as amended, by the

Chairman, Committee for the Implementation of Textile Agreements.

That directive directed you to prohibit entry of certain cotton,

wool, man-made fiber, silk blend, and other vegetable fiber textiles

and textile products, produced or manufactured in Colombia and

exported from Colombia for which the Government of the Republic of

Colombia has not issued an appropriate export visa or certificate.

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

as amended (7 U.S.C. 1854); pursuant to the Export Visa Arrangement

dated October 31, 1995 between the Governments of the United States

and the Republic of Colombia; and in accordance with the provisions

of Executive Order 11651 of March 3, 1972, as amended, you are

directed to prohibit, effective on December 6, 1995, 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, man-made fiber, silk-blend, and other vegetable fiber textiles

and textile products in Categories 200-239, 300-369, 400-469, 600-

670, and 800-899, including merged and part categories, produced or

manufactured in Colombia and exported from Colombia on and after

November 10, 1995 for which the Government of the Republic of

Colombia has not issued an appropriate export visa fully described

below. Should additional categories, merged categories or part

categories become subject to import quota the entire category(s) or

part category(s) shall be included in the coverage of this

arrangement. Goods exported during the period November 10, 1995

through December 31, 1995 shall not be denied entry for lack of a

visa or certification.

A visa must accompany each commercial shipment of the

aforementioned textile products. A circular stamped marking in blue

ink will appear on the front of the original commercial invoice. 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 numerical digit for the

last digit of the year of export, followed by the two character

alpha country code specified by the International Organization for

Standardization (ISO) (the code for Colombia is ``CO''). These first

two codes shall be followed by the number ``1'' and a five-digit

serial number identifying the shipment, e.g., 5CO112345.

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 of the

Government of the Republic of Colombia.

4. The correct category(s), merged category(s), part

category(s), quantity(s) and unit(s) of quantity in the shipment as

set forth in the U.S. Department of Commerce Correlation or

successor document and in the Harmonized Tariff Schedule of the

United States Annotated (HTSUSA or successor documents) shall be

reported in the spaces provided within the visa stamp (e.g., ``Cat.

352-510 DZ'').

Quantities must be stated in whole numbers. Decimals or

fractions will not be accepted. Merged category quota merchandise

may be accompanied by either the appropriate merged category visa or

the correct category visa corresponding to the actual shipment

(e.g., Categories 352/652 may be visaed as 352/652 or if the

shipment consists solely of 352 merchandise, the shipment may be

visaed as ``Cat. 352,'' but not as ``Cat. 652'').

U.S. Customs 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 or

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

[[Page 63513]]

and only the amount entered shall be charged to any applicable quota.

The complete name and address of the actual manufacturer of the

textile product must be included on the visa document. If a textile

product has been processed by more than one manufacturer, the

complete name and address of the last firm to substantially

transform the article into a new and different article of commerce

must be listed on the visa document.

If the visa is not acceptable then a new visa must be obtained

from the Government of the Republic of Colombia, or a visa waiver

may be issued by the U.S. Department of Commerce at the request of

the Embassy of Colombia in Washington, DC, and presented to the U.S.

Customs Service before any portion of the shipment will be released.

The waiver, if used, only waives the requirement to present a visa

with the shipment. It does not waive the quota requirement.

If the visaed invoice is deficient, the U.S. Customs Service

will not return the original document after entry, but will provide

a certified copy of that visaed invoice.

If import quotas are in force, U.S. Customs Service shall charge

only the actual quantity in the shipment to the correct category

limit. If a shipment from Colombia has been allowed entry into the

commerce of the United States with either an incorrect category

classification or misstatement of the quantity, and redelivery is

requested but cannot be made, U.S. Customs shall charge the shipment

to the correct category limit whether or not a replacement visa or

visa waiver is provided.

Each shipment of items to be exempted from the bilateral

agreement shall be accompanied by a certification issued by the

Government of the Republic of Colombia. The certification shall be a

stamped marking in blue ink on the front of the invoice.

The Government of the Republic of Colombia will include the

following information on each certification:

1. authorized signature and title of the official issuing the

certification;

2. identify the items exempted;

3. date the certificate was signed and certified;

4. certificate number.

5. in the space marked ``Description'' indicate that the

shipment is either ``less than $250,'' ``a cottage industry product

of handloom fabric,'' or the name of the particular Colombian

traditional folklore products as listed in Annex A.

An export visa will not be required for shipments of certified

exempt items.

Each shipment of textile products which has been assembled in

the Republic of Colombia wholly from components cut in the United

States from U.S. formed fabric which are subject to the Andean

Special Access Textile Program as set out in the Agreement shall be

so certified by the Government of the Republic of Colombia. This

certification shall be presented to the U.S. Customs Service before

entry, or withdrawal from warehouse for consumption, into the

customs territory of the United States (the 50 states and Puerto

Rico).

Each shipment shall be certified by the stamping of the original

rectangular-shaped stamped marking in blue ink on the front of the

original commercial invoice. The original copy of the invoice with

the original certification will be required in order to enter the

shipment into the United States. Duplicate copies of the invoice

and/or certification may not be used.

Each certification shall include the following information:

1. The certification number. The certification number shall be

nine digits and letters. It shall begin with one digit for the last

digit of the year of export followed by the two character country

code for Colombia, which is ``CO.'' These first two codes shall be

followed by the number ``2'' and a five-digit serial number

identifying the shipment, e.g., 5CO212345.

2. The date of issuance. The date of issuance shall be the day,

month and year in which the visa was issued.

3. The original signature of the issuing official of the

Government of the Republic of Colombia.

4. The correct category(s), merged category(s), part

category(s), quantity(s), and unit(s) of quantity in 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 Annotated (HTSUSA or successor documents) shall be

reported in the spaces provided within the visa stamp (e.g., ``Cat.

352-510 DZ'').

Quantities must be stated in whole numbers. Decimals or

fractions will not be accepted. Merged category quota merchandise

may be accompanied by either the appropriate merged category visa or

the correct category visa corresponding to the actual shipment

(e.g., Categories 352/652 may be visaed as 352/652 or if the

shipment consists solely of 352 merchandise, the shipment may be

visaed as ``Cat. 352,'' but not as ``Cat. 652'').

U.S. Customs shall not permit entry if the shipment does not

have a certification number, date of issuance, signature, category,

quantity or units of quantity are missing, incorrect or illegible,

or have been crossed out or altered in any way. If the quantity

indicated on the certification is less than that of the shipment,

entry shall not be permitted. If the quantity indicated on the

certification is more than that of the shipment, entry shall be

permitted and only the amount entered shall be charged to any

applicable quota.

Entry of textile products subject to the certification system

outlined above into the customs territory of the United States will

be permitted only for those shipments accompanied by:

1. A valid certification by the Government of the Republic of

Colombia.

2. A completed copy of form ITA-370P or successor document with

a proper declaration by the Colombian assembler that the articles

were subject to assembly in Colombia from parts described on that

declaration; and

3. A proper importer's declaration.

Any shipment which is not accompanied by a valid and correct

certification in accordance with the foregoing provisions shall be

denied entry by the Government of the United States. If U.S. Customs

determines that the certification is invalid because of an error,

and the remaining documentation fulfills requirements for entry

under the Andean Special Access Textile Program then a new

certification from the Government of the Republic of Colombia must

be obtained or a visa waiver issued by the U.S. Department of

Commerce at the request of the Government of the Republic of

Colombia must be obtained and presented to the U.S. Customs Service

before any portion of the shipment will be released.

Any shipment found not to be in compliance with the provisions

of the Andean Special Access Textiles Program relating to trade in

textile products wholly assembled of U.S. components cut from U.S.

formed fabrics, may be permanently denied entry under this program.

Merchandise imported for the personal use of the importer and

not for resale, regardless of value, and properly marked or

mutilated commercial sample shipments valued at U.S.$250 or less, do

not require a visa or certification for entry and shall not be

charged to existing quota levels.

Visaed merchandise and products eligible for the Andean Special

Access Textiles Program may not appear on the same invoice.

The visa and certification stamps are enclosed. The

certification stamp for exempt items remains unchanged.

The actions taken concerning the Government of the Republic of

Colombia with respect to imports of textiles and textile products in

the foregoing categories have been determined by the Committee for

the Implementation of Textile Agreements to involve foreign affairs

functions of the United States. Therefore, these directions to the

Commissioner of Customs, which are necessary for the implementation

of such 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,

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

Annex A--Colombian Traditional Folklore Handicraft Textile Products

``Colombian Items'' are

traditional Colombian

products, cut, sewn or

otherwise fabricated by hand

in cottage units of the

cottage industry. The

following is the agreed upon

list of such items:

1. Bedspread: Bedspread made on

manual loom.

2. Blouse with crochet knitted

neck: A blouse made of greige

cloth heavily decorated around

the neck, extending down the

front and around the sleeves

with hand crochet work. This

blouse also has embroidered

panels extending down the

front on either side of the

crochet work.

[[Page 63514]]

3. Embroidered Blouse: Hand cut

and hand sewn blouse with

extensive hand embroidery on

the upper front and lower

portions.

4. Embroidered Skirt: Hand cut and

hand sewn skirt with extensive

hand embroidery.

5. Blankets, Hand Woven: These

colorful blankets are hand

woven from wool, cotton or

wool and cotton, heavy yarns

to form striped or block

patterns. The ends may be

finished with spangles formed

by the ends of the yarn and

knotted, or may be hemmed.

6. Indian Embroidered Cloth: Cloth

panels hand embroidered with

various crude and colorful

Indian scenes. Generally these

cloths are used as wall

hangings.

7. Typical Colombia Dress: An

ankle length dress with a very

wide skirt trimmed with wide

handmade lace. The entire

dress is hand cut and hand

sewn and is a typical dress

for gaiety affairs.

8. Typical Guajira Dress: A

traditional loose fitting

women's garment formed by a

folded rectangular piece of

fabric with a hole or slot in

the center for the head, with

intricate embroidery around

the neck. This dress is made

similar to a ruana, but has

the outer edges sewn together

except for slots for the hands

and arms, and has closures on

the front.

9. Typical Mapale Dress: A knee

length dress consisting of

very wide skirt having a row

of heavy ruffles around the

blouse portion and two bands

of wide ruffles forming the

skirt. A very gay colored

festival dress.

10. Typical Mestiza Dress: A native

handmade dress with wide

neckline, ruffled collar and

wide skirt and with ruffles on

the lower part of the skirt.

11. Hammock: Multicolored stripped

hammocks made by hand from

coarse fabrics. Ends are

formed and reinfored with

strong rope.

12. Jacket, hand knitted: Wholly

hand knitted jacket. These

jackets are usually knitted

from wool yarns. Patched

pockets, also hand knitted,

are hand sewn to the garment.

13. Jacket of hand loomed fabric:

These jackets are wholly hand

made from hand loomed fabrics.

Patched pockets, also of hand

loomed fabric, are hand sewn

to the garment.

14. Ruana: A cloak made from a

heavy rectangular piece of

fabric or a blanket with hole

in the center for the head to

pass through. This is a

typical garment worn by men,

women and children throughout

the higher and cooler

altitudes of Colombia. The

men's ruana will generally

have no fringes. Women's

ruanas may have fringes and

are sometimes slit from the

neck opening to the edge to

permit the wearer to put it on

as a cape. Children's ruanas

sometimes have a color around

the opening with draw strings

for a close fit. These

garments are sometimes known

as ponchos.

15. Rugs, hand woven or hand

knotted: These rugs are

usually made from wool yarns

and are either wholly hand

woven or hand knotted. They

are generally square or

rectangular in shape and are

in colorful designs.

16. Macrame Shawl: Hand made shawls

wholly of macrame lace or with

macrame lace edge. The shawls

are in various colors with the

typical long fringe around the

lower edges.

17. Sweaters and Cardigans, hand

knitted: Wholly hand knitted

sweaters and cardigans,

generally a bulky knit with

decorative vertical patterns.

18. Table Cloths and Napkins,

embroidered: Table cloths and

napkins cut and hemmed by hand

and extensively embroidered by

hand.

19. Colorful waist band: Hand

plaited waist bands in

multicolors. These are

sometimes sewn together to

form wide bands.

20. Wall hangings, rectangular: A

colorful wall hanging made

from coarse yarns connected to

decorative crudely woven

bands. These are hand made and

come in various sizes.

21. Wall hanging, tree: Tree shaped

wall hangings formed by

connecting together crudely

woven bands in graduated sizes

with coarse yarns to form the

outline of a tree. The wall

hanging is decorated with

small balls of cotton fiber.

22. Indian Color Knapsack: Knapsack

made with belt like woven or

plaited strap and multicolored

bag, to be worn on the

shoulder.

23. Pillow Covers, Embroidered by

hand: Covers for throw pillow

containing extensive hand

embroidery covering 50 percent

or more of the outer surface

of the cover.

24. Hand made macrame handbags

25. Molas: Hand appliqued layers of

different colors, forming

geometric and abstract

designs, made of cotton

material.

26. Santa Rosa Tapestries,

Bedspreads and Pillowcases:

Tapestries, bedspreads and

pillowcases, of vivid colors,

with hand appliqued figures

forming landscapes and folk

scenes, made of cotton

material.

[FR Doc. 95-30097 Filed 12-8-95; 8:45 am]

BILLING CODE 3510-DR-F