Announcement of Import Restraint Limits and Guaranteed Access Levels and Amendment of Visa Requirements for Certain Cotton, Wool and Man-Made Fiber Textile Products Produced or Manufactured in Guatemala

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Announcement of Import Restraint Limits and Guaranteed Access

Levels and Amendment of Visa Requirements for Certain Cotton, Wool and

Man-Made Fiber Textile Products Produced or Manufactured in Guatemala

March 15, 1995.

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

ACTION: Issuing a directive to the Commissioner of Customs establishing

import limits and guaranteed access levels and amending visa

requirements.

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EFFECTIVE DATE: March 23, 1995.

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).

A Memorandum of Understanding (MOU) dated March 3, 1995 between the

Governments of the United States and Guatemala, among other things,

establishes specific limits and guaranteed access levels (GALs) for

certain cotton, wool and man-made fiber textile products for the period

beginning on January 1, 1995 and extending through December 31, 1995.

The specific limits may be subject to revision pursuant to the

Uruguay Round Agreement on Textiles and Clothing (ATC) on the date that

Guatemala becomes a member of the World Trade Organization.

Beginning on March 23, 1995, the U.S. Customs Service will start

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

and cut parts in Category 443 that are destined for Guatemala and

subject to the GAL established for Category 443 for the period

beginning on January 1, 1995 and extending through December 31, 1995.

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 443

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

Guatemala in order to qualify for entry under the Special Access

Program.

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

Commissioner of Customs to establish limits and GALs for certain

categories for 1995 and to begin signing the first section of form ITA-

370P for Category 443. Textile products in Category 443, produced or

manufactured in Guatemala and exported from Guatemala on and after

March 23, 1995 shall require a visa.

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

59 FR 66522, published on December 27, 1994.

Requirements for participation in the Special Access Program are

available in Federal Register notice 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 3079, published on January 30, 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.

Rita D. Hayes,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

March 15, 1995.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: Effective on March 23, 1995, you are directed

to cancel the counting letter issued to you on December 14, 1994 by

the Chairman, Committee for the Implementation of Textile Agreements

which directed you to count imports of wool textile

[[Page 14932]] products in Category 443 for the period beginning on

November 21, 1994 and extending through November 20, 1995.

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

as amended (7 U.S.C. 1854), and a Memorandum of Understanding (MOU)

dated March 3, 1995 between the Governments of the United States and

Guatemala; and in accordance with the provisions of Executive Order

11651 of March 3, 1972, as amended, you are directed to prohibit,

effective on March 23, 1995, 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 Guatemala and exported

during the period beginning on January 1, 1995 and extending through

December 31, 1995, in excess of the following restraint limits:

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Category Twelve-month limit\1\

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340/640............................ 1,080,379 dozen.

347/348............................ 1,293,629 dozen.

351/651............................ 227,900 dozen.

443................................ 68,344 numbers.

448................................ 42,821 dozen.

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

after December 31, 1994.

Imports charged to these category limits, except Category 443,

for the period January 1, 1994 through December 31, 1994 shall be

charged against those levels of restraint to the extent of any

unfilled balances. In the event the limits established for that

period have been exhausted by previous entries, such goods shall be

subject to the levels set forth in this directive.

Should Guatemala become a member of the World Trade Organization

(WTO), the limits set forth above will be subject to adjustment in

the future pursuant to the Uruguay Round Agreement on Textiles and

Clothing and any administrative arrangements notified to the

Textiles Monitoring Body.

For visa purposes, you are directed, effective on March 23,

1995, to amend further the directive dated January 24, 1990 to

require a visa for textile products in Category 443, produced or

manufactured in Guatemala and exported from Guatemala on and after

March 23, 1995. Goods in Category 443 which are exported during the

period March 23, 1995 through April 22, 1995 shall not be denied

entry for the lack of a visa. Goods in Category 443 which are

exported after April 22, 1995 must be accompanied by an appropriate

export visa.

Beginning on March 23, 1995, the U.S. Customs Service is

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

shipments of U.S. formed and cut parts in Category 443 that are

destined for Guatemala and re-exported to the United States on and

after March 23, 1995.

Additionally, pursuant to the Memorandum of Understanding dated

March 3, 1995 between the Governments of the United States and

Guatemala; and 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 March 23, 1995, guaranteed

access levels are being established for properly certified textile

products assembled in Guatemala from fabric formed and cut in the

United States in the following categories which are re-exported to

the United States from Guatemala during the period January 1, 1995

through December 31, 1995:

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Category Guaranteed access level

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340/640............................ 520,000 dozen.

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

351/651............................ 200,000 dozen.

443................................ 25,000 numbers.

448................................ 42,000 dozen.

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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 January 24, 1990, as

amended, shall be denied entry unless the Government of Guatemala

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.

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. 95-6857 Filed 3-20-95; 8:45 am]

BILLING CODE 3510-DR-F