Establishment of a New Export Visa Arrangement, Certification Requirements and Establishment of a Guaranteed Access Level for Certain Cotton and Man-Made Fiber Textile Products Produced or Manufactured in El Salvador

[[Page 2740]]

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Establishment of a New Export Visa Arrangement, Certification

Requirements and Establishment of a Guaranteed Access Level for Certain

Cotton and Man-Made Fiber Textile Products Produced or Manufactured in

El Salvador

January 6, 1995.

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

ACTION: Issuing a directive to the Commissioner of Customs establishing

export visa and certification requirements and a guaranteed access

level.

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EFFECTIVE DATE: January 11, 1995.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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).

The Export Visa Arrangement of December 27, 1994 between the

Governments of the United States and the Republic of El Salvador

establishes an export visa arrangement and certification requirements

for certain textile products, produced or manufactured in El Salvador

and exported from El Salvador on and after January 2, 1995. Goods

exported during the period January 2, 1995 through March 3, 1995 shall

not be denied entry for lack of a visa. All goods exported after March

3, 1995 must be accompanied by an appropriate visa or certification.

Beginning on January 11, 1995, 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 Categories 340/640 that are destined for El

Salvador and subject to the GAL established for Categories 340/640 the

period beginning on January 2, 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 Categories 340/

640 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 El

Salvador 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 59 FR 65531, published on December 20, 1994).

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.

Facsimiles of the visa and certification stamps for the Government

of the Republic of El Salvador are on file at the U.S. Department of

Commerce, Office of Textiles and Apparel, 14th and Constitution Avenue,

NW., room 3104, Washington, DC.

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.

D. Michael Hutchinson,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

Committee for the Implementation of Textile Agreements

January 6, 1995.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: Under the terms of section 204 of the

Agricultural Act of 1956, as amended (7 U.S.C. 1854), and pursuant

to the Export Visa Arrangement of December 27, 1994 between the

Governments of the United States and the Republic of El Salvador;

and in accordance with the provisions of Executive Order 11651 of

March 3, 1972, as amended, you are directed to prohibit, effective

on January 11, 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 and man made fiber textile

products in Categories 340/640, produced or manufactured in El

Salvador and exported from El Salvador on and after January 2, 1995

for which the Government of the Republic of El Salvador has not

issued an appropriate export visa or certification fully described

below. Should additional categories, merged categories or part

categories be added to the bilateral agreement, the entire

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

this arrangement on an agreed effective date. However, goods

exported during the period January 2, 1995 through March 3, 1995

shall not be denied entry for lack of a visa. All goods exported

after March 3, 1995 must be accompanied by an appropriate visa or

certification.

A visa must accompany each commercial shipment of the

aforementioned textile products, unless under the Special Access

Program. 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 El Salvador is ``SV''). The first

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

serial number identifying the shipment; e.g., 5SV100002.

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.

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, as

amended.

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 340/640 may be visaed as 340/640 or if the

shipment consists solely of 340 merchandise, the shipment may be

visaed as ``Cat. 340,'' but not as ``Cat. 640'').

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.

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 and only

the amount entered shall be charged to any applicable quota.

If the visa is not acceptable then a new visa and correct visa

must be obtained from the Government of the Republic of El Salvador,

or a visa waiver may be issued by the U.S.

[[Page 2741]]

Department of Commerce at the request of the Government of the

Republic of El Salvador, 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 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 El Salvador has been allowed entry into

the commerce of the United States with either an incorrect visa or

no visa, 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 textile products which has been assembled in

the Republic of El Salvador wholly from components cut in the United

States from U.S.-formed fabric which is subject to the Guaranteed

Access Level shall be so certified by the Government of the Republic

of El Salvador. 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, the District of Columbia and Puerto Rico).

A certification must accompany each commercial shipment of the

aforementioned textile products. A rectangular stamped marking in

blue ink will appear on the front of the original commercial

invoice. The original certification shall not be stamped on

duplicate copies of the invoice. The original invoice with the

original certification stamp will be required to enter the shipment

into the United States. Duplicates of the invoice and/or

certification may not be used for this purpose.

Each certification shall include the following information:

1. The certification number. The certification 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 El

Salvador is ``SV''). The first two codes shall be followed by the

number ``2'' and a five-digit serial number identifying the

shipment; e.g., 5SV200002.

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.

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, as

amended.

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 level.

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:

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

Salvador.

B. A completed copy of the CBI Export Declaration (U.S.

Department of Commerce Form ITA-370P) with a proper declaration by

the Republic of El Salvador assembler that the articles were subject

to assembly in the Republic of El Salvador from parts described on

that CBI Export Declaration; and

C. 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 Caribbean Basin Textile Special Access Program, then a new

certification from the Government of the Republic of El Salvador

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 El

Salvador 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 Special Access 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.

Effective on January 11, 1995, you are directed to establish a

Guaranteed Access Level for cotton and man-made fiber textile

products in Categories 340/640 at 1,000,000 dozen for the period

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

1995.

Beginning on January 11, 1995, you are directed to start signing

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

and cut parts in Categories 340/640 that are destined for El

Salvador and subject to the GAL established for Categories 340/640

the January 1, 1995 through December 31, 1995 period.

Visaed merchandise and products eligible for the Caribbean Basin

Textile Special Access Program may not appear on the same invoice.

Merchandise imported for the personal use of the importer and

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

levels.

Facsimiles of the visa stamps are enclosed with this letter.

The actions taken concerning the Government of the Republic of

El Salvador 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,

D. Michael Hutchinson,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

BILLING CODE 3510-DR-F

[[Page 2742]]

[GRAPHIC] [TIFF OMITTED] TN11JA95.000

[FR Doc. 95-706 Filed 1-6-95; 3:40 pm]

BILLING CODE 3510-DR-C