Consolidation and Amendment of Export Visa Requirements to Include the Electronic Visa Information System for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and Textile Products Produced or Manufactured in Korea

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Consolidation and Amendment of Export Visa Requirements to

Include the Electronic Visa Information System for Certain Cotton,

Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and

Textile Products Produced or Manufactured in Korea

December 24, 1996.

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

ACTION: Issuing a directive to the Commissioner of Customs

consolidating and amending visa requirements.

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EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Ross Arnold, 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); Uruguay Round Agreements Act.

In exchange of notes dated November 12, 1996 and December 11, 1996,

the Governments of the United States and the Republic of Korea agreed

to amend the existing visa arrangement for textile products, produced

or manufactured in Korea and exported on and after January

[[Page 69083]]

1, 1997. The amended arrangement consolidates existing and new

provisions of the export visa arrangement, including provisions for the

Electronic Visa Information System (ELVIS). In addition to the ELVIS

requirements, shipments will continue to be accompanied by an original

visa stamped on the front of the original commercial invoice issued by

the Government of the Republic of Korea. Goods which currently require

an exempt certificate shall not require an ELVIS transmission, but will

continue to require the exempt certificate.

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

Commissioner of Customs to amend the existing visa requirements for

textile products produced or manufactured in Korea and exported on and

after January 1, 1997.

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 60 FR 65299, published on December 19, 1995). Also see

56 FR 18574, published on April 23, 1991. Information regarding the

1997 CORRELATION will be published in the Federal Register at a later

date.

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 requirements set forth in the letter published below to the

Commissioner of Customs.

Philip J. Martello,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

Committee for the Implementation of Textile Agreements

December 24, 1996.

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 April 17, 1991, as amended, by the

Chairman, Committee for the Implementation of Textile Agreements,

that 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 Korea for which the

Government of the Republic of Korea has not issued an appropriate

export visa or exempt certification.

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,

effected by exchange of notes dated November 12, 1996 and December

11, 1996, between the Governments of the United States and the

Republic of Korea; and in accordance with the provisions of

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

to prohibit, effective on January 1, 1997, 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 part categories and merged categories (see Annex A),

produced or manufactured in Korea and exported on and after January

1, 1997 for which the Government of the Republic of Korea has not

issued an appropriate export visa or Electronic Visa Information

System (ELVIS) transmission fully described below. Should additional

categories, part categories or merged categories become subject to

import quota the entire category(s), part category(s) or merged

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

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 numeric 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 Korea is ``KR''), and a six

digit numerical serial number identifying the shipment; e.g.,

7KR123456.

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 Korea.

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 and in the

Harmonized Tariff Schedule of the United States, annotated or

successor documents, shall be reported in the spaces provided within

the visa stamp (e.g., ``Cat. 340-510 DOZ'').

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 347/348 may be visaed as 347/348 or if the

shipment consists solely of Category 347 merchandise, the shipment

may be visaed as ``Category 347,'' but not as ``Category 348'').

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 must be obtained

from the appropriate export association through their Korean

suppliers, or a visa waiver may be issued by the U.S. Department of

Commerce at the request of the Government of the Republic of Korea

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 for use in obtaining a new

correct original visaed invoice, or a visa waiver.

If a shipment from Korea 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, the shipment

will be charged to the correct category limit whether or not a

replacement visa or waiver is provided.

ELVIS Requirements:

A. Each ELVIS message will include the following information:

I. The visa number. The visa number shall be in the standard

nine digit letter format, beginning with one numeric 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 Korea is ``KR''), and a six

digit numerical serial number identifying the shipment; e.g.,

7KR123456.

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

month and year on which the visa was issued.

III. 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 and in the

Harmonized Tariff Schedule of the United States, annotated or

successor documents.

IV. The quantity of the shipment in the correct units of

quantity.

V. The manufacturer ID code.

B. Entry of a shipment shall not be permitted:

I. if an ELVIS transmission has not been received for the

shipment from the country of origin;

II. if the ELVIS transmission for that shipment is missing any

of the following:

a. visa number

b. category or part category

c. quantity

d. unit of measure

e. date of issuance

f. manufacturer ID number

[[Page 69084]]

III. if the ELVIS transmission for the shipment does not match

the information supplied by the importer or the Customs Broker

acting as an agent on behalf of the importer, with regard to any of

the following:

a. visa number

b. category or part category

c. unit of measure

IV. if the quantity being entered is greater than the quantity

transmitted.

V. if the visa number has previously been used, except in the

case of a split shipment, or cancelled, except when an entry has

been made using the visa number.

C. A new, correct ELVIS transmission from the country of origin

is required before a shipment that has been denied entry for one of

the circumstances mentioned in paragraph 3.B.I-V will be released.

D. A new, correct ELVIS transmission from the country of origin

is required for entries made using a visa waiver under the

procedures as previously described. Visa waivers will only be

considered for paragraph 3.B.I., if the shipment qualifies as a one-

time special purpose shipment that is not part of an ongoing

commercial enterprise, or legitimate classification disputes.

E. Shipments will not be released for forty-eight hours in the

event of a system failure. If system failure exceeds forty-eight

hours, for the remaining period of the system failure the U.S.

Customs Service will release shipments on the basis of the paper

visaed document.

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 Korea has been allowed entry into the

commerce of the United States with either an incorrect ELVIS

transmission, or no ELVIS transmission, and redelivery is requested

but cannot be made, the shipment will be charged to the correct

category limit whether or not a replacement visa or waiver is

provided or a new ELVIS message is transmitted.

Annex B lists all products exempt from quantitative levels of

the agreement with the Government of the Republic of Korea.

Other Provisions.

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,

exempt certification, or ELVIS transmission for entry and shall not

be charged to agreement levels, if applicable. All other commercial

shipments of the above mentioned require a visa or exempt

certification for entry.

The visa and certification stamps remain unchanged.

The actions taken concerning the Government of the Republic of

Korea 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,

Philip J. Martello,

Acting Chairman, Committee for the Implementation of Textile

Agreements.

Annex A

Part Categories

224-V Velvet: only HTS numbers 5801.21.0000,

5801.23.0000, 5801.24.0000, 5801.25.0010,

5801.25.0020, 5801.26.0010, 5801.26.0020,

5801.31.0000, 5801.33.0000, 5801.34.0000,

5801.35.0010, 5801.35.0020, 5801.36.0010

and 5801.36.0020.

224-O Other than velvet: all HTS numbers except

those in 224-V.

340-D Dress shirts: only HTS numbers

6205.20.2015, 6205.20.2020, 6205.20.2025

and 6205.20.2030.

340 Other than dress shirts: all HTS numbers

except those in 340-D.

359-H Headwear: only HTS numbers 6505.90.1540

and 6505.90.2060.

359-O Other: all HTS numbers except those in 359-

H.

369-L Luggage: only HTS numbers 4202.12.4000,

4202.12.8020, 4202.12.8060, 4202.92.1500,

4202.92.3015 and 4202.92.6090.

369-O Other: all HTS numbers except those in 369-

L.

459-W Woven headwear: only HTS number

6505.90.4090.

459-O Other: all HTS numbers except those in 459-

W.

640-D Dress shirts: only HTS numbers

6205.30.2010, 6205.30.2020, 6205.30.2030,

6205.30.2040, 6205.90.3030 and

6205.90.4030.

640-O Other than dress shirts: all HTS numbers

except those in 640-D.

641-Y Blouses with two or more colors in the

warp and/or filling: only HTS numbers

6204.23.0050, 6204.29.2030, 6206.40.3010

and 6206.40.3025.

641 Other: all HTS numbers except those in 641-

Y.

659-H Headwear: only HTS numbers 6502.00.9030,

6504.00.9015, 6504.00.9060, 6505.90.5090,

6505.90.6090, 6505.90.7090 and

6505.90.8090.

659-S Swimwear: only HTS numbers 6112.31.0010,

6112.31.0020, 6112.41.0010, 6112.41.0020,

6112.41.0030, 6112.41.0040, 6211.11.1010,

6211.11.1020, 6211.12.1010 and

6211.12.1020.

659-O Other: all HTS numbers except those in 659-

H and 659-S.

669-P Polypropylene bags: only HTS numbers

6305.32.0010, 6305.32.0020, 6305.33.0010,

6305.33.0020 and 6305.39.0000.

669-O Other: all HTS numbers except those in 669-

P.

670-L Luggage: only HTS numbers 4202.12.8030,

4202.12.8070, 4202.92.3020, 4202.92.3030

and 4202.92.9025.

670-O Other: all HTS numbers except those in 670-

L.

Merged Categories

300/301

317/326

613/614

619/620

625/626/627/628/629

333/334/335

338/339

342/642

347/348

351/651

353/354/653/654

445/446

633/634/635

638/639

645/646

647/648

369-L/670-L/870

Annex B

Exempt Products Requiring Exempt Certification (No Visa or ELVIS

transmission required)

1. Chima--The long, formless and ample skirt portion of the traditional

Korean chima-chogori dress set.

2. Chogori--The short halter-type blouse or top portion of the

traditional Korean chima-chogori dress set.

3. Bosun--An ankle boot-type article, wholly of cloth, worn by Korean

women indoors.

4. Fabrics--not to exceed 24x48 inches in size, containing hand

embroidered or hand painted Korean scenes, and used primarily as

decorations or art objects.

5. Handmade carpets--i.e., in which the pile was inserted, knotted by

hand and classified by the U.S. Customs Service under HTS 5701.10.1600,

5701.10.4000 (formerly 5701.10.2010) or 5703.20.1000.

6. Korean-style handbags and other flatgoods of the type considered by

the U.S. Customs Service to be classified as luggage-- Women's and

children's handbags, billfolds, card cases, coin purses, eyeglass cases

and similar flatgoods.

7. Martial Arts Uniforms.

8. Toys for animals.

[FR Doc. 96-33201 Filed 12-30-96; 8:45 am]

BILLING CODE 3510-DR-F