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 Taiwan

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 Taiwan

October 29, 1997.

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

[[Page 58944]]

ACTION: Issuing a directive to the Commissioner of Customs

consolidating and amending visa requirements.

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

EFFECTIVE DATE: November 1, 1997.

FOR FURTHER INFORMATION CONTACT: Lori E. Mennitt, International Trade

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

Commerce, (202) 482-3400.

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 exchange of letters, the American Institute in Taiwan (AIT) and

the Taipei Economic and Cultural Representative Office (TECRO) agreed

to amend the existing visa arrangement for textile products, produced

or manufactured in Taiwan and exported on and after November 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 TECRO. 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 Taiwan and exported on and

after November 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 61 FR 66263, published on December 17, 1996). Also see

56 FR 26656, published on June 10, 1991.

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.

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

October 29, 1997.

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 June 5, 1991, 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 Taiwan for which the

Coordination Council for North American Affairs (CCNAA) 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); and pursuant to the Export Visa

Arrangement, effected by exchange of letters dated September 3 and

23, 1997, between the American Institute in Taiwan (AIT) and the

Taipei Economic and Cultural Representative Office (TECRO) (formerly

the CCNAA); and in accordance with the provisions of Executive Order

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

effective on November 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 I), produced or

manufactured in Taiwan and exported on and after November 1, 1997

for which TECRO has not issued an appropriate export visa and

Electronic Visa Information System (ELVIS) transmission or exempt

certification 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. Merchandise

exported on or after the date the category(s) is added to the

agreement or becomes subject to import quotas shall require a visa

signifying the new designation.

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

(also known as the Textile Export Visa). 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 Taiwan is ``TW''), and a six

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

7TW123456.

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 Taiwan.

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 (HTS 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., quota Category 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 TECRO or its authorized agents or a waiver may be issued by the

U.S. Department of Commerce at the request of TECRO or its

authorized agents 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. Visa

waivers will only be issued for classification disputes or for one

time special purpose shipments that are not part of an ongoing

commercial enterprise.

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. A new visa number

must begin with the numeric digit corresponding with the last digit

of the year of export as previously stated.

The complete name and address of a company actually involved in

the manufacturing process of the textile product covered by the visa

shall be provided on the textile visa document.

[[Page 58945]]

ELVIS Requirements:

An ELVIS transmission as well as an export visa is required for

each non-exempt entry subject to this directive.

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 Taiwan is ``TW''), and a six

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

7TW123456.

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 of 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 (HTS or successor documents).

IV. The manufacturer ID number (MID). The MID shall begin with

``TW,'' followed by the first three characters from each of the

first two words of the name of the manufacturer, followed by the

largest number on the address line up to the first four digits,

followed by three letters from the city name.

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 orgin;

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

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, or

V. if the visa number has previously been used, or canceled,

except in the case of a split shipment, or if an entry has already

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 B.I-V will be released.

Visa waivers will only be considered for circumstances described in

paragraph B.I, if the shipment qualifies as a one time special

purpose shipment that is not part of an ongoing commercial

enterprise or for legitimate classification disputes.

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

is required for entries made using a visa waiver under the procedure

described above.

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.

F. If a shipment from Taiwan has been allowed entry into the

commerce of the United States with an incorrect visa, no visa, 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 II lists all the exempt products which will require a

``Non-Quota Exempt Certification.''

Other Provision:

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

exempt certification for entry and shall not be charged to the

agreement levels. All other commerical shipments of the above

mentioned require a visa along with an ELVIS transmission, or an

exempt certification for entry.

Any shipment which is not accompanied by a valid and correct

visa with an ELVIS transmission or exempt certification in

accordance with the foregoing provisions shall be denied entry by

the American Institute in Taiwan unless TECRO authorizes the entry

and any charges to the agreement levels.

The actions taken concerning Taiwan 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 I

Part Categories (Descriptions below are for general reference only.

Other miscellaneous products may also be included.)

347-W Men's and boys' woven cotton pants: only

HTS numbers 6103.19.2015, 6103.19.9020,

6103.22.0030, 6103.42.1020, 6103.42.1040,

6103.49.8010, 6112.11.0050, 6113.00.9038,

6203.19.1020, 6203.19.9020, 6203.22.3020,

6203.42.4005, 6203.42.4010, 6203.42.4015,

6203.42.4025, 6203.42.4035, 6203.42.4045,

6203.49.8020, 6210.40.9033, 6211.20.1520,

6211.20.3810 and 6211.32.0040.

348-W Women's and girls' woven cotton pants:

only HTS numbers 6204.12.0030,

6204.19.8030, 6204.22.3040, 6204.22.3050,

6204.29.4034, 6204.62.3000, 6204.62.4005,

6204.62.4010, 6204.62.4020, 6204.62.4030,

6204.62.4040, 6204.62.4050, 6204.62.4055,

6204.62.4065, 6204.69.6010, 6204.69.9010,

6210.50.9060, 6211.20.1550, 6211.20.6810,

6211.42.0030 and 6217.90.9050.

359-C Coveralls and overalls: only HTS numbers

6103.42.2025, 6103.49.8034, 6104.62.1020,

6104.69.8010, 6114.20.0048, 6114.20.0052,

6203.42.2010, 6203.42.2090, 6204.62.2010,

6211.32.0010, 6211.32.0025 and

6211.42.0010.

359-H Headwear: only HTS numbers 6505.90.1540

and 6505.90.2060.

359-O Other: all HTS numbers except those in

Category 359-C and Category 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-S Shop towels: only HTS number 6307.10.2005.

369-O Other: all HTS numbers except those in

Category 369-L and Category 369-S.

640-Y Shirts with two or more colors in the warp

and/or filling: only HTS numbers

6205.30.2010, 6205.30.2020, 6205.30.2050

and 6205.30.2060.

640-O Other shirts: all HTS numbers except those

in Category 640-Y.

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-O Other blouses: all HTS numbers except

those in Category 641-Y.

647-W Men's and boys' woven man-made fiber

pants: only HTS numbers 6203.23.0060,

6203.23.0070, 6203.29.2030, 6203.29.2035,

6203.43.2500, 6203.43.3500, 6203.43.4010,

6203.43.4020, 6203.43.4030, 6203.43.4040,

6203.49.1500, 6203.49.2015, 6203.49.2030,

6203.49.2045, 6203.49.2060, 6203.49.8030,

6210.40.5030, 6211.20.1525, 6211.20.3820

and 6211.33.0030.

[[Page 58946]]

648-W Women's and girls' woven man-made fiber

pants: only HTS numbers 6204.23.0040,

6204.23.0045, 6204.29.2020, 6204.29.2025,

6204.29.4038, 6204.63.2000, 6204.63.3000,

6204.63.3510, 6204.63.3530, 6204.63.3532,

6204.63.3540, 6204.69.2510, 6204.69.2530,

6204.69.2540, 6204.69.2560, 6204.69.6030,

6204.69.9030, 6210.50.5035, 6211.20.1555,

6211.20.6820, 6211.43.0040 and

6217.90.9060.

659-C Coveralls and overalls: only HTS numbers

6103.23.0055, 6103.43.2020, 6103.43.2025,

6103.49.2000, 6103.49.8038, 6104.63.1020,

6104.63.1030, 6104.69.1000, 6104.69.8014,

6114.30.3044, 6114.30.3054, 6203.43.2010,

6203.43.2090, 6203.49.1010, 6203.49.1090,

6204.63.1510, 6204.69.1010, 6210.10.9010,

6211.33.0010, 6211.33.0017 and

6211.43.0010.

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

Category 659-C, Category 659-H and

Category 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-T Tents and tarpaulins: only HTS numbers

6306.12.0000, 6306.19.0010 and

6306.22.9030.

669-O Other: all HTS numbers except those in

Category 669-P and Category 669-T.

670-H Handbags: only HTS numbers 4202.22.4030

and 4202.22.8050.

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

Category 670-H and Category 670-L.

Merged Categories and Subcategories

225/317/326

300/301/607

333/334/335

338/339

347/348

347-W/348-W

350/650

352/652

359-C/659-C

359-H/659-H

369-L/670-L/870

445/446

447/448

613/614/615/617

619/620

625/626/627/628/629

633/634/635

633/634

638/639

645/646

647/648

647-W/648-W

Annex II

Exempt Products Requiring Exempt Certification

1. Pincushions.

2. Embroideries (needle work), of man-made fibers with designs

embroidered with wool thread.

3. Hand-made carpets, i.e., in which the pile was inserted or knotted by

hand.

4. Christmas or Easter ornaments having a non-textile core or a non-

textile structural frame and man-made fiber textile covering.

5. Martial arts uniforms, such as Kung Fu, Karate, and Judo uniforms.

6. Toy (novelty) animals, birds or insects with a plastic wire or other

non-textile core that are covered or decorated with a textile thread or

fiber.

7. Traditional Chinese caps.

8. Traditional Chinese garments:

Jackets--three quarter length or shorter, or woven fabrics,

usually with Chinese figures in the weave but may be plain/woven

otherwise figured or printed. They have a low Mandarin collar, long

sleeves and full frontal openings, with ``front'' type closures (looped

fastenings made of braid, cording, etc., used with a matching knot or

toggle of the same material.)

Fur or imitation fur-lined jackets-- which may or may not be

reversible and are otherwise identical in appearance and construction

with the jackets described above.

Vests--sleeveless garments extending from the neck area to

waist with or without pockets at the waist. They are otherwise

identical in appearance and construction with the jackets described

above.

[FR Doc. 97-29006 Filed 10-30-97; 8:45 am]

BILLING CODE 3510-DR-F