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 Malaysia

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 Malaysia

April 11, 1997.

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: May 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, the Governments of the United States and

Malaysia agreed to amend the existing visa arrangement for textile

products, produced or manufactured in Malaysia and exported on and

after May 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 Malaysia. 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 Malaysia and exported on

and after May 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

52 FR 32158, published on August 26, 1987.

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

April 11, 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 August 20, 1987, 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 Malaysia for which the

Government of Malaysia 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 Uruguay Round

Agreements Act, the Uruguay Round Agreement on Textiles and Clothing

(ATC) and the Export Visa Arrangement, effected by exchange of notes

between the Governments of the United States and Malaysia; and in

accordance with the provisions of Executive Order 11651 of March 3,

1972, as amended, you are directed to prohibit, effective on May 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 831-859, including part categories and

merged categories (see Annex A), produced or manufactured in

Malaysia and exported on and after May 1, 1997 for which the

Government of Malaysia has not issued an appropriate export visa,

exempt certification or Electronic Visa Information System (ELVIS)

transmission fully described below. Shipments covering merchandise

in Categories 800-810 and 863-899 do not require a visa. 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 Malaysia is ``MY''), and a six

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

7MY123456.

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 Malaysia.

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, 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

[[Page 18759]]

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 Malaysian Government or a visa waiver may be issued by the

U.S. Department of Commerce at the request of the Government of

Malaysia 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 Malaysia 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 Malaysia is ``MY''), and a six

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

7MY123456.

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

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

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 legitimate classification

purposes, or for paragraph B.I-V if the shipment qualifies as a one-

time special purpose shipment that is not part of an ongoing

commercial enterprise.

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.

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 Malaysia 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.

Exempt certification requirements:

Shipments of certified hand printed batik, defined as fabric to

which the design has been applied by hand in units of the Malaysian

cottage industry, shall be exempt from the quota levels if they are

certified prior to leaving Malaysia, by the placing of the original

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

original commercial invoice. The original exempt certification shall

not be affixed to duplicate copies of the invoice. The original copy

of the invoice with the original exempt certification will be

required to enter the shipment into the United States. Duplicate

copies of the invoice and/or exempt certification may not be used.

Textiles and textile articles provided for in the exempt

certification system are exempt from the levels of restraint, and

visa and ELVIS requirements if they are properly certified, prior to

the shipment leaving Malaysia.

Each certification stamp shall include the following

information:

1. Date of issuance

2. Signature of issuing official

3. The basis for the exemption, which shall be noted as:

a. hand printed batik

b. the name of the particular traditional folklore handicraft

product (Malaysian item) as cited in a list to be agreed upon by the

Government of the United States and Malaysia.

Should a shipment be exported from Malaysia with an incorrect

exempt certification (i.e., the date of issuance, signature or basis

for exemption is missing, incorrect or illegible or has been crossed

out or altered in any way), then the exempt certification will not

be accepted and entry shall not be permitted until a replacement

certification is issued.

Should a shipment be exported from Malaysia without an exempt

certification being issued prior to the date of exportation or if

the merchandise does not qualify for the exemption, then an exempt

certification will not be accepted and entry shall not be permitted.

In such a case, a visa or a visa waiver must be obtained, and an

ELVIS transmission sent, prior to release of any portion of the

shipment. If quotas are in force, the shipment will be charged to

the apropriate quota level.

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.

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 Government of the United States unless the Government of

Malaysia authorizes the entry and any charges to the agreement

levels.

The visa and certification stamps remain unchanged.

The actions taken concerning the Government of Malaysia 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.

[[Page 18760]]

Sincerely,

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

Annex A

Part Categories

438-W Women's and girls' knit shirts and

blouses: only HTS numbers

6104.21.0060, 6104.23.0020,

6104.29.2051, 6106.20.1010,

6106.20.1020, 6106.90.1010,

6106.90.1020, 6106.90.2520,

6106.90.3020, 6109.90.1540,

6109.90.8020, 6110.10.2080,

6110.30.1560, 6110.90.9074 and

6114.10.0040.

438-O Men's and boys' knit shirts: only

HTS numbers 6103.21.0050,

6103.23.0025, 6105.20.1000,

6105.90.1000, 6105.90.8020,

6109.90.1520, 6110.10.2070,

6110.30.1550, 6110.90.9072,

6114.10.0020 and 6117.90.9025.

647-K Men's and boys trousers, breeches

and shorts: only HTS numbers

6103.23.0040, 6103.23.0045,

6103.29.1020, 6103.29.1030,

6103.43.1520, 6103.43.1540,

6103.43.1550, 6103.43.1570,

6103.49.1020, 6103.49.1060,

6103.49.8014, 6112.12.0050,

6112.19.1050, 6112.20.1060 and

6113.00.9044.

648-K Women's and girls' trousers,

breeches and shorts: only HTS

numbers 6104.23.0032,

6104.23.0034, 6104.29.1030,

6104.29.1040, 6104.29.2038,

6104.63.2006, 6104.63.2011,

6104.63.2026, 6104.63.2028,

6104.63.2030, 6104.63.2060,

6104.69.2030, 6104.69.2060,

6104.69.8026, 6112.12.0060,

6112.19.1060, 6112.20.1070,

6113.00.9052 and 6117.90.9070.

Merged Categories and Subcategories

300/301

331/631

333/334/335/835 (Subcategories 335, 835)

336/636

338/339

340/640

341/641 (Subcategory 341)

342/642/842

347/348

350/650

351/651

445/446

613/614/615/617

634/635

638/639

645/646

647/648

[FR Doc. 97-9886 Filed 4-16-97; 8:45 am]

BILLING CODE 3510-DR-F