Amendment of the Export Visa Arrangement to Include the New Certification Stamp for Outward Processed Goods for Certain Wool Textile Products Produced or Manufactured in the Former Yugoslav Republic of Macedonia

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Amendment of the Export Visa Arrangement to Include the New

Certification Stamp for Outward Processed Goods for Certain Wool

Textile Products Produced or Manufactured in the Former Yugoslav

Republic of Macedonia

December 9, 1999.

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

ACTION: Issuing a directive to the Commissioner of Customs amending the

export visa and certification requirements.

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

EFFECTIVE DATE: January 1, 2000.

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: Section 204 of the Agricultural Act of 1956, as

amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as

amended.

On September 17, 1999, the Governments of the United States and the

Former Yugoslav Republic of Macedonia agreed to amend the Export Visa

Arrangement for certain wool textile products exported under the

Outward Processing Program in Categories 433, 434, 435, 443 and 448

(see related notice concerning implementation of the Outward Processing

Program published elsewhere in this issue of the Federal Register),

produced or manufactured in the Former Yugoslav Republic of Macedonia

and exported from the Former Yugoslav Republic of Macedonia on and

after January 1, 2000. All products exported on and after January 1,

2000 must be accompanied by an appropriate export visa or

certification. This directive amends, but does not cancel the directive

published in the Federal Register on April 8, 1998 (see 63 FR 17156).

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 63 FR 71096, published on December 23, 1998).

Information regarding the 2000 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for consumption, or withdrawn from warehouse for consumption, will meet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 and certification requirements set forth in the letter

published below to the Commissioner of Customs.

The visa stamp has not been changed; a facsimile of the new

certification stamp for the Outward Processing Program is on file at

the U.S. Department of Commerce, 14th and Constitution Avenue, NW, room

3104, Washington, DC.

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements

December 9, 1999.

Commissioner of Customs,

Department of the Treasury, Washington, DC 20229.

Dear Commissioner: Pursuant to section 204 of the Agricultural

Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of

March 3, 1972, as amended; and the Bilateral Textile Agreement of

November 7, 1997, this directive amends, but does not cancel, the

directive dated April 2, 1998 (63 FR 17156, published on April 8,

1998) which established the Export Visa Arrangement between the

Governments of the United States and the Former Yugoslav Republic of

Macedonia.

Visa Requirements

Pursuant to the Visa Arrangement signed on September 17, 1999,

effective on January 1, 2000, you are directed to prohibit 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 wool textile products in Categories 433, 434, 435, 443 and 448,

produced or manufactured in the Former Yugoslav Republic of

Macedonia and exported from the Former Yugoslav Republic of

Macedonia on and after January 1, 2000 for which the Government of

the Former Yugoslav Republic of Macedonia has not issued an

appropriate export visa described below unless they are subject to

the Outward Processing Program described below. Should additional

categories, merged categories or part categories become subject to

import quota, the merged or part category(s) automatically shall be

included in the coverage of this visa arrangement. Merchandise in

the category(s) exported on or after the date the category(s)

becomes subject to import quotas shall require a visa.

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 or

successor document. 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 code specified by the International Organization for

Standardization (ISO) (the code for the Former Yugoslav Republic of

Macedonia is ``MK''). these two codes shall be followed by the

number``1'' and a five digit serial number identifying the shipment,

(e.g., 0MK112345).

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 and the printed name of the issuing

official authorized by the Government of the Former Yugoslav

Republic of Macedonia.

4. 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 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. Visaed quantities are rounded to the

closest whole number if the quantity exported exceeds one whole

unit, but is less than the next whole unit. Half units are rounded

up. If the quantity visaed is less than one unit, the shipment is

rounded upwards to one unit. Merged category quota merchandise may

be accompanied by either the appropriate merged category visa or the

correct category visa corresponding to the actual shipment. For

example, quota Category 347/348 may be visaed as ``Category 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.'' If, however, a merged quota category such as

340/640 has a quota sublimit on Category 340, then there must be

``Category 340'' visa for the shipment if it includes Category 340

merchandise.

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,

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.

The complete name and address of a company(s) actually involved

in the

[[Page 69744]]

manufacturing process of the textile product covered by the visa

shall be provided on the textile visa document.

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

waiver must be presented to the U.S. Customs Service before any

portion of the shipment will be released. A visa waiver may be

issued by the U.S. Department of Commerce at the request of the

Embassy of the Former Yugoslav Republic of Macedonia in Washington,

DC. The waiver, if used, only waives the requirement to present a

visa with the shipment at entry. It does not waive the quota

requirements. Visa waivers will only be issued for classification

purposes 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.

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 the Former Yugoslav Republic of Macedonia

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.

Certification Requirements for Outward Processing Program

Each shipment of wool apparel products in Categories 433, 434,

435, 442, 443, 444, 447 and 448 which has been either assembled in

the Former Yugoslav Republic of Macedonia from components cut in the

United States from U.S. formed fabric or cut and assembled in the

Former Yugoslav Republic of Macedonia from U.S. formed fabric and is

eligible for the Outward Processing Program, shall be so certified

by the Government of the Former Yugoslav Republic of Macedonia in

order to qualify under this program. This certification shall be

presented to the U.S. Customs Service before qualifying goods may

enter or be withdrawn 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

qualifying goods. A square 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 as

qualifying goods. 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

the Former Yugoslav Republic of Macedonia is ``MK''). These two

codes shall be followed by the number ``2'' and a five-digit serial

number identifying the shipment, (e.g., 0MK212345).

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

month and year on which the certification 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 and the

Harmonized Tariff Schedule of the United States Annotated (HTSUSA),

as amended.

U.S. Customs shall not permit entry as qualifying goods if the

shipment does not have a valid certification including 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. The categories

and quantities shall be those determined by the U.S. Customs

Service.

If the certification is not acceptable, then a new certification

must be obtained and presented to the U.S. Customs Service before

any portion of the shipment will be released.

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 as qualifying

goods unless the Government of the Former Yugoslav Republic of

Macedonia authorizes, by the issuance of a visa, the entry and any

changes to the appropriate agreement levels. If U.S. Customs

determines that the certification is invalid because of an error,

and the remaining documentation fulfills requirement for entry under

the Outward Processing Program, then a new certification from the

Government of the Former Yugoslav Republic of Macedonia must be

obtained or a visa waiver issued by the U.S. Department of Commerce

at the request of the Embassy of the Former Yugoslav Republic of

Macedonia in Washington, DC must be obtained and presented to the

U.S. Customs Service before any portion of the shipment will be

released.

General Provisions

The date of export is the actual date the merchandise finally

leaves the country of origin. For merchandise exported by carrier,

this is the day on which the carrier last departs the country of

origin.

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. $800 or less do not require an

export visa for entry and shall not be charged to existing quota

levels.

The visa stamp has not been changed; a facsimile of the new

certification stamp is enclosed with this letter.

The Committee for the Implementation of Textile Agreements has

determined that these actions fall within the foreign affairs

exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).

Sincerely,

Troy H. Cribb,

Chairman, Committee for the Implementation of Textile Agreements.

[FR Doc. 99-32424 Filed 12-13-99; 8:45 am]

BILLING CODE 3510-DR-F