WORLD TRADE
ORGANIZATIONG/TMB/N/383
25 June 2001
(01-3130)
Textiles Monitoring Body Original:  English
AGREEMENT ON TEXTILES AND CLOTHING
Notification under Article 2.17
UNITED STATES
Administrative Arrangements with Oman
The Textiles Monitoring Body has received a notification from the United States pursuant to
Article 2.17.  The TMB is circulating this notification to WTO Members for their informationG/TMB/N/383
Page 2
Permanent Mission of the United States
to the World Trade Organization
Geneva
5 February 2001
The Honorable
Ambassador András Szepesi
Chairman, Textiles Monitoring BodyWorld Trade Organization
Rue de Lausanne
1211 Geneva
Dear Ambassador Szepesi,
Pursuant to the provisions of Oman's WTO Prot ocol of Accession, attached is a notification
from my government concerning the textile import rest raints in place at the time of Oman's entry into
the WTO.
1  In addition, attached are the administrative arrangements for Oman associated with these
restraints.  Please circulate this notification to WTO Members.
(Signed)
William Tagliani
Attaché
                                                     
1 This notification has been issued as G/TMB/N/63/Add.11.
Note: Annex B referred to in the text contains the list of restrictions notified by the US pursuant to Article 2.1
and as such it is not part of the Administrative Arrangements.G/TMB/N/383
Page 3
The following provisions are drawn from the Agreement between the Governments of the
United States of America and the Sultanate of Oman relating to trade in cotton, wool, man-made fibre,
non-cotton vegetable fibre and silk-blend textiles and textile products of 13 December 1993 and
15 January 1994, as amended and extended (the Agreement), and have been agreed by the
United States and the Sultanate of Oman to be necessary for the proper implementation of restrictionsnotified to the Textiles Monitoring Body under Article 2.1 of the Agreement on Textiles and Clothing.
2. The textiles and textile products covered by this Agreement are those summarized in
Annex A. The system of categories and the rates of conversion into square metres equivalent (SME)
listed in Annex A shall apply in implementing this Agreement.
3.(A) Tops, yarns, piece-goods, made-up articles, garments, and other textile manufactured products
(being products which derive their chief characteristics from their textile components) of
cotton, wool, man-made fibres, silk blends, non-cotton vegetable fibres, or blends thereof, in
which any or all of these fibres in combination represent the chief weight of the product, are
subject to this Agreement.  Components of an article which are not considered relevant to the
classification under the General Rules of Interpretation or the Legal Notes to Section XI ofthe Harmonized System are likewise to be disregarded here.
(B) For the purposes of this Agreement, textile products covered by sub-paragraph (A) above
shall be classified as:
(I) Man-made fibre textiles, if the product is in chief weight of man-made fibres, unless:
(a) the product is knitted or crocheted apparel in which wool equals or exceeds
twenty-three (23) per cent by weight of all fibres, in which case the product
will be a wool textile;  or
(b) the product is apparel, not knitted or crocheted, in which wool equals or
exceeds thirty-six (36) per cent by weight of all fibres, in which case the
product will be a wool textile;
(c) the product is a woven fabric in which wool equals or exceeds thirty-six
(36) per cent by weight of all fibres, in which case the product will be awool textile.
(II) Cotton textiles, if not covered by (I) and if the product is in chief weight of cotton
unless the product is a woven fabric in which wool equals or exceeds thirty-six (36) per cent
by weight of all fibres, in which case the product will be a wool textile.
(III) Wool textiles, if neither of the foregoing applies, and the product is in chief weight of
wool.
(IV) Silk blend or non-cotton vegetable fibre textiles, if none of the foregoing applies and
the product is in chief weight of silk or non-cotton vegetable fibre unless:
(a) cotton with wool and/or man-made fibres in the aggregate equal or exceed
fifty (50) per cent by weight of the component fibres thereof and the cotton
component equals or exceeds the weight  of each of the total wool and/or
man-made fibre components, in which case the product will be a cotton
textile;G/TMB/N/383
Page 4
(b) if not covered by (IV)(a) and wool exceeds seventeen (17) per cent by
weight of all component fibres, in which case the product will be considered
a wool textile;
(c) if not covered by (IV)(a) or (b) and man-made fibres in combination with
cotton and/or wool in the aggregate equal or exceed fifty (50) per cent by
weight of the component fibres thereof and the man-made fibre component
exceeds the weight of the total wool and/or total cotton component, in which
case the product will be considered a man-made fibre textile.
(V) Notwithstanding the above, garments which contain seventy (70) per cent or more by
weight silk (unless they also contain over seventeen (17) per cent by weight wool),and products other than garments which contain eighty-five (85) per cent or more by
weight silk, are not subject to this Agreement.  Silk blend and non-cotton vegetable
fibre sweaters, as determined above, shall be divided into "silk blend" sweaters and
"non-cotton vegetable fibres" sweaters.  For the purposes of this provision sweaters
shall be classified as "silk blend" if the silk component exceeds by weight the non-cotton vegetable fibre component (if any).  Sweaters not classified as "silk blend"
sweaters in accordance with the foregoing shall be classified as "non-cotton vegetable
fibre" sweaters.  Garments containing seventy (70) per cent or more by weight silk
and over seventeen (17) per cent by weight wool shall be classified as wool textiles,
under sub-paragraph (B)(IV)(b).
(C) Coverage under this paragraph is intended to be identical with the terms of the Multifibre
Arrangement and in conformance with the 31 July 1986 Protocol of Extension.  In the event
of a question regarding whether a product is covered by this Agreement by virtue of being in
chief weight of cotton, wool, man-made fibre, silk blend, or non-cotton vegetable fibre, the
chief value of the fibres may be considered.
4. Commencing with the first agreement period and during each subsequent term of this
Agreement, the Government of the Sultanate of Oman shall limit exports to the United States of
cotton, wool, man-made fibre, silk-blend and non-cotton vegetable fibre textiles and textile products
of Oman to the specific limits set out in Annex B, as it may be amended under paragraph 6, and as
such specific limits may be adjusted in accordance with paragraph 5.
Flexibility Adjustments
5.(A) (I) The specific limits set out in Annex B do not include any adjustments permitted
under paragraph 5.
(A) (II) During any agreement period, the specific  limits set out in Annex B may be increased
by not more than seven (7) per cent swing provided that a corresponding reduction in
square metres equivalent is made in one or more other specific limits during the same
agreement period.
(A) (III) Special shift of ten (10) per cent, in dozens, shall be available between
categories 347/348 and 647/648/847, and between categories 341/641 and 338/339, to
be calculated on the current annual base limit of the receiving category limit,
beginning with quota year 1998.
(A) (IV) No specific limit may be decreased pursuant to paragraph 5(A)(II) and 5(A)(III) to a
level which is below the level of exports charged against that category's limit for that
agreement year.G/TMB/N/383
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(A) (V) The Government of the Sultanate of Oman shall indicate to the Government of the
United States the specific limits or sub-limits it would like increased and those which
it would like decreased by commensurate quantities in square metres equivalent
pursuant to adjustments in sub-paragraphs 5(A)(II) and 5(A)(III).
Carryover and Carry Forward
(B) (I) The extent to which any specific limit set out in Annex B may be exceeded in any
agreement period by carry forward (borrowi ng a portion of the corresponding specific
limit from the succeeding agreement period) and/or carryover (the use of any unused
meterage (shortfall) of the corresponding specific limit for the precious agreement
period) is eleven (11) per cent, of which carry forward shall not constitute more than
six (6) per cent.
(B) (II) No carryover shall be available for application in the first agreement period.  No carry
forward shall be available for application in the final agreement period.
(C) For the purposes of the Agreement, a shortfall occurs when exports of textiles or textile
products of Oman to the United States during any agreement period are below any specific
limit as set out in Annex B (or, in the case of any limit decreased pursuant to paragraph 5,
which such exports are below the limit as decreased).
(D) The Government of the Sultanate of Oman will notify the Government of the United States
when it wishes to use unused meterage (shortfall) available in categories for carryover, or for
use by other categories for swing, subject to the provisions set out above.  However, the
Government of the United States may supply adjustments under this Section to any specificlimit whenever that adjustment appears appropriate to facilitate the flow of trade and the
sound administration of the Agreement.  To the extent that such adjustments are actually
utilized, they will be implemented by means of carryover and carry forward, in that order.
Any unused carry forward will be re-credited to the following period's limit.  This procedure
will not prejudice the outcome of any consultations that may be held between our
Governments concerning the amounts of available carryover and carry forward.
Overshipment Charges
6.(A) Products of Oman shipped in excess of authorized limits in any agreement period may be
denied entry into the United States.  Any such shipment denied entry may be permitted into
the United States and charged to the applicable limit in the succeeding agreement period.
(B) Products of Oman shipped in excess of applicable limits in any agreement period will, if
allowed entry into the United States during that agreement period, be charged to the
applicable limit in the succeeding agreement period.
(C) Any action taken pursuant to sub-paragraph 6(A) and 6(B) above, will not prejudice the rights
of the other side regarding consultations.
Spacing Provisions
7. The Government of the Sultanate of Oman shall use its best efforts to space exports of its
products to the United States within each catego ry, sub-category or part category evenly throughout
each agreement period, taking into consideration normal seasonal factors.G/TMB/N/383
Page 6
US Assistance in Implementation of the Limitation Provisions
8. The Government of the Sultanate of Oman shall administer its export control system under
the Agreement.  The Government of the United States may assist the Government of the Sultanate of
Oman in implementing the limitation provisions of this Agreement by controlling, by the date ofexport, imports of textiles and textile products covered by this Agreement.
Correct Category/Quantity Visa System
9.(A) The provisions of the Visa Arrangement as effected by exchange of notes dated 29 May 1993
and 14 July 1993 will govern the licensing and/or certification of exports from Oman.  Visas
issued in a particular agreement year shall be valid only for textile and apparel productsexported during that agreement year.
(B) The parties recognize that under the Agreement the purchase of textiles and textile products to
be delivered subject to the restrictions under the Agreement implies that the delivery of goods
will be accompanied by a valid visa.
Commercial Samples and Personal Shipments
10. Properly marked commercial sample shipments, valued at $250 or less, and items for the
personal use of the importer and not for resale regardless of value, need not be accompanied by anexport visa and shall not be subject to the limits established under this Agreement.
Exchange of Information
11. Subject to domestic laws, at the request of the other Government, each Government agrees to
supply any information within its possession reasonab ly believed to be necessary for the enforcement
of this Agreement.
Exchange of Data
12.(A) The Government of the United States shall promptly supply the Government of the Sultanate
of Oman with data on monthly imports of cotton, wool, man-made fibre, silk blend and non-cotton vegetable fibre textiles and textile products of Oman into the United States.
(B) The Government of the Sultanate of Oman shall promptly supply the Government of the
United States with data on monthly exports of  cotton, man-made fibre, wool, silk blend and
non-cotton vegetable fibre textiles and textile products of Oman to the United States.
Cooperation in the Prevention of Circumvention and Fraud
Beginning on 6 October 1993, in accordance with the Memorandum of Understanding signed
on that date, the provisions regarding Cooperation in the Prevention of Circumvention and Fraud setout in paragraph 13 apply.
13.(A) The Government of the United States and the Sultanate of Oman agree to take measures
necessary to prevent, to investigate and, where appropriate, to take legal and/or administrative
action to prevent circumvention of this Agreement by transshipment, rerouting, falsedeclaration concerning country of origin, falsifi cation of official documents or whatever other
means.G/TMB/N/383
Page 7
(B) Both parties agree to cooperate fully, consistent with their domestic laws and procedures in
instances of circumvention or alleged circumvention of the Agreement to address problems
arising from circumvention and to establish the relevant facts in the places of import, export
and, where applicable, transshipment.  Such cooperation, consistent with domestic laws and
procedures, will include investigation of circum vention practices;  exchange of documents,
correspondence, reports and other relevant information to the extent available;  and
facilitation of joint unannounced plant visits and contacts, upon request and on a case-by-case
basis.
(C) If either party believes that this Agreement is being circumvented, it may request
consultations to address the matter or matters concerned with a view to seeking a mutually
satisfactory solution.  Such consultations should be held promptly, beginning within 30 daysof a request by a party and concluding within 90 days, unless extended by mutual agreement,
and to cooperate fully in terms of the elements set out in paragraph B above.  At the time that
a party requests consultations, it shall provide the other party with details regarding the
matters to be the subject of the consultations.
(D) Should the parties be unable to reach a satisfactory solution in the course of the consultations
called for under paragraph C, then the Sultanate of Oman and the United States agree that in
cases where clear evidence regarding circumvention has been provided, the United States may
deduct from the quantitative limits established under this Agreement amounts at least
equivalent to the amount of transshipped products  of Omani origin.  In addition, the Sultanate
of Oman and the United States agree that deductions from the quantitative limits established
under this Agreement may be made in those instances in which:
(1) the US possesses information showing a su bstantial likelihood that circumvention has
occurred;
(2) the US has requested from the Sultanate of Oman cooperation or information relevant
to the possible circumvention that is of a type that is available to or could reasonably
be obtained by the Sultanate of Oman, and
(3) the Sultanate of Oman has not provided such information or cooperation within the
period for consultations outlined in paragraph (C).
(E) Should the United States choose to exercise its rights under paragraph (D) to deduct an
amount or amounts from the quantitative limits of a country where repeated instances of
circumvention involving goods of Omani origin have been demonstrated within the current or
immediately preceding agreement period, then the United States may deduct from thequantitative limit amounts up to three times the amounts transshipped, provided that such
deductions are distributed equally in each of the following agreement years.
(F) Where there is clear evidence showing that goods originating in another country have been
shipped through Oman to the United States as though they were products of Oman, theSultanate of Oman and the United States agree to take appropriate action.  Such action may
include the introduction of restraints in the relevant category or categories or deducting the
amounts so shipped from the quantitative limits established for the current agreement year for
shipments under the Agreement for shipments originating in Oman.  Any such actions,
together with their timing and scope, may be taken only after consultations held with a viewto arriving at a mutually satisfactory solution.  Such consultations shall be held promptly,
beginning within 30 days of a request by a party and concluding within 90 days, unless
extended by mutual agreement.  Should the parties be unable to reach a satisfactory solution
in those instances in which:G/TMB/N/383
Page 8
(1) the US possesses information showing a su bstantial likelihood that circumvention has
occurred;
(2) the US has requested from the Sultanate of Oman cooperation or information relevant
to the possible circumvention that is of a type that is available to or could reasonably
be obtained by the Sultanate of Oman, and
(3) the Sultanate of Oman has not provided such information or cooperation within the
period for consultation outlined above,
then the Sultanate of Oman and the United States agree that in cases where clear evidence
regarding circumvention has been provided, the United States may introduce a restraint, or
where a restraint already exists, may deduct from the quantitative limits established under this
Agreement an amount equivalent to the amount of product transshipped through the Sultanate
of Oman.
(G) The parties note that some cases of circumvention may involve shipments transiting the
Sultanate of Oman with no changes or alteration made to the goods in the Sultanate of Oman.
They note that it may be generally impracticable for the Sultanate of Oman to exercise control
over such shipments.
(H) Parties agree that false declaration concerning fibre content, quantities, description or
classifications of merchandise also frustrates the objective of this Agreement.  Where there is
evidence that any such false declaration has been made for purposes of circumvention, both
parties agree to take appropriate measures, consistent with their domestic laws and
procedures, against exporters or importers involved.  Should either party believe that thisAgreement is being circumvented by such false declaration and that no, or inadequate,
administrative measures are being applied to address and/or to take action against such
circumvention, that party should consult promp tly with the party invo lved with a view to
seeking a mutually satisfactory solution.  Such consultations should be held promptly,
beginning within 30 days of a request by a party and concluding within 90 days, unless
extended by mutual agreement.  Should the parties be unable to reach a satisfactory solution,
then the Sultanate of Oman and the United States agree that in cases where evidenceregarding such false declarations has been provided, then the United States may deduct from
the quantitative limits established under this Agreement an amount equivalent to the amount
of product subject to the false declaration or classification.  This provision is not intended to
prevent parties from making technical adjustments when inadvertent errors in declarations
have been made.
Mutually Satisfactory Administrative Arrangement
14. Mutually satisfactory administrative arrangements or adjustments may be made to resolve
minor problems arising in the implementation of th is Agreement, including differences in points of
procedure or operation.
Consultation on Implementation questions
15. The Government of the United States and the Government of the Sultanate of Oman each
agree to consult upon the request of the other on any question arising in the implementation of this
Agreement.G/TMB/N/383
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Annexes:
1. US Textile and Apparel Category System Under the Harmonized System
2. US-Oman Visa ArrangementG/TMB/N/383
Page 10
Committee for the Implementation of Textile Agreements
15 September 1993
Commissioner of Customs
Department of the Treasury, Washington, DC 20229
Dear Commissioner:  Under the terms of secti on 204 of the Agricultural Act of 1956, as amended
(7 USC 1854);  and pursuant to the Export Visa Arrangement, effected by exchange of notes dated
29 May 1993 and 14 July 1993, between the Governments of the United States and the Sultanate of
Oman;  and in accordance with the provisions of Executive Order 11651 of 3 March 1972, as
amended, you are directed to prohibit, effective on 1 October 1993, entry into the Customs territory ofthe 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 fibre,
silk blend and other vegetable fibre textiles and textile products in Categories 200-239, 300-369, 400-
469, 600-670 and 800-899, including merged Categories 340/640, 341/641 and 347/348, produced or
manufactured in Oman and exported from Oman on and after 1 October 1993 for which theGovernment of the Sultanate of Oman has not issued  an appropriate export visa fully described below.
Should additional categories, merged categories or part categories be added, the entire category(s) or
part category(s) shall be included in the coverage of this arrangement on an agreed effective date.
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 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
Sultanate of Oman is "OM"), and a six-digit numeric al serial number identifying the shipment;  e.g.,
30M123456.
2. The date of issuance.  The date of issuance shall be the day, month and year on which the visa
was issued.
3. The signature of the issuing official.4. The correct category(s), merged category(s), quantity(s) and unit(s) of quantity in the
shipment as set forth in the US Department of Commerce Correlation and the Harmonized Tariff
Schedules (HTS) shall be reported in the spaces provided within the visa stamp (e.g., "Cat. 434-210
DOZEN").
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 347 merchandise, the shipment may be visaed as"Cat. 347," but not as "Cat. 348").
US 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 haveG/TMB/N/383
Page 11
been crossed out or altered in any way.  If the quant ity 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.  If the visaed invoice
is deficient, US Customs will not return the original document after entry, but shall provide a certified
copy of that visaed invoice for use in obtaining a new correct original visaed invoice.
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.
If the visa is not acceptable then a new correct visa must be obtained from the Government of the
Sultanate of Oman, or a visa waiver may be issued by the US Department of Commerce at the request
of the Government of the Sultanate of Oman, and presented to the US Customs Service before anyportion 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, US Customs Servi ce shall charge only the actual quantity in the
shipment to the correct category limit.  If a sh ipment from Oman 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, US Customs shall charge the shipment to the correct category limit whether or not a
replacement visa or visa waiver is provided.
Merchandise imported for the personal use of the importer and not for resale, regardless of value, and
properly marked commercial sample shipments valu ed at US$250 or less, do not require a visa for
entry and shall not be charged to agreement levels.
A facsimile of the visa stamp and a list of Omani officials authorized to sign export visas are enclosed
with this letter.
The actions taken concerning the Government of the Sultanate of Oman 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 USC 553(a)(1).  This letter will be published in the Federal Register.
Sincerely,Rita D. Hayes
Chairman, Committee for the Implementation of Textile AgreementsG/TMB/N/383
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Committee for the Implementation of Textile Agreements
25 August 1994Commissioner of Customs
Department of the Treasury, Washington, DC 20229
Dear Commissioner:  This directive amends, but does not cancel, the directive issued to you on
15 September 1993, by the Chairman, Committee for the Implementation of Textile Agreements.
That directive directed you to prohibit entry of certain cotton, wool, man-made fibre, silk blend andother vegetable fibre textile products, produced or manufactured in Oman for which the Government
of the Sultanate of Oman has not issued an appropriate visa.
Effective on 1 October 1994, you are directed to amend the 15 September 1993 directive to include
the coverage of cotton, man-made fibre, silk blend and other vegetable fibre textile products inmerged Categories 334/634, 335/635 and 647/64 8/847, produced or manufactured in Oman and
exported from Oman on and after 1 October 1994.  Merchandise in Categories 334/634, 335/635 and
647/648/847 may be accompanied by either the appropriate merged category visa or the correct
category visa corresponding to the actual shipment.
Shipments entered or withdrawn from warehouse according to this directive which are not
accompanied by an appropriate export visa shall be denied entry and a new visa must be obtained.
The Committee for the Implementation of Textile Agr eements has determined that this action falls
within the foreign affairs exception to the rulemaking provisions of 5 USC 553(a)(1).
Sincerely,Edwin E. Maddrey
Acting Chairman, Committee for the Implementation of Textile Agreements
__________