Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Notices 43993

1993) (interpreting 19 CFR § 353.22(e),

the antidumping regulation on

automatic assessment, which is

identical to 19 CFR § 355.22(g)).

Therefore, the cash deposit rates for all

companies except those covered by this

review will be unchanged by the results

of this review.

We will instruct Customs to continue

to collect cash deposits for nonreviewed companies at the most recent

company-specific or country-wide rate

applicable to the company. Accordingly,

the cash deposit rates that will be

applied to non-reviewed companies

covered by this order are those

established in the most recently

completed administrative proceeding,

conducted pursuant to the statutory

provisions that were in effect prior to

the URAA amendments. See, Certain

Welded Carbon Steel Pipe and Tube

Products from Turkey; Final Results of

Countervailing Duty Administrative

Review, 53 FR 9791. These rates shall

apply to all non-reviewed companies

until a review of a company assigned

these rates is requested. In addition, for

the period January 1, 1995 through

December 31, 1995, the assessment rates

applicable to all non-reviewed

companies covered by this order are the

cash deposit rates in effect at the time

of entry.

This notice serves as a reminder to

parties subject to administrative

protective order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR § 355.34(d). Timely written

notification of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)).

Dated: August 6, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–21828 Filed 8–15–97; 8:45 am]

BILLING CODE 3510–DS–P

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 the

Philippines

August 12, 1997.

AGENCY: Committee for the

Implementation of Textile Agreements

(CITA).

ACTION: Issuing a directive to the

Commissioner of Customs consolidating

and amending visa requirements.

EFFECTIVE DATE: September 1, 1997.

FOR FURTHER INFORMATION CONTACT: Lori

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 notes dated December

18, 1996, July 9, 1997, and July 23,

1997, the Governments of the United

States and the Philippines agreed to

amend the existing visa arrangement for

cotton, wool, man-made fiber, silk blend

and other vegetable fiber textiles and

textile products, produced or

manufactured in the Philippines and

exported on and after September 1,

1997. The amended arrangement

consolidates existing provisions and

new 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 Philippines.

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

the Philippines and exported on and

after September 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 62 FR 66263,

published on December 17, 1996). Also

see 52 FR 11308, published on April 8,

1987.

Interested persons are advised to take

all necessary steps to ensure that textile

products 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

August 12, 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 April 3, 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 the

Philippines for which the Government of the

Philippines has not issued an appropriate

export visa or exempt certificate.

Under the terms of section 204 of the

Agricultural Act of 1956, as amended (7

U.S.C. 1854); pursuant to a the Export Visa

Arrangement, effected by exchange of notes

dated December 18, 1996, July 9, 1997, and

July 23, 1997, between the Governments of

the United States and the Philippines; and in

accordance with the provisions of Executive

Order 11651 of March 3, 1972, as amended,

you are directed to prohibit, effective on

September 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 300–369, 400–469, 600–670 and

831–859, including part categories and

merged categories (but not Categories 355,

356, 655, 656, 455, 371 and 671), and which

are not eligible for exemptions noted in the

Exempt Certification Requirements below

(also provided for in Annex A attached),

produced or manufactured in the Philippines

and exported on and after September 1, 1997

for which the Government of the Philippines

has not issued an appropriate export visa and

Electronic Visa Information System (ELVIS)

transmission fully described below.

Shipments covering merchandise in

Categories 800–810 and 863–899 do not

require a visa. However, should additional

categories, merged categories or part

categories be added to or changed in the

Bilateral Agreement or become subject to

import quotas, the entire category or

categories shall be automatically included in

the coverage of the Visa Arrangement.

Merchandise exported on or after the date the

category is added to or changed in the

Agreement, or becomes subject to import

quotas, shall require a visa and ELVIS

transmission.
43994 Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Notices

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 digits and letters,

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 the

Philippines is ‘‘PH’’), and a six digit numeric

serial number identifying the shipment; e.g.,

7PH123456.

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 Philippines.

4.The correct category(s), part category(s),

merged 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 U.S.

Harmonized Tariff Schedules of the United

States Annotated (HTS), e.g., ‘‘Cat. 340–510

DZ.’’ Annex B lists all the part-category and

merge category visas required for entry.

Quantities must be stated in whole

numbers. Decimals or fractions will not be

accepted. Products covered by merged

category quotas must be accompanied by

either a merged category visa or the correct

category visa corresponding to the actual

shipment (e.g., quota Category 333/334 may

be visaed as ‘‘Category 333/334’’ or if the

shipment consists solely of Category 333

merchandise, the shipment may be visaed as

‘‘Category 333,’’ but not as ‘‘Category 334’’).

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 the Philippine

Government or a visa waiver issued by the

U.S. Department of Commerce at the request

of the Philippine Government and presented

to the U.S. Customs Service before any

portion of the shipment will be released. A

visa waiver may be issued by the Department

of Commerce at the request of the Embassy

in Washington for the Government of the

Philippines. The waiver, if used, only waives

the requirement to present a visa at entry. It

does not waive any 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 or attempted entry, but

will provide the importer a certified copy of

that visaed invoice for use in obtaining a new

correct original visaed invoice or a visa

waiver.

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 a shipment from the Philippines 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 visa 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 digits and letters,

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 the

Philippines is ‘‘PH’’), and a six digit numeric

serial number identifying the shipment; e.g.,

7PH123456.

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 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.

iv.The manufacturer ID number (MID). The

MID shall begin with ‘‘PH,’’ 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

Philippines;

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 any 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 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

procedure described above. Visa waivers will

only be considered for classification

purposes or for one time special purpose

shipment that is not part of an ongoing

commercial enterprise or for legitimate

classification disputes.

E. Shipments will not be released for fortyeight 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 the Philippines is

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.

G.The U.S. Customs Service will provide

Philippine authorities with a report

containing information on visa utilization

that can be accessed at any time. This report

will contain:

a. visa number

b. category number

c. quantity charged to quota

d. unit of measurement

e. entry number

f. entry line number.

Exempt Certification Requirements:

A.Textiles and textile articles provided for

below, and in Annex A attached, will be

exempt from levels of restraint quotas, and

visa and ELVIS requirements if they are

certified, prior to the shipment leaving the

Philippines, 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.

1. Handwoven and Handloomed Fabrics of

the Cottage Industry

2. Handmade Articles and Garments of

Handwoven and Handloomed Fabric: All

items must be cut, sewn, or otherwise

fabricated by hand in order to qualify for this

exemption. They may not include machine

stitching.

3.Traditional Folklore Handicraft

Products: Only products which fall within

the definition of ‘‘Philippine Items’’ in

Annex A attached, qualify for this exemption

provided that they are cut, sewn, or

otherwise fabricated by hand. They may not

include machine stitching.
Federal Register / Vol. 62, No. 159 / Monday, August 18, 1997 / Notices 43995

B.requirements for Exempt Certification

Stamp: Each exempt certification stamp will

include the following information:

I. Date of issuance.

II. Signature of issuing official.

III.The basis for the exemption shall be

noted as:

a. Handwoven fabric or handloomed fabric

(whichever is appropriate).

b. Handmade textile products.

c.The name of the particular traditional

folklore handicraft product (Philippine

Items) as listed in Annex A attached, e.g.,

‘‘Banaue cloth.’’

Shipments not requiring visas or exempt

certifications:

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, ELVIS transmission or

exempt certification for entry and shall not

be charged to Agreement levels.

Other Provisions:

Except as provided in the paragraph above,

any shipment which requires a visa but

which is not accompanied by a valid and

correct visa and ELVIS transmission in

accordance with the foregoing provisions,

shall be denied entry by the Government of

the United States of America unless the

Government of the Philippines authorizes the

entry and any charges to the Agreement

levels.

An invoice may cover visaed merchandise

or exempt certification merchandise, but not

both.

The visa and exempt certification stamps

remains unchanged.

The actions taken concerning the

Government of the Philippines 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 A

Philippine Items

Philippine Traditional Folklore Handicraft

Textile Products

Philippine items are traditional Philippine

products, cut, sewn or otherwise fabricated

by hand in cottage units of the cottage industry. The following is the agreed upon list of

such items:

Annex A—Continued

A.Batik and hablon fabrics—hand woven fabrics of the cottage industry.

B.Banaue cloth—cotton handloom fabric in

multi-colors.

C. Other hand woven and handloom fabrics

of the cottage industry.

D.Articles and garments made by hand from

hand woven and hand loomed fabrics.

Annex B

Merged Categories

331/631

333/334

338/339

340/640

341/641

342/642

347/348

351/651

352/652

359–C/659–C

359–O/659–O

445/446

638/639

645/646

647/648

Part Categories

359–C Cotton overalls and coveralls: 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–O Other: all HTS numbers except those in Category 359–C.

369–S Swimwear: only HTS number 6307.10.2005.

369–O Other: all HTS numbers except those in Category 369–S.

659–C Man-made fiber overalls and coveralls: 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 Hats: 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–O Other: all HTS numbers except those in Categories 659–C and 659–H.

669–P Poly 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 Category 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 Category 670–L.

[FR Doc. 97–21784 Filed 8–15–97; 8:45 am]

BILLING CODE 3510–DR–F

CONGRESSIONAL BUDGET OFFICE

Notice of Transmittal of Sequestration

Update Report for Fiscal Year 1998 to

Congress and the Office of

Management and Budget

Pursuant to Section 254(b) of the

Balanced Budget and Emergency Deficit

Control Act of 1985 (2 U.S.C. 904(b)),

the Congressional Budget Office hereby

reports that it has submitted its

Sequestration Update Report for Fiscal

Year 1998 to the House of

Representatives, the Senate, and the

Office of Management and Budget.

Stanley L. Greigg,

Director, Office of Intergovernmental

Relations, Congressional Budget Office.

[FR Doc. 97–21792 Filed 8–13–97; 11:34 am]

BILLING CODE 1450–01–M

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

Availability of Funds for Grants To

Support the Martin Luther King, Jr.

Service Day Initiative

AGENCY: Corporation for National and

Community Service.

ACTION: Notice of availability of funds.

SUMMARY: Pursuant to the King Holiday

and Service Act of 1994, which

amended the National and Community

Service Act of 1990, the Corporation for

National and Community Service (the