Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices 15563

consummation by April 1, 1998, and

there are no legal or regulatory barriers

to consummation, the authority to

abandon will automatically expire.

Decided: March 25, 1997.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–8236 Filed 3–31–97; 8:45 am]

BILLING CODE 44915–00–P

DEPARTMENT OF THE TREASURY

Customs Service

List of Foreign Entities Violating

Textile Transshipment and Country of

Origin Rules

AGENCY: Customs Service, Department

of the Treasury.

ACTION: General notice.

SUMMARY: This document notifies the

public of foreign entities which have

been issued a penalty claim under

section 592 of the Tariff Act of 1930, for

certain violations of the customs laws.

This list is authorized to be published

by § 592A of the Tariff Act of 1930.

FOR FURTHER INFORMATION CONTACT: For

information regarding any of the

operational aspects, contact Michael

Compeau, Chief, Seizures and Penalties,

at 202-927–0762. For information

regarding any of the legal aspects,

contact Ellen McClain, Office of Chief

Counsel, at 202–927–6900.

SUPPLEMENTARY INFORMATION:

Background

Section 333 of the Uruguay Round

Agreements Act (URAA) (Pub. L. 103–

465, 108 Stat. 4809) (signed December 8,

1994), entitled Textile Transshipments,

amended Part V of title IV of the Tariff

Act of 1930 by creating a section 592A

(19 U.S.C. 1592a), which authorizes the

Secretary of the Treasury to publish in

the Federal Register, on a biannual

basis, a list of the names of any

producers, manufacturers, suppliers,

sellers, exporters, or other persons

located outside the customs territory of

the United States, when these entities

have been issued a penalty claim under

section 592 of the Tariff Act of 1930, for

certain violations of the customs laws,

provided that certain conditions are

satisfied.

The violations of the customs laws

referred to above are the following: (1)

Using documentation, or providing

documentation subsequently used by

the importer of record, which indicates

a false or fraudulent country of origin or

source of textile or apparel products; (2)

Using counterfeit visas, licenses,

permits, bills of lading, or similar

documentation, or providing counterfeit

visas, licenses, permits, bills of lading,

or similar documentation that is

subsequently used by the importer of

record, with respect to the entry into the

customs territory of the United States of

textile or apparel products; (3)

Manufacturing, producing, supplying,

or selling textile or apparel products

which are falsely or fraudulently labeled

as to country of origin or source; and (4)

Engaging in practices which aid or abet

the transshipment, through a country

other than the country of origin, of

textile or apparel products in a manner

which conceals the true origin of the

textile or apparel products or permits

the evasion of quotas on, or voluntary

restraint agreements with respect to,

imports of textile or apparel products.

If a penalty claim has been issued

with respect to any of the above

violations, and no petition in response

to the claim has been filed, the name of

the party to whom the penalty claim

was issued will appear on the list. If a

petition, supplemental petition or

second supplemental petition for relief

from the penalty claim is submitted

under 19 U.S.C. 1618, in accord with

the time periods established by

§§ 171.32 and 171.33, Customs

Regulations (19 CFR 171.32, 171.33) and

the petition is subsequently denied or

the penalty is mitigated, and no further

petition, if permitted, is received within

30 days of the denial or allowance of

mitigation, then the administrative

action shall be deemed to be final and

administrative remedies will be deemed

to be exhausted. Consequently, the

name of the party to whom the penalty

claim was issued will appear on the list.

However, provision is made for an

appeal to the Secretary of the Treasury

by the person named on the list, for the

removal of its name from the list. If the

Secretary finds that such party has not

committed any of the enumerated

violations for a period of not less than

3 years after the date on which the

party’s name was published, the name

will be removed from the list as of the

next publication of the list.

Reasonable Care Required

Section 592A also requires any

importer of record entering, introducing,

or attempting to introduce into the

commerce of the United States textile or

apparel products that were either

directly or indirectly produced,

manufactured, supplied, sold, exported,

or transported by such named person to

show, to the satisfaction of the

Secretary, that such importer has

exercised reasonable care to ensure that

the textile or apparel products are

accompanied by documentation,

packaging, and labeling that are accurate

as to its origin. Under section 592A,

reliance solely upon information

regarding the imported product from a

person named on the list does not

constitute the exercise of reasonable

care.

Textile and apparel importers who

have some commercial relationship

with one or more of the listed parties

must exercise a degree of reasonable

care in ensuring that the documentation

covering the imported merchandise, as

well as its packaging and labeling, is

accurate as to the country of origin of

the merchandise. This degree of

reasonable care must rely on more than

information supplied by the named

party.

In meeting the reasonable care

standard when importing textile or

apparel products and when dealing with

a party named on the list published

pursuant to section 592A, an importer

should consider the following questions

in attempting to ensure that the

documentation, packaging, and labeling

is accurate as to the country of origin of

the imported merchandise. The list of

questions is not exhaustive but is

illustrative.

(1) Has the importer had a prior

relationship with the named party?

(2) Has the importer had any

detentions and/or seizures of textile or

apparel products that were directly or

indirectly produced, supplied, or

transported by the named party?

(3) Has the importer visited the

company’s premises and ascertained

that the company has the capacity to

produce the merchandise?

(4) Where a claim of substantial

transformation is made, has the

importer ascertained that the named

party actually substantially transforms

the merchandise?

(5) Is the named party operating from

the same country as is represented by

that party on the documentation,

packaging or labeling?

(6) Have quotas for the imported

merchandise closed or are they nearing

closing from the main producer

countries for this commodity?

(7) What is the history of this country

regarding this commodity?

(8) Have you asked questions of your

supplier regarding the origin of the

product?

(9) Where the importation is

accompanied by a visa, permit, or

license, has the importer verified with

the supplier or manufacturer that the

visa, permit, and/or license is both valid

and accurate as to its origin? Has the
15564 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices

importer scrutinized the visa, permit or

license as to any irregularities that

would call its authenticity into

question?

On October 2, 1996, Customs

published a Notice in the Federal

Register (61 FR 51492) which identified

14 (fourteen) entities which fell within

the purview of § 592A of the Tariff Act

of 1930.

592A List

For the period ending March 31, 1997,

Customs has identified 14 (fourteen)

foreign entities that fall within the

purview of section 592A of the Tariff

Act of 1930. This list reflects the

addition of 1 new entity to the 14

entities named on the list published on

October 2, 1996, and the removal of one

entity, Hangzhou Tongda Textile Group,

from the list. The parties on the current

list were assessed a penalty claim under

19 U.S.C. 1592, for one or more of the

four above-described violations. The

administrative penalty action was

concluded against the parties by one of

the actions noted above as having

terminated the administrative process.

The names and addresses of the 14

foreign parties which have been

assessed penalties by Customs for

violations of section 592 are listed

below pursuant to § 592A. This list

supersedes any previously published

list. The names and addresses of the 14

foreign parties are as follows:

Azmat Bangladesh, Plot Number 22–23,

Sector 2 EPZ, Chittagong 4233, Bangladesh.

Bestraight Limited, Room 5K, World Tech

Centre, 95 How Ming Street, Kwun Tong,

Kowloon, Hong Kong.

Cotton Breeze International, 13/1578

Govindpuri, New Delhi, India.

Hanin Garment Factory, 31 Tai Yau Street,

Kowloon, Hong Kong.

Hip Hing Thread Company, No. 10, 6/F

Building A, 221 Texaco Road, Waikai

Industrial Centre, Tsuen Wan, N.T. Hong

Kong.

Hyattex Industrial Company, 3F, No. 207–4

Hsin Shu road, Hsin Chuang City, Taipei

Hsien, Taiwan.

Jentex Industrial, 7–1 Fl., No. 246, Chang An

E. Rd., Sec. 2, Taipei, Taiwan.

Li Xing Garment Company Limited, 2/F Long

Guang Building, Number 2 Manufacturing

District, Sanxiang Town, Zhongshan,

Guandgong, China.

Meigao Jamaica Company Limited, 134

Pineapple Ave., Kingston, Jamaica.

Meiya Garment Manufacturers Limited, No. 2

Building, 3/F, Shantou Special Economic

Zone, Shantou, China.

Poshak International, H–83 South Extension,

Part-I (Back Side), New Delhi, India.

Topstyle Limited, 6/F, South Block, Kwai

Shun Industrial Center, 51–63 Container

Port Road, Kwai Chung, New Territories,

Hong Kong.

United Fashions, C–7 Rajouri Garden, New

Delhi, India.

Yunnan Provincial Textiles Import & Export,

576 Beijing Road Kunming, Yun Nan,

China.

Any of the above parties may petition

to have its name removed from the list.

Such petitions, to include any

documentation that the petitioner

deems pertinent to the petition, should

be forwarded to the Assistant

Commissioner, Office of Field

Operations, United States Customs

Service, 1301 Constitution Avenue,

Washington, DC 20229.

Additional Foreign Entities

In the October 1996 Federal Register

notice, Customs also solicited

information regarding the whereabouts

of 38 foreign entities, which were

identified by name and known address,

concerning alleged violations of section

592. Persons with knowledge of the

whereabouts of those 38 entities were

requested to contact the Assistant

Commissioner, Office of Field

Operations, United States Customs

Service, 1301 Constitution Avenue,

Washington, DC 20229.

In this document, a new list is being

published which contains the names

and last known addresses of 40 entities.

This reflects the addition of two new

entities to the list.

Customs is soliciting information

regarding the whereabouts of the

following 40 foreign entities concerning

alleged violations of section 592. Their

name and last known address are listed

below:

Bahadur International, 250 Naraw Industrial

Area, New Delhi, India.

Madan Exports, E–106 Krishna Nagar, New

Delhi, India.

Gulnar Fashion Export, 14 Hari Nagar,

Ashram, New Delhi, India.

Janardhan Exports, E–106 Krishna Nagar,

New Delhi, India.

Morrin International, E–106 Krishna Nagar,

New Delhi, India.

Jai Arjun Mfg., Co., B 4/40 Paschim Vihar,

New Delhi, India.

Eroz Fashions, 535 Tuglakabad Extension,

New Delhi, India.

China Artex Corp. Beijing Arts, 132–16

Changan Avenue, Beijing, China.

Shenzhen Long Gang Ji Chuen, Shenzhen,

Long Gang Zhen, China.

Traffic, D1/180 Lajpat Nagar, New Delhi,

India.

Raj Connections, E–106 Krishna Nagar, Delhi,

India.

Bao An Wing Shing Garment Factory, Ado

Shi Qu, Bao An Shen Zhen, China.

Guidetex Garment Factory, 12 Qian Jin Dong

Jie, Yao Tai Xian Yuan Li, Canton, China.

Dechang Garment Factory, Shantou S.E.Z.,

Cheng Hai, Cheng Shing, China.

Guangdong Provincial Improved, 60 Ren Min

Road, Guangdong, China.

Kin Cheong Garment Factory, No. 13 Shantan

Street, Sikou Country, Taishan,

Kwangtong, China.

Gold Tube Ltd., No. 55 Hung To Road, Kwun

Tong, Kowloon, Hong Kong.

Sam Hing Bags Factory, Ltd., #35 Tai Ping

West Road, Jiu Jaing, Ghangdong, China.

Luen Kong Handbag Factory, 33 Nanyuan

Road, Shenzhen, Guangdong, China.

Changping High Stage Knitting, Yuan Jing

Yuan, Chau Li Qu Chang, Guangdong,

China.

Arsian Company Ltd, XII Khorcolo,

Waanbaatar, Mongolia.

Kin Fung Knitting Factory, Block A&B, 4th

Flr Por Mee Bldg., 500 Casle Peak Rd.,

Kowloon, Hong Kong.

Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah,

Malaysia.

Crown Garments Factory Sdn Bhd, Lot 112,

Jalan Kencana, Bagan Ajam, Malaysia.

Glee Dragon Garment Mfg. Ltd., 328 Castle

Peak Rd., Room G 10Fl, Tsuen Kam Centre,

Kowloon, Hong Kong.

Richman Garment Manufacturing Co., Ltd.,

7th Fl, Singapore Industrial Bldg., 338

Kwun Tong Road, Kowloon, Hong Kong.

Herrel Company, 64 Rowell Road, Suva, Fiji.

Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat

Street, Kowloon, Hong Kong.

Hambridge Ltd., 9 Fl., Lladro Building 72–80,

Hoi Yuen Road, Kwun Tong, Kowloon,

Hong Kong.

Kingston Garment Ltd., Lot 42–44 Caracas

Dr., Kingston, Jamaica.

Moderntex International Inc., 3941, Kowloon,

Hong Kong.

Poltex Sdn, 8 Jalan Serdang, Kedah,

Malaysia.

Sam Hing International Enterprise, 5

Guernsey St., Guilford NSW, Australia.

Societe Prospere De Vetements S.A., Lome,

Togo.

Confecciones Kalinda S.A., Zona Franca, Los

Alcarrizos, Santo Domingo, Dominican

Republic.

Royal Mandarin Knitworks Co., Flat C 21/F,

So Tau Centre, 11–15 Sau Road, Kwai

Chung, N.T., Hong Kong.

Wong’s International, Nairamdliyn 26,

Ulaanbaatar 11, Naaun, Mongolia.

Lin Fashions S.A., Lot 111, San Pedro de

Macoris, Dominican Republic.

Samsung Corporation, CPO Box 1144, Seoul,

Korea.

United Textile and Weaving, P.O. Box 40355,

Sharjah, United Arab Emirates.

If you have any information as to a

correct mailing address for any of the

above 40 firms, please send that

information to the Assistant

Commissioner, Office of Field

Operations, U.S. Customs Service, 1301

Constitution Avenue, N.W.,

Washington, D.C. 20229.

Dated: March 27, 1997.

Audrey Adams,

Acting Assistant Commissioner, Office of

Field Operations.

[FR Doc. 97–8218 Filed 3–31–97; 8:45 am]

BILLING CODE 4820–02–P