18758 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Director, Alaska Region, NMFS, P.O.

Box 21668, Juneau, AK 99802–1668

(907/568–7221).

SUPPLEMENTARY INFORMATION: On

February 27, 1997, notice was published

in the Federal Register (62 FR 8929)

that an amendment of permit no. 838,

issued May 17, 1993 (58 FR 29810), had

been requested by the above-named

individual. The requested amendment

has been granted under the authority of

the Marine Mammal Protection Act of

1972, as amended (16 U.S.C. 1361 et

seq.), and the provisions of § 216.33 of

the Regulations Governing the Taking

and Importing of Marine Mammals (50

CFR part 216).

Dated: April 10, 1997.

Ann Terbush,

Chief, Permits & Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 97–9959 Filed 4–17–97; 8:45 am]

BILLING CODE 3510–22–F

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.

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
Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 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 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.

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.
18760 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

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.

Annex A—Continued

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

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[OMB Control No. 9000–0079]

Proposed Collection; Comment

Request Entitled Corporate Aircraft

Costs

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Notice of request for public

comments regarding an extension to an

existing OMB clearance (9000–0079).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Federal

Acquisition Regulation (FAR)

Secretariat will be submitting to the

Office of Management and Budget

(OMB) a request to review and approve

an extension of a currently approved

information collection requirement

concerning Corporate Aircraft Costs.

This OMB clearance expires on June 30,

1997.

DATES: Comment Due Date: June 16,

1997.

ADDRESSES: Comments regarding this

burden estimate or any other aspect of

this collection of information, including

suggestions for reducing this burden,

should be submitted to: FAR Desk

Officer, OMB, Room 10102, NEOB,

Washington, DC 20503, and a copy to

the General Services Administration,

FAR Secretariat, 18th & F Streets, NW.,

Room 4037, Washington, DC 20405.

Please cite OMB Control No. 9000–0079

in all correspondence.

FOR FURTHER INFORMATION CONTACT: Jerry

Olson, Office of Federal Acquisition

Policy, GSA (202) 501–3221.

SUPPLEMENTARY INFORMATION:

A. Purpose

Government contractors that use

company aircraft must maintain logs of

flights containing specified information

to ensure that costs are properly charged

against Government contracts and that

directly associated costs of unallowable

activities are not charged to such

contracts.

B. Annual Recordkeeping Burden

The annual recordkeeping burden is

estimated as follows: Recordkeepers,

3,000; hours per recordkeeper, 6; and

total recordkeeping burden hours,

18,000.

Obtaining Copies of Proposals

Requester may obtain a copy the of

the justification from the General

Services Administration, FAR

Secretariat (VRS), Room 4037,

Washington, DC 20405, telephone (202)

501–4755. Please cite OMB Control No.

9000–0079, Corporate Aircraft Costs, in

all correspondence.

Dated: April 10, 1997.

Sharon A. Kiser,

FAR Secretariat.

[FR Doc. 97–9982 Filed 4–16–97; 8:45 am]

BILLING CODE 6820–EP–P