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[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63512-63514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30097]

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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS

Establishment of a New Export Visa Arrangement and Certification 
Requirements for Certain Cotton, Wool, Man-Made Fiber, Silk-Blend and 
Non-Cotton Vegetable Fiber Textiles and Textile Products Produced or 
Manufactured in Colombia

December 5, 1995.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

ACTION: Issuing a directive to the Commissioner of Customs establishing 
new export visa and certification requirements.

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EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT: Jennifer Aldrich, 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).

    On October 31, 1995 representatives of the Governments of the 
United States and the Republic of Colombia signed an agreement to 
establish a new export visa arrangement and certification requirements 
for certain cotton, wool, man-made fiber, silk-blend and other 
vegetable fiber textiles and textile products, produced or manufactured 
in Colombia and exported from Colombia on and after November 10, 1995. 
Goods exported during the period November 10, 1995 through December 31, 
1995 shall not be denied entry for lack of a visa or certification. All 
goods exported after January 1, 1996 must be accompanied by an 
appropriate export visa or certification. Certain merchandise shall be 
exempt from quota requirements.
    In the letter published below, the Chairman of CITA directs the 
Commissioner of Customs to prohibit entry of certain textile products, 
produced or manufactured in Colombia and exported from Colombia for 
which the Government of the Republic of Colombia has not issued an 
appropriate export visa or certificate.
    Facsimiles of export visa and certification stamps are on file at 
the U.S. Department of Commerce in Room 3100.
    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 59 FR 65531, published on December 20, 1994). Also see 
60 FR 45144, published on August 30, 1995; 60 FR 45145, published on 
August 30, 1995; 60 FR 53762, published on October 17, 1995.
    Requirements for participation in the Special Access Program are 
available in Federal Register notices 51 FR 21208, published on June 
11, 1986; 52 FR 26057, published on July 10, 1987; and 54 FR 50425, 
published on December 6, 1989. Also see 41 FR 30707, published on July 
26, 1976.
    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.
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.

Committee for the Implementation of Textile Agreements
December 5, 1995.

Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.

    Dear Commissioner: This directive cancels and supersedes the 
directive issued to you on July 20, 1976, as amended, by the 
Chairman, Committee for the Implementation of Textile Agreements. 
That directive 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 Colombia and 
exported from Colombia for which the Government of the Republic of 
Colombia has not issued an appropriate export visa or certificate.
    Under the terms of section 204 of the Agricultural Act of 1956, 
as amended (7 U.S.C. 1854); pursuant to the Export Visa Arrangement 
dated October 31, 1995 between the Governments of the United States 
and the Republic of Colombia; and in accordance with the provisions 
of Executive Order 11651 of March 3, 1972, as amended, you are 
directed to prohibit, effective on December 6, 1995, 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 800-899, including merged and part categories, produced or 
manufactured in Colombia and exported from Colombia on and after 
November 10, 1995 for which the Government of the Republic of 
Colombia has not issued an appropriate export visa fully described 
below. Should additional categories, merged categories or part 
categories become subject to import quota the entire category(s) or 
part category(s) shall be included in the coverage of this 
arrangement. Goods exported during the period November 10, 1995 
through December 31, 1995 shall not be denied entry for lack of a 
visa or certification.
    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 Colombia is ``CO''). These first 
two codes shall be followed by the number ``1'' and a five-digit 
serial number identifying the shipment, e.g., 5CO112345.
    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 Republic of Colombia.
    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 or 
successor document and in the Harmonized Tariff Schedule of the 
United States Annotated (HTSUSA or successor documents) shall be 
reported in the spaces provided within the visa stamp (e.g., ``Cat. 
352-510 DZ'').
    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 352/652 may be visaed as 352/652 or if the 
shipment consists solely of 352 merchandise, the shipment may be 
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
    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 

[[Page 63513]]
and only the amount entered shall be charged to any applicable quota.
    The complete name and address of the actual manufacturer of the 
textile product must be included on the visa document. If a textile 
product has been processed by more than one manufacturer, the 
complete name and address of the last firm to substantially 
transform the article into a new and different article of commerce 
must be listed on the visa document.
    If the visa is not acceptable then a new visa must be obtained 
from the Government of the Republic of Colombia, or a visa waiver 
may be issued by the U.S. Department of Commerce at the request of 
the Embassy of Colombia in Washington, DC, 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.
    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 Colombia has been allowed entry into the 
commerce of the United States with either an incorrect category 
classification or misstatement of the quantity, and redelivery is 
requested but cannot be made, U.S. Customs shall charge the shipment 
to the correct category limit whether or not a replacement visa or 
visa waiver is provided.
    Each shipment of items to be exempted from the bilateral 
agreement shall be accompanied by a certification issued by the 
Government of the Republic of Colombia. The certification shall be a 
stamped marking in blue ink on the front of the invoice.
    The Government of the Republic of Colombia will include the 
following information on each certification:
    1. authorized signature and title of the official issuing the 
certification;
    2. identify the items exempted;
    3. date the certificate was signed and certified;
    4. certificate number.
    5. in the space marked ``Description'' indicate that the 
shipment is either ``less than $250,'' ``a cottage industry product 
of handloom fabric,'' or the name of the particular Colombian 
traditional folklore products as listed in Annex A.
     An export visa will not be required for shipments of certified 
exempt items.
    Each shipment of textile products which has been assembled in 
the Republic of Colombia wholly from components cut in the United 
States from U.S. formed fabric which are subject to the Andean 
Special Access Textile Program as set out in the Agreement shall be 
so certified by the Government of the Republic of Colombia. This 
certification shall be presented to the U.S. Customs Service before 
entry, or withdrawal from warehouse for consumption, into the 
customs territory of the United States (the 50 states and Puerto 
Rico).
    Each shipment shall be certified by the stamping of the original 
rectangular-shaped stamped marking in blue ink on the front of the 
original commercial invoice. The original copy of the invoice with 
the original certification will be required in order to enter the 
shipment into the United States. Duplicate copies of the invoice 
and/or certification may not be used.
    Each certification shall include the following information:
    1. The certification number. The certification number shall be 
nine digits and letters. It shall begin with one digit for the last 
digit of the year of export followed by the two character country 
code for Colombia, which is ``CO.'' These first two codes shall be 
followed by the number ``2'' and a five-digit serial number 
identifying the shipment, e.g., 5CO212345.
    2. The date of issuance. The date of issuance shall be the day, 
month and year in which the visa was issued.
    3. The original signature of the issuing official of the 
Government of the Republic of Colombia.
    4. The correct category(s), merged category(s), part 
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 Harmonized Tariff Schedule of the 
United States Annotated (HTSUSA or successor documents) shall be 
reported in the spaces provided within the visa stamp (e.g., ``Cat. 
352-510 DZ'').
    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 352/652 may be visaed as 352/652 or if the 
shipment consists solely of 352 merchandise, the shipment may be 
visaed as ``Cat. 352,'' but not as ``Cat. 652'').
    U.S. Customs shall not permit entry if the shipment does not 
have a 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 and only the amount entered shall be charged to any 
applicable quota.
    Entry of textile products subject to the certification system 
outlined above into the customs territory of the United States will 
be permitted only for those shipments accompanied by:
    1. A valid certification by the Government of the Republic of 
Colombia.
    2. A completed copy of form ITA-370P or successor document with 
a proper declaration by the Colombian assembler that the articles 
were subject to assembly in Colombia from parts described on that 
declaration; and
    3. A proper importer's declaration.
    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. If U.S. Customs 
determines that the certification is invalid because of an error, 
and the remaining documentation fulfills requirements for entry 
under the Andean Special Access Textile Program then a new 
certification from the Government of the Republic of Colombia must 
be obtained or a visa waiver issued by the U.S. Department of 
Commerce at the request of the Government of the Republic of 
Colombia must be obtained and presented to the U.S. Customs Service 
before any portion of the shipment will be released.
    Any shipment found not to be in compliance with the provisions 
of the Andean Special Access Textiles Program relating to trade in 
textile products wholly assembled of U.S. components cut from U.S. 
formed fabrics, may be permanently denied entry under this program.
    Merchandise imported for the personal use of the importer and 
not for resale, regardless of value, and properly marked or 
mutilated commercial sample shipments valued at U.S.$250 or less, do 
not require a visa or certification for entry and shall not be 
charged to existing quota levels.
    Visaed merchandise and products eligible for the Andean Special 
Access Textiles Program may not appear on the same invoice.
    The visa and certification stamps are enclosed. The 
certification stamp for exempt items remains unchanged.
    The actions taken concerning the Government of the Republic of 
Colombia 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--Colombian Traditional Folklore Handicraft Textile Products  
                                                                        
                                                                        
                                                                        
                                           ``Colombian Items'' are      
                                          traditional Colombian         
                                          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:           
                                                                        
1.                                       Bedspread: Bedspread made on   
                                          manual loom.                  
2.                                       Blouse with crochet knitted    
                                          neck: A blouse made of greige 
                                          cloth heavily decorated around
                                          the neck, extending down the  
                                          front and around the sleeves  
                                          with hand crochet work. This  
                                          blouse also has embroidered   
                                          panels extending down the     
                                          front on either side of the   
                                          crochet work.                 

[[Page 63514]]
                                                                        
3.                                       Embroidered Blouse: Hand cut   
                                          and hand sewn blouse with     
                                          extensive hand embroidery on  
                                          the upper front and lower     
                                          portions.                     
4.                                       Embroidered Skirt: Hand cut and
                                          hand sewn skirt with extensive
                                          hand embroidery.              
5.                                       Blankets, Hand Woven: These    
                                          colorful blankets are hand    
                                          woven from wool, cotton or    
                                          wool and cotton, heavy yarns  
                                          to form striped or block      
                                          patterns. The ends may be     
                                          finished with spangles formed 
                                          by the ends of the yarn and   
                                          knotted, or may be hemmed.    
6.                                       Indian Embroidered Cloth: Cloth
                                          panels hand embroidered with  
                                          various crude and colorful    
                                          Indian scenes. Generally these
                                          cloths are used as wall       
                                          hangings.                     
7.                                       Typical Colombia Dress: An     
                                          ankle length dress with a very
                                          wide skirt trimmed with wide  
                                          handmade lace. The entire     
                                          dress is hand cut and hand    
                                          sewn and is a typical dress   
                                          for gaiety affairs.           
8.                                       Typical Guajira Dress: A       
                                          traditional loose fitting     
                                          women's garment formed by a   
                                          folded rectangular piece of   
                                          fabric with a hole or slot in 
                                          the center for the head, with 
                                          intricate embroidery around   
                                          the neck. This dress is made  
                                          similar to a ruana, but has   
                                          the outer edges sewn together 
                                          except for slots for the hands
                                          and arms, and has closures on 
                                          the front.                    
9.                                       Typical Mapale Dress: A knee   
                                          length dress consisting of    
                                          very wide skirt having a row  
                                          of heavy ruffles around the   
                                          blouse portion and two bands  
                                          of wide ruffles forming the   
                                          skirt. A very gay colored     
                                          festival dress.               
10.                                      Typical Mestiza Dress: A native
                                          handmade dress with wide      
                                          neckline, ruffled collar and  
                                          wide skirt and with ruffles on
                                          the lower part of the skirt.  
11.                                      Hammock: Multicolored stripped 
                                          hammocks made by hand from    
                                          coarse fabrics. Ends are      
                                          formed and reinfored with     
                                          strong rope.                  
12.                                      Jacket, hand knitted: Wholly   
                                          hand knitted jacket. These    
                                          jackets are usually knitted   
                                          from wool yarns. Patched      
                                          pockets, also hand knitted,   
                                          are hand sewn to the garment. 
13.                                      Jacket of hand loomed fabric:  
                                          These jackets are wholly hand 
                                          made from hand loomed fabrics.
                                          Patched pockets, also of hand 
                                          loomed fabric, are hand sewn  
                                          to the garment.               
14.                                      Ruana: A cloak made from a     
                                          heavy rectangular piece of    
                                          fabric or a blanket with hole 
                                          in the center for the head to 
                                          pass through. This is a       
                                          typical garment worn by men,  
                                          women and children throughout 
                                          the higher and cooler         
                                          altitudes of Colombia. The    
                                          men's ruana will generally    
                                          have no fringes. Women's      
                                          ruanas may have fringes and   
                                          are sometimes slit from the   
                                          neck opening to the edge to   
                                          permit the wearer to put it on
                                          as a cape. Children's ruanas  
                                          sometimes have a color around 
                                          the opening with draw strings 
                                          for a close fit. These        
                                          garments are sometimes known  
                                          as ponchos.                   
15.                                      Rugs, hand woven or hand       
                                          knotted: These rugs are       
                                          usually made from wool yarns  
                                          and are either wholly hand    
                                          woven or hand knotted. They   
                                          are generally square or       
                                          rectangular in shape and are  
                                          in colorful designs.          
16.                                      Macrame Shawl: Hand made shawls
                                          wholly of macrame lace or with
                                          macrame lace edge. The shawls 
                                          are in various colors with the
                                          typical long fringe around the
                                          lower edges.                  
17.                                      Sweaters and Cardigans, hand   
                                          knitted: Wholly hand knitted  
                                          sweaters and cardigans,       
                                          generally a bulky knit with   
                                          decorative vertical patterns. 
18.                                      Table Cloths and Napkins,      
                                          embroidered: Table cloths and 
                                          napkins cut and hemmed by hand
                                          and extensively embroidered by
                                          hand.                         
19.                                      Colorful waist band: Hand      
                                          plaited waist bands in        
                                          multicolors. These are        
                                          sometimes sewn together to    
                                          form wide bands.              
20.                                      Wall hangings, rectangular: A  
                                          colorful wall hanging made    
                                          from coarse yarns connected to
                                          decorative crudely woven      
                                          bands. These are hand made and
                                          come in various sizes.        
21.                                      Wall hanging, tree: Tree shaped
                                          wall hangings formed by       
                                          connecting together crudely   
                                          woven bands in graduated sizes
                                          with coarse yarns to form the 
                                          outline of a tree. The wall   
                                          hanging is decorated with     
                                          small balls of cotton fiber.  
22.                                      Indian Color Knapsack: Knapsack
                                          made with belt like woven or  
                                          plaited strap and multicolored
                                          bag, to be worn on the        
                                          shoulder.                     
23.                                      Pillow Covers, Embroidered by  
                                          hand: Covers for throw pillow 
                                          containing extensive hand     
                                          embroidery covering 50 percent
                                          or more of the outer surface  
                                          of the cover.                 
24.                                      Hand made macrame handbags     
25.                                      Molas: Hand appliqued layers of
                                          different colors, forming     
                                          geometric and abstract        
                                          designs, made of cotton       
                                          material.                     
26.                                      Santa Rosa Tapestries,         
                                          Bedspreads and Pillowcases:   
                                          Tapestries, bedspreads and    
                                          pillowcases, of vivid colors, 
                                          with hand appliqued figures   
                                          forming landscapes and folk   
                                          scenes, made of cotton        
                                          material.                     
                                                                        

[FR Doc. 95-30097 Filed 12-8-95; 8:45 am]
BILLING CODE 3510-DR-F
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