[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Pages 2739-2742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-706]


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[[Page 2740]]

COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS


Establishment of a New Export Visa Arrangement, Certification 
Requirements and Establishment of a Guaranteed Access Level for Certain 
Cotton and Man-Made Fiber Textile Products Produced or Manufactured in 
El Salvador

January 6, 1995.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).

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

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EFFECTIVE DATE: January 11, 1995.

FOR FURTHER INFORMATION CONTACT: Naomi Freeman, 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).

    The Export Visa Arrangement of December 27, 1994 between the 
Governments of the United States and the Republic of El Salvador 
establishes an export visa arrangement and certification requirements 
for certain textile products, produced or manufactured in El Salvador 
and exported from El Salvador on and after January 2, 1995. Goods 
exported during the period January 2, 1995 through March 3, 1995 shall 
not be denied entry for lack of a visa. All goods exported after March 
3, 1995 must be accompanied by an appropriate visa or certification.
    Beginning on January 11, 1995, the U.S. Customs Service will start 
signing the first section of the form ITA-370P for shipments of U.S. 
formed and cut parts in Categories 340/640 that are destined for El 
Salvador and subject to the GAL established for Categories 340/640 the 
period beginning on January 2, 1995 and extending through December 31, 
1995. These products are governed by Harmonized Tariff item number 
9802.00.8015 and Chapter 61 Statistical Note 5 and Chapter 62 
Statistical Note 3 of the Harmonized Tariff Schedule. Interested 
parties should be aware that shipments of cut parts in Categories 340/
640 must be accompanied by a form ITA-370P, signed by a U.S. Customs 
officer, prior to export from the United States for assembly in El 
Salvador in order to qualify for entry under the Special Access 
Program.
    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).
    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.
    Facsimiles of the visa and certification stamps for the Government 
of the Republic of El Salvador are on file at the U.S. Department of 
Commerce, Office of Textiles and Apparel, 14th and Constitution Avenue, 
NW., room 3104, Washington, DC.
    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.
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

Committee for the Implementation of Textile Agreements
January 6, 1995.

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

    Dear Commissioner: Under the terms of section 204 of the 
Agricultural Act of 1956, as amended (7 U.S.C. 1854), and pursuant 
to the Export Visa Arrangement of December 27, 1994 between the 
Governments of the United States and the Republic of El Salvador; 
and in accordance with the provisions of Executive Order 11651 of 
March 3, 1972, as amended, you are directed to prohibit, effective 
on January 11, 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 and man made fiber textile 
products in Categories 340/640, produced or manufactured in El 
Salvador and exported from El Salvador on and after January 2, 1995 
for which the Government of the Republic of El Salvador has not 
issued an appropriate export visa or certification fully described 
below. Should additional categories, merged categories or part 
categories be added to the bilateral agreement, the entire 
category(s) or part category(s) shall be included in the coverage of 
this arrangement on an agreed effective date. However, goods 
exported during the period January 2, 1995 through March 3, 1995 
shall not be denied entry for lack of a visa. All goods exported 
after March 3, 1995 must be accompanied by an appropriate visa or 
certification.
    A visa must accompany each commercial shipment of the 
aforementioned textile products, unless under the Special Access 
Program. 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 El Salvador is ``SV''). The first 
two codes shall be followed by the number ``1'' and a five-digit 
serial number identifying the shipment; e.g., 5SV100002.
    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.
    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, as 
amended.
    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 340/640 may be visaed as 340/640 or if the 
shipment consists solely of 340 merchandise, the shipment may be 
visaed as ``Cat. 340,'' but not as ``Cat. 640'').
    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.
    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 and correct visa 
must be obtained from the Government of the Republic of El Salvador, 
or a visa waiver may be issued by the U.S.

[[Page 2741]]

Department of Commerce at the request of the Government of the 
Republic of El Salvador, 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 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 El Salvador 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, 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 textile products which has been assembled in 
the Republic of El Salvador wholly from components cut in the United 
States from U.S.-formed fabric which is subject to the Guaranteed 
Access Level shall be so certified by the Government of the Republic 
of El Salvador. 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, the District of Columbia and Puerto Rico).
    A certification must accompany each commercial shipment of the 
aforementioned textile products. A rectangular stamped marking in 
blue ink will appear on the front of the original commercial 
invoice. The original certification shall not be stamped on 
duplicate copies of the invoice. The original invoice with the 
original certification stamp will be required to enter the shipment 
into the United States. Duplicates of the invoice and/or 
certification may not be used for this purpose.
    Each certification shall include the following information:
    1. The certification number. The certification 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 El 
Salvador is ``SV''). The first two codes shall be followed by the 
number ``2'' and a five-digit serial number identifying the 
shipment; e.g., 5SV200002.
    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.
    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, as 
amended.
    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 level.
    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:
    A. A valid certification by the Government of the Republic of El 
Salvador.
    B. A completed copy of the CBI Export Declaration (U.S. 
Department of Commerce Form ITA-370P) with a proper declaration by 
the Republic of El Salvador assembler that the articles were subject 
to assembly in the Republic of El Salvador from parts described on 
that CBI Export Declaration; and
    C. 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 Caribbean Basin Textile Special Access Program, then a new 
certification from the Government of the Republic of El Salvador 
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 El 
Salvador 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 Special Access 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.
    Effective on January 11, 1995, you are directed to establish a 
Guaranteed Access Level for cotton and man-made fiber textile 
products in Categories 340/640 at 1,000,000 dozen for the period 
beginning on January 1, 1995 and extending through December 31, 
1995.
    Beginning on January 11, 1995, you are directed to start signing 
the first section of the form ITA-370P for shipments of U.S. formed 
and cut parts in Categories 340/640 that are destined for El 
Salvador and subject to the GAL established for Categories 340/640 
the January 1, 1995 through December 31, 1995 period.
    Visaed merchandise and products eligible for the Caribbean Basin 
Textile Special Access Program may not appear on the same invoice.
    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 
or certification for entry and shall not be charged to agreement 
levels.
    Facsimiles of the visa stamps are enclosed with this letter.
    The actions taken concerning the Government of the Republic of 
El Salvador 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,
D. Michael Hutchinson,
Acting Chairman, Committee for the Implementation of Textile 
Agreements.

BILLING CODE 3510-DR-F

[[Page 2742]]

[GRAPHIC] [TIFF OMITTED] TN11JA95.000



[FR Doc. 95-706 Filed 1-6-95; 3:40 pm]
BILLING CODE 3510-DR-C