[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69743-69744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32424]
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COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Amendment of the Export Visa Arrangement to Include the New
Certification Stamp for Outward Processed Goods for Certain Wool
Textile Products Produced or Manufactured in the Former Yugoslav
Republic of Macedonia
December 9, 1999.
AGENCY: Committee for the Implementation of Textile Agreements (CITA).
ACTION: Issuing a directive to the Commissioner of Customs amending the
export visa and certification requirements.
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EFFECTIVE DATE: January 1, 2000.
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: Section 204 of the Agricultural Act of 1956, as
amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as
amended.
On September 17, 1999, the Governments of the United States and the
Former Yugoslav Republic of Macedonia agreed to amend the Export Visa
Arrangement for certain wool textile products exported under the
Outward Processing Program in Categories 433, 434, 435, 443 and 448
(see related notice concerning implementation of the Outward Processing
Program published elsewhere in this issue of the Federal Register),
produced or manufactured in the Former Yugoslav Republic of Macedonia
and exported from the Former Yugoslav Republic of Macedonia on and
after January 1, 2000. All products exported on and after January 1,
2000 must be accompanied by an appropriate export visa or
certification. This directive amends, but does not cancel the directive
published in the Federal Register on April 8, 1998 (see 63 FR 17156).
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 63 FR 71096, published on December 23, 1998).
Information regarding the 2000 CORRELATION will be published in the
Federal Register at a later date.
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for consumption, or withdrawn from warehouse for consumption, will meet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.
The visa stamp has not been changed; a facsimile of the new
certification stamp for the Outward Processing Program is on file at
the U.S. Department of Commerce, 14th and Constitution Avenue, NW, room
3104, Washington, DC.
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
Committee for the Implementation of Textile Agreements
December 9, 1999.
Commissioner of Customs,
Department of the Treasury, Washington, DC 20229.
Dear Commissioner: Pursuant to section 204 of the Agricultural
Act of 1956, as amended (7 U.S.C. 1854); Executive Order 11651 of
March 3, 1972, as amended; and the Bilateral Textile Agreement of
November 7, 1997, this directive amends, but does not cancel, the
directive dated April 2, 1998 (63 FR 17156, published on April 8,
1998) which established the Export Visa Arrangement between the
Governments of the United States and the Former Yugoslav Republic of
Macedonia.
Visa Requirements
Pursuant to the Visa Arrangement signed on September 17, 1999,
effective on January 1, 2000, you are directed to prohibit 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 wool textile products in Categories 433, 434, 435, 443 and 448,
produced or manufactured in the Former Yugoslav Republic of
Macedonia and exported from the Former Yugoslav Republic of
Macedonia on and after January 1, 2000 for which the Government of
the Former Yugoslav Republic of Macedonia has not issued an
appropriate export visa described below unless they are subject to
the Outward Processing Program described below. Should additional
categories, merged categories or part categories become subject to
import quota, the merged or part category(s) automatically shall be
included in the coverage of this visa arrangement. Merchandise in
the category(s) exported on or after the date the category(s)
becomes subject to import quotas shall require a visa.
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 or
successor document. 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 code specified by the International Organization for
Standardization (ISO) (the code for the Former Yugoslav Republic of
Macedonia is ``MK''). these two codes shall be followed by the
number``1'' and a five digit serial number identifying the shipment,
(e.g., 0MK112345).
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 and the printed name of the issuing
official authorized by the Government of the Former Yugoslav
Republic of Macedonia.
4. The correct category(s), merged category(s), part
category(s), quantity(s) and unit(s) of quantity of 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 or successor documents 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. Visaed quantities are rounded to the
closest whole number if the quantity exported exceeds one whole
unit, but is less than the next whole unit. Half units are rounded
up. If the quantity visaed is less than one unit, the shipment is
rounded upwards to one unit. Merged category quota merchandise may
be accompanied by either the appropriate merged category visa or the
correct category visa corresponding to the actual shipment. For
example, quota Category 347/348 may be visaed as ``Category 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.'' If, however, a merged quota category such as
340/640 has a quota sublimit on Category 340, then there must be
``Category 340'' visa for the shipment if it includes Category 340
merchandise.
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,
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.
The complete name and address of a company(s) actually involved
in the
[[Page 69744]]
manufacturing process of the textile product covered by the visa
shall be provided on the textile visa document.
If the visa is not acceptable then a new correct visa or a visa
waiver must be presented to the U.S. Customs Service before any
portion of the shipment will be released. A visa waiver may be
issued by the U.S. Department of Commerce at the request of the
Embassy of the Former Yugoslav Republic of Macedonia in Washington,
DC. The waiver, if used, only waives the requirement to present a
visa with the shipment at entry. It does not waive the 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, 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 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 the Former Yugoslav Republic of Macedonia
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.
Certification Requirements for Outward Processing Program
Each shipment of wool apparel products in Categories 433, 434,
435, 442, 443, 444, 447 and 448 which has been either assembled in
the Former Yugoslav Republic of Macedonia from components cut in the
United States from U.S. formed fabric or cut and assembled in the
Former Yugoslav Republic of Macedonia from U.S. formed fabric and is
eligible for the Outward Processing Program, shall be so certified
by the Government of the Former Yugoslav Republic of Macedonia in
order to qualify under this program. This certification shall be
presented to the U.S. Customs Service before qualifying goods may
enter or be withdrawn 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
qualifying goods. A square 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 as
qualifying goods. 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
the Former Yugoslav Republic of Macedonia is ``MK''). These two
codes shall be followed by the number ``2'' and a five-digit serial
number identifying the shipment, (e.g., 0MK212345).
2. The date of issuance. The date of issuance shall be the day,
month and year on which the certification 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 and the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA),
as amended.
U.S. Customs shall not permit entry as qualifying goods if the
shipment does not have a valid certification including 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. The categories
and quantities shall be those determined by the U.S. Customs
Service.
If the certification is not acceptable, then a new certification
must be obtained and presented to the U.S. Customs Service before
any portion of the shipment will be released.
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 as qualifying
goods unless the Government of the Former Yugoslav Republic of
Macedonia authorizes, by the issuance of a visa, the entry and any
changes to the appropriate agreement levels. If U.S. Customs
determines that the certification is invalid because of an error,
and the remaining documentation fulfills requirement for entry under
the Outward Processing Program, then a new certification from the
Government of the Former Yugoslav Republic of Macedonia must be
obtained or a visa waiver issued by the U.S. Department of Commerce
at the request of the Embassy of the Former Yugoslav Republic of
Macedonia in Washington, DC must be obtained and presented to the
U.S. Customs Service before any portion of the shipment will be
released.
General Provisions
The date of export is the actual date the merchandise finally
leaves the country of origin. For merchandise exported by carrier,
this is the day on which the carrier last departs the country of
origin.
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. $800 or less do not require an
export visa for entry and shall not be charged to existing quota
levels.
The visa stamp has not been changed; a facsimile of the new
certification stamp is enclosed with this letter.
The Committee for the Implementation of Textile Agreements has
determined that these actions fall within the foreign affairs
exception to the rulemaking provisions of 5 U.S.C. 553(a)(1).
Sincerely,
Troy H. Cribb,
Chairman, Committee for the Implementation of Textile Agreements.
[FR Doc. 99-32424 Filed 12-13-99; 8:45 am]
BILLING CODE 3510-DR-F