[Federal Register Volume 64, Number 65 (Tuesday, April 6, 1999)]
[Notices]
[Pages 16781-16783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8423]
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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.
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SUMMARY: This document notifies the public of foreign entities which
have been issued a penalty claim under section 592 of the Tariff Act,
for certain violations of the customs laws. This list is authorized to
be published by section 333 of the Uruguay Round Agreements Act.
FOR FURTHER INFORMATION CONTACT: For information regarding any of the
operational aspects, contact Scott Greenberg, National Seizures and
Penalties Officer, Seizures and Penalties Division, Office of Field
Operations, (415) 782-9442. 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) (Public Law
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 and/or
persons have been issued a penalty claim under section 592 of the
Tariff Act, 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
Secs. 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 allowed, 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 person or entity has not committed any of the
enumerated violations for a period of not less than 3 years after the
date on which the person or entity'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. Reliance
solely upon information regarding the imported product from a person
named on the list is clearly not the exercise of reasonable care. Thus,
the 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 of the Tariff Act of 1930, 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 an origin conferring process is made in
accordance with 19 CFR 102.21, has the importer ascertained that the
named party actually performed the required process?
(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
[[Page 16782]]
the supplier or manufacturer that the visa, permit, and/or license is
both valid and accurate as to its origin? Has the importer scrutinized
the visa, permit or license as to any irregularities that would call
its authenticity into question?
The law authorizes a biannual publication of the names of the
foreign entities and/or persons. On October 5, 1998, Customs published
a Notice in the Federal Register (63 FR 53493) which identified 26
(twenty-six) entities which fell within the purview of section 592A of
the Tariff Act of 1930.
592A List
For the period ending March 31, 1999, Customs has identified 24
(twenty-four) foreign entities that fall within the purview of section
592A of the Tariff Act of 1930. This list reflects the addition of 3
new entities and 5 removals to the 26 entities named on the list
published on October 5, 1998. 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 24 foreign parties which have been
assessed penalties by Customs for violations of section 592 are listed
below pursuant to section 592A. This list supersedes any previously
published list. The names and addresses of the 24 foreign parties are
as follows (the parenthesis following the listing sets forth the month
and year in which the name of the company was first published in the
Federal Register):
Azmat Bangladesh, Plot Number 22-23, Sector 2 EPZ, Chittagong 4233,
Bangladesh. (9/96)
Cupid Fashion Manufacturing Ltd., 17/F Block B, Wongs Factory
Building, 368-370 Sha Tsui Road, Tsuen Wan, Hong Kong. (9/97)
Excelsior Industrial Company, 311-313 Nathan Road, Room 1, 15th
Floor, Kowloon, Hong Kong. (9/98)
Eun Sung Guatemala, S.A., 13 Calle 3-62 Zona Colonia Landivar,
Guatemala City, Guatemala. (3/98)
Everlast Glove Factory, Goldfield Industrial Centre, 1 Sui Wo Road,
Room 15, 15th Floor, Fo Tan, Shatin, New Territories, Hong Kong. (3/
99)
Glory Growth Trading Company, No.6 Ping Street, Flat 7-10, Block A,
21st Floor, New Trade Plaza, Shatin, New Territories, Hong Kong. (9/
98)
Great Southern International Limited, Flat A, 13th floor, Foo Cheong
Building, 82-86 Wing Lok Street, Central, Hong Kong. (9/98)
G.T. Plus Ltd., Kowloon Centre, 29-43 Ashley Road, 4/Fl,
Tsimshatsui, Kowloon, Hong Kong. (3/99)
Hyattex Industrial Company, 3F, No. 207-4 Hsin Shu Road, Hsin Chuang
City, Taipei Hsien, Taiwan. (9/96)
Jentex Industrial, 7-1 Fl., No. 246, Chang An E. Rd., Sec.2, Taipei,
Taiwan. (3/97)
Jiangxi Garments Import and Export Corp., Foreign Trade Building, 60
Zhangqian Road, Nanchang, China. (3/98)
Liable Trading Company, 1103 Kai Tak Commercial Building, 62-72
Stanley Street, Kowloon, Hong Kong. (9/98)
Li Xing Garment Company Limited, 2/F Long Guang Building, Number 2
Manufacturing District, Sanxiang Town, Zhongshan, Guandgong, China.
(9/96)
Mabco Limited, 6/F VIP Commercial Centre, 116-120 Canton Road,
Kowloon, Hong Kong. (3/99)
McKowan Lowe & Company Limited, 1001-1012 Hope Sea Industrial
Centre, 26 Lam Hing Street, Kowloon Bay, Kowloon, Hong Kong. (9/98)
Meigao Jamaica Company Limited, 134 Pineapple Ave., Kingston,
Jamaica. (9/96)
Meiya Garment Manufacturers Limited, No. 2 Building, 3/F, Shantou
Special Economic Zone, Shantou, China. (9/96)
Rex Industries Limited, VIP Commercial Center, 116-120 Canton Road,
11th Floor, Tsimshatsui, Kowloon, Hong Kong. (9/98)
Sannies Garment Factory, 35-41 Tai Lin Pai Road, Gold King
Industrial Building, Flat A & B, 2nd Floor, Kwai Chung, New
Territories, Hong Kong. (9/98)
Shing Fat Gloves & Rainwear, 2 Tai Lee Street, 1-2 Floor, Yuen Long,
New Territories, Hong Kong. (9/98)
Sun Kong Glove Factory, 188 San Wan Road, Units 32-35, 3rd Floor,
Block B, Sheung Shui, New Territories, Hong Kong. (9/98)
Sun Weaving Mill Ltd., Lee Sum Factory Building, Block 1 & 2, 23 Sze
Mei Street, Sanpokong, Bk 1/2, Kowloon, Hong Kong. (9/97)
Takhi Corporation, Huvsgalchdyn Avenue, Ulaanbaatar 11, Mongolia.
(3/98)
Topstyle Limited, 6/F, South Block, Kwai Shun Industrial Center, 51-
63
Container Port Road, Kwai Chung, New Territories, Hong Kong. (9/96)
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, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.
Additional Foreign Entities
In the October 5, 1998, Federal Register notice, Customs also
solicited information regarding the whereabouts of 29 foreign entities,
which were identified by name and known address, concerning alleged
violations of section 592. Persons with knowledge of the whereabouts of
those 29 entities were requested to contact the Assistant Commissioner,
Office of Field Operations, United States Customs Service, 1300
Pennsylvania Avenue, NW, Washington, DC 20229.
In this document, a new list is being published which contains the
names and last known addresses of 31 entities. This reflects the
addition of two new entities to the list.
Customs is soliciting information regarding the whereabouts of the
following 31 foreign entities concerning alleged violations of section
592. Their names and last known addresses are listed below (the
parenthesis following the listing sets forth the month and year in
which the name of the company was first published in the Federal
Register):
Balmar Export Pte. Ltd., No. 7 Kampong Kayu Road, Singapore, 1543.
(3/98)
Envestisman Sanayi A.S., Buyukdere Cad 47, Tek Is Merkezi, Istanbul,
Turkey. (9/97)
Essence Garment Making Factory, Splendid Centre, 100 Larch Street,
Flat D, 5th Floor, Taikoktsui, Kowloon, Hong Kong. (3/98)
Fabrica de Artigos de Vest. Dynasty, Lda., Avenida do Almirante
Magalhaes Correia, Edificio Industrial Keck Seng, Block III, 4th
Floor ``UV'', Macau. (3/98)
Fabrica de Artigos de Vestuario Lei Kou, No. 45 Estrada Marginal de
Areia Preta, Edif.Ind.Centro Polytex, 6th Floor, D, Macau. (9/98)
Fabrica de Vestuario Wing Tai, 45 Estrada Marginal Da Areia Preta,
Edif. Centro Poltex, 3/E, Macau. (3/98)
Galaxy Gloves Factory, Annking Industrial Building, Wang Yip East
Street Room A, 2/F, Lot 357, Yuen Long Industrial Estate, Yuen Long,
New Territories, Hong Kong. (3/98)
Golden Perfect Garment Factory, Wong's Industrial Building, 33 Hung
To Road, 3rd Floor, Kwun Tong, Kowloon, Hong Kong. (9/98)
Grey Rose Maldives, Phoenix Villa, Majeedee Magu, Male, Republic of
Maldives. (3/98)
K & J Enterprises, Witty Commercial Building, 1A-1L Tung Choi
Street, Room 1912F, Mong Kok, Kowloon, Hong Kong. (9/98)
Konivon Development Corp., Shun Tak Center, 200 Connaught Road, No.
3204, Hong Kong. (3/98)
Kwuk Yuk Garment Factory, Kwong Industrial Building, 39-41 Beech
St., Flat A, 11th Floor, Tai Kok Tsui, Kowloon, Hong Kong. (3/98)
Land Global Ltd., Block c, 14/F, Y.P. Fat Building, Phase 1, 77 Hoi
Yuen Road, Kowloon, Hong Kong. (9/97)
Leader Glove Factory, Tai Ping Industrial Centre, 57, Ting Kok
Road, 25/F, Block 1, Flat A, Tai Po, New Territories, Hong Kong. (3/
98)
Lins Fashions S.A., Lot 111, San Pedro de Macoris, Dominican
Republic. (9/96)
Maxwell Garment Factory, Unit C, 21/F, 78-84, Wang Lung Street,
Tseun Wan, New Territories, Hong Kong. (3/99)
[[Page 16783]]
New Leo Garment Factory Ltd, Galaxy Factory Building, 25-27 Luk Hop
Street, Unit B, 18th Floor, San Po Kong, Kowloon, Hong Kong. (9/98)
Patenter Trading Company, Block C. 14/F, Yip Fat Industrial
Building, Phase 1, 77 Hoi Yuen Road, Kowloon, Hong Kong. (9/97)
Penta-5 Holding (HK) Ltd., Metro Center II, 21 Lam Hing Street,
Room 1907, Kowloon Bay, Kowloon, Hong Kong. (9/98)
Round Ford Investments, 37-39 Ma Tau Wai Road, 13/f Tower B,
Kowloon, Hong Kong. (9/97)
Shanghai Yang Yuan Garment Factory, 2 Zhaogao Road, Chuanshin,
Shanghai, China. (9/97)
Silver Pacific Enterprises Ltd., Shun Tak Center, 200 Connaught
Road, No. 3204, Hong Kong. (3/98)
Tak Hing Textile Company Limited, Wo Fung Industrial Building, 3/F,
block D, Lot No. 5180, IN D.D 51, On Lok Village, Fanling, New
Territories, Hong Kong. (3/99)
Tat Hing Garment Factory, Tat Cheong Industrial Building, 3 Wing
Ming Street, Block C, 13/F, Lai Chi Kok, Kowloon, Hong Kong. (3/98)
Tientak Glove Factory Limited, 1 Ting Kok Road, Block A, 26/F, Tai
Po, New Territories, Hong Kong. (3/98)
United Textile and Weaving, P.O. Box 40355, Sharjah, United Arab
Emirates. (3/97)
Wealthy Dart, Wing Ka Industrial Building, 87 Larch Street, 7th
Floor, Kowloon, Hong Kong. (3/98)
Wilson Industrial Company, Yip Fat Factory Building, 77 Hoi Yuen
Road, Room B, 3/F, Kwun Yong, Kowloon, Hong Kong. (3/98)
Wing Lung Manufactory, Hing Wah Industrial Building, Units 2, 5-8,
4th Floor YLTL 373, Yuen Long, New Territories, Hong Kong. (9/98)
Yogay Fashion Garment Factory Ltd, Lee Wan Industrial Building, 5
Luk Hop Street, San Po Kong, Kowloon, Hong Kong. (3/98)
Zuun Mod Garment Factory Ltd., Tuv Aimag, Mongolia. (9/97)
If you have any information as to a correct mailing address for any
of the above 31 firms, please send that information to the Assistant
Commissioner, Office of Field Operations, U.S. Customs Service, 1300
Pennsylvania Avenue, NW, Washington, DC 20229.
Dated: April 1, 1999.
Garnet J. Fee,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. 99-8423 Filed 4-5-99; 8:45 am]
BILLING CODE 4820-02-P