[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)] [Notices] [Pages 27017-27018] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-12927] [[Page 27017]] ======================================================================= ----------------------------------------------------------------------- COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Amendment of Quota and Visa Requirements to Include a New Exempt Certification Arrangement for Chinese Floor Coverings Produced or Manufactured in the People's Republic of China May 13, 1997. AGENCY: Committee for the Implementation of Textile Agreements (CITA). ACTION: Issuing a directive to the Commissioner of Customs amending quota and visa requirements. ----------------------------------------------------------------------- EFFECTIVE DATE: May 13, 1997. FOR FURTHER INFORMATION CONTACT: Janet Heinzen, 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). In a Memorandum of Understanding dated February 1, 1997, the Governments of the United States and the People's Republic of China agreed to a new exempt certification arrangement for Chinese floor coverings in HTS numbers 5701.10.1600, 5701.10.4000, 5701.10.9000, 5702.10.9010, 5702.51.2000, 5702.91.3000, 5703.10.0020, 5705.00.2005 (Category 465); 5703.20.1000, 5703.30.0020 (Category 665) and 5702.99.1010 (Category 369) which have been produced by hand knotting, hand weaving, hand tufting or hand needlepoint, and which contain a design produced through the use of yarns of different colors or through carving the face of the floor covering. Chinese floor coverings in the aforementioned HTS numbers, produced or manufactured in China and exported on and after April 1, 1997 shall be exempt from levels of restraint, visa requirements and an ELVIS (Electronic Visa Information System) transmission. If the commodity is exported on and after April 1, 1997 without an exempt certificate, then a visa and ELVIS transmission are required prior to the release of any portion of the shipment by the U.S. Customs Service. If a visa and an ELVIS transmission are not submitted, then the goods will be denied entry. A facsimile of the exempt certification stamp is on file at the U.S. Department of Commerce, 14th and Constitution Avenue, NW., Washington, DC, room 3100. In the letter published below, the Chairman of CITA directs the Commissioner of Customs to amend the existing quota and visa requirements for textile products, produced or manufactured in China and exported on and after April 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 62 59 FR 6950, published on February 14, 1997; and 62 FR 15465, published on April 1, 1997. 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 exempt 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 May 13, 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 March 27, 1997, by the Chairman, Committee for the Implementation of Textile Agreements, that directed you to prohibit entry of certain silk apparel, cotton, wool, man-made fiber, silk blend and other vegetable fiber textiles and textile products, produced or manufactured in China for which the Government of the People's Republic of China has not issued an appropriate export visa and ELVIS (Electronic Visa Information System) transmission. Also, this directive amends, but does not cancel, the February 10, 1997 directive that concerns imports of certain silk apparel, cotton, wool, man-made fiber, silk blend and other vegetable fiber textiles and textile products, produced or manufactured in China and exported during the twelve-month period beginning on January 1, 1997 and extending through December 31, 1997. Effective on May 13, 1997, you are directed, pursuant to a Memorandum of Understanding dated February 1, 1997, between the Governments of the United States and the People's Republic of China, to establish a new exempt certification arrangement for Chinese floor coverings in 5701.10.1600, 5701.10.4000, 5701.10.9000, 5702.10.9010, 5702.51.2000, 5702.91.3000, 5703.10.0020, 5705.00.2005 (Category 465); 5703.20.1000 and 5703.30.0020 (Category 665) and 5702.99.1010 (Category 369) which have been produced by hand knotting, hand weaving, hand tufting or hand needlepoint, and which contain a design produced through the use of yarns of different colors or through carving the face of the floor covering. Chinese floor coverings in the aforementioned HTS numbers in Categories 369, 465 and 665, produced or manufactured in China and exported on and after April 1, 1997 shall be exempt from quota and visa requirements and an ELVIS transmission for entry if properly certified by the Government of the People's Republic of China. An exempt certification must accompany each commercial shipment for the aforementioned textile products. An original rectangular- stamped marking in blue ink must appear on the front of the original commercial 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 the exempt certification may not be used. Each exempt certification stamp shall include the certificate number, exempt item in by the shipment, quantity, date of issuance, signature of the issuing official and name and code of the issuing authority. An exempt certification should be issued prior to the exportation of the shipment. Should a shipment be accompanied by a certification that is incorrect (i.e., the date of issuance, signature or other information is missing, or illegible) then the correct exempt certificate is required prior to the release of the goods. If the product does not meet the conditions described above (e.g., the product is misdescribed or misclassified), the exempt certification is unacceptable (i.e., the signature is crossed out or altered in any way or other information is altered), or the commodity is exported without an exempt certificate, then a visa and an ELVIS transmission should be submitted prior to the release of any portion of the shipment by the U.S. Customs Service and the merchandise shall be subject to existing quota requirements. If a visa and ELVIS transmission are not submitted, then the goods will be denied entry. An invoice may cover visaed merchandise or exempt certified merchandise, but not both. A facsimile of the exempt certification stamp is enclosed. The actions taken concerning the Government of the People's Republic of China 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. [[Page 27018]] Sincerely, D. Michael Hutchinson, Acting Chairman, Committee for the Implementation of Textile Agreements. [FR Doc. 97-12927 Filed 5-16-97; 8:45 am] BILLING CODE 3510-DR-F