[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]]

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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.

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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