Establishment of Agreed Import Levels and the ELVIS (Electronic Visa Information System) Requirement for Certain Cotton, Wool, Man-Made Fiber, Silk Blend and Other Vegetable Fiber Textiles and Textile Products Produced or Manufactured in the People's Republic of China, 74777-74779 [05-24175]
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Notices
(2) at least 50 percent of whose annual
revenue is attributable to nongovernmental, U.S. sources.
Selection Criteria
Commerce and USTR will consider
nominations of public health and health
care community representatives eligible
for appointment to ITAC 3 and ITAC 15
in light of the following criteria:
(1) The organization to be represented
has demonstrated an interest in health
issues relevant to the work of the ITAC.
(2) The nominee has demonstrated a
personal interest and expertise in health
issues relevant to the work of the ITAC,
and ability to work with governmental
officials and industry representatives to
reach consensus on complex health and
international trade issues affecting the
relevant industry sector.
(3) Preference will be accorded
nominees who also demonstrate
knowledge of and familiarity with the
relevant industry sector, as well as with
international trade matters, including
trade policy development, relevant to
that sector.
Public health and health care
community representatives selected for
appointment to an ITAC will be
required to have a security clearance.
Application Procedures
To begin the nomination process,
please send (1) sponsor letter (must be
on organization’s letterhead); (2)
resume; and (3) organization profile to
Ingrid V. Mitchem, Director, Industry
Trade Advisory Center, U.S. Department
of Commerce, 14th and Constitution
Avenue, NW., Room 4043, Washington,
DC 20230. Please indicate in your letter
the ITAC or ITACs to which you wish
to be appointed.
Dated: December 13, 2005.
J. Marc Chittum,
Designated Federal Officer.
[FR Doc. 05–24136 Filed 12–13–05; 1:59 pm]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 120205B]
Endangered and Threatened Species:
Notice of Intent to Prepare a Recovery
Plan for Central California Coast Coho
Salmon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Aug<31>2005
19:37 Dec 15, 2005
Jkt 208001
Notice of Intent to prepare a
recovery plan; request for information.
ACTION:
SUMMARY: NMFS is required by the
Federal Endangered Species Act of 1973
(ESA), as amended to develop plans for
the conservation and survival of
Federally listed species, i.e., recovery
plans. NMFS is announcing its’ intent to
prepare a recovery plan for the Central
California Coast coho salmon
(Oncorhynchus kisutch) Evolutionarily
Significant Unit (CCC coho salmon ESU)
and requests information from the
public.
DATES: Information must be received
within 120 days of the publication of
this notice.
ADDRESSES: Submit materials by any of
the following methods:
• E-mail:
CohoRecovery.swr@noaa.gov (No files
larger than 5MB will be accepted).
• Mail: National Marine Fisheries
Service, 777 Sonoma Avenue, Suite 325,
Santa Rosa, CA 95404, ATTN: Recovery
Coordinator/CCC Coho Salmon
Recovery Plan Comments.
• Hand-Delivered: National Marine
Fisheries Service, 777 Sonoma Avenue,
Suite 325, Santa Rosa, CA 95404, ATTN:
Recovery Coordinator/CCC Coho
Salmon Recovery Plan Comments.
Business hours are 8 am to 5 pm
Monday through Friday, except Federal
holidays.
• Fax: (707) 578–3435. Please include
the following on the cover page of the
fax ‘‘Attn: Recovery Coordinator/CCC
Coho Salmon Recovery Plan
Comments’’.
FOR FURTHER INFORMATION CONTACT:
Charlotte Ambrose, North-Central
California Coast Recovery Coordinator
at 707–575–6068 or
Charlotte.A.Ambrose@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS is
charged with the recovery of Pacific
salmon and steelhead species listed
under the ESA. The recovery planning
process is guided by the statutory
language of section 4(f) of the ESA and
NMFS policies. Recovery is the use of
all methods and procedures which are
necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the ESA are no longer
necessary. The ESA specifies that
recovery plans must include: (1) a
description of management actions as
may be necessary to achieve the plan’s
goals for the conservation and survival
of the species; (2) objective, measurable
criteria which, when met, would result
in the species being removed from the
list; and (3) estimates of time and costs
required to achieve the plan’s goal and
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74777
the intermediate steps towards that goal.
Section 4(f) of the ESA, as amended in
1988, requires that public notice and an
opportunity for public review and
comment be provided during recovery
plan development. NMFS is hereby
soliciting relevant information on CCC
coho salmon ESU populations and their
freshwater/marine habitats.
NMFS will work closely with the
California Department of Fish and Game
to integrate, where appropriate, the
recently developed and State-approved
February 2004 Recovery Strategy for
California Coho Salmon with the
Federal Recovery Plan. Workshops
during recovery plan development will
be noticed across the range of the CCC
coho salmon ESU and, upon
completion, the draft Recovery Plan will
be available for public review and
comment through publication in the
Federal Register. NMFS requests
relevant information from the public
that should be considered by NMFS
during preparation of the draft recovery
plan.
Authority
The authority for this action is section
4(f) of the ESA.
Dated: December 12, 2005.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E5–7458 Filed 12–15–05; 8:45 am]
BILLING CODE 3510–22–S
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Establishment of Agreed Import Levels
and the ELVIS (Electronic Visa
Information System) Requirement for
Certain Cotton, Wool, Man-Made Fiber,
Silk Blend and Other Vegetable Fiber
Textiles and Textile Products
Produced or Manufactured in the
People’s Republic of China
December 13, 2005.
Committee for the
Implementation of Textiles Agreements
(CITA).
ACTION: Directive to Commissioner, U.S.
Customs and Border Protection (CBP)
establishing agreed levels.
AGENCY:
EFFECTIVE DATE:
January 1, 2006.
Ross
Arnold, International Trade Specialist,
Office of Textiles and Apparel, U.S.
Department of Commerce, (202) 482–
4212. For information on the quota
status of these limits, refer to U.S.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\16DEN1.SGM
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74778
Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Notices
Customs and Border Protection website
(https://www.cbp.gov), or call (202) 3442650. For information on embargoes and
quota re-openings, refer to the Office of
Textiles and Apparel Web site at https://
otexa.ita.doc.gov.
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.
In the Memorandum of
Understanding (MOU) between the
Governments of the United States of
America and the People’s Republic of
China concerning Trade in Textile and
Apparel Products, signed and dated
November 8, 2005, and Paragraph 242 of
the Report of the Working Party for the
Accession of China to the World Trade
Organization, the Governments of the
United States and China established
agreed levels for certain cotton, wool,
man-made fiber, silk blend and other
vegetable fiber textiles and textile
products, produced or manufactured in
China and exported to the United States
during three one-year periods beginning
on January 1, 2006 and extending
through December 31, 2008.
In addition, the United States and
China established an Electronic Visa
Information System (ELVIS)
Arrangement, in accordance with Annex
III of the MOU.
The agreed levels are effective on
January 1, 2006. These agreed levels
may be adjusted during the course of the
year for ‘‘carryforward’’ under the terms
of the MOU.
Baby socks in HTS numbers
6111.20.6050, 6111.30.5050 and
6111.90.5050 shall be counted in dozen
pairs for quota and ELVIS purposes.
These baby socks are subject to the
quota level for 332/432/632-T and the
sublevel for 332/432/632-B but the
correct category designation 239 will be
required at the time of entry for quota
and ELVIS purposes.
In the letter published below, the
Chairman of CITA directs the
Commissioner, U.S. Customs and
Border Protection (CBP), to establish the
2006 limits. This arrangement provides
for electronic transmission of visa
information to CBP by the Government
of China for textile products exported to
the United States which describes the
shipment and includes the visa number
assigned to the shipment. The
transmission certifies the country of
origin and authorizes the shipment to be
charged against any applicable quota.
The Government of China is required to
issue an ELVIS transmission for
shipments of certain textile products,
produced or manufactured in China and
VerDate Aug<31>2005
19:37 Dec 15, 2005
Jkt 208001
exported on or after January 1, 2006.
The United States recognizes that China
shall be free to issue additional
documents, such as paper visas or
certificates of origin. While the
additional documents will not be a
requirement of entry into the United
States, CBP may review these
documents on a case-by-case basis.
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 (refer to
the Office of Textiles and Apparel Web
site at https://otexa.ita.doc.gov).
Philip J. Martello,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
Committee for the Implementation of Textile
Agreements
December 13, 2005.
Commissioner,
U.S. Customs and Border Protection,
Washington, DC 20229.
Dear Commissioner: Pursuant to the
Memorandum of Understanding between the
Governments of the United States of America
and the People’s Republic of China,
Concerning Trade in Textiles and Apparel
Products, dated November 8, 2005, you are
directed to prohibit, effective on January 1,
2006, entry into the United States for
consumption and withdrawal from
warehouse for consumption of cotton, wool,
man-made fiber, silk blend and other
vegetable fiber textiles and textile products in
the following categories and HTS numbers
6111.20.6050, 6111.30.5050 and
6111.90.5050, produced or manufactured in
China and exported during the twelve-month
period beginning on January 1, 2006 and
extending through December 31, 2006, in
excess of the following agreed levels:
Category
Restraint Period
200/301 ....................
222 ...........................
229 ...........................
332/432/632-T (plus
baby socks) 1.
7,529,582 kilograms.
15,966,487 kilograms.
33,162,019 kilograms.
64,386,841 dozen
pairs, of which not
more than
61,146,461 dozen
pairs shall be in categories 332/432/
632-B (plus baby
socks) 2.
20,822,111 dozen.
6,743,644 dozen.
8,179,211 dozen.
19,666,049 dozen.
22,785,906 dozen.
18,948,937 dozen.
4,590,626 kilograms.
103,316,873 numbers.
1,346,082 numbers.
215,004 dozen.
55,308,506 square
meters.
338/339pt. 3 .............
340/640 ....................
345/645/646 .............
347/348 ....................
349/649 ....................
352/652 ....................
359-S/659-S 4 ..........
363 ...........................
443 ...........................
447 ...........................
619 ...........................
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Category
620 ...........................
622 ...........................
638/639pt. 5 .............
647/648pt. 6 .............
666pt. 7 ....................
847 ...........................
Restraint Period
80,197,248 square
meters.
32,265,013 square
meters.
8,060,063 dozen.
7,960,355 dozen.
964,014 kilograms.
17,647,255 dozen.
1 Categories 332/432/632-T: baby socks:
only
HTS
numbers
6111.20.6050,
6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers 6115.20.9010,
6115.93.6020, 6115.93.9020, 6115.99.1420
and 6115.99.1820.
2 Categories 332/432/632-B: baby socks:
only
HTS
numbers
6111.20.6050,
6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers 6115.93.6020,
6115.93.9020,
6115.99.1420
and
6115.99.1820.
3 Categories 338/339pt: all HTS numbers
except:
6110.20.1026,
6110.20.1031,
6110.20.2067, 6110.20.2077, 6110.90.9067,
and 6110.90.9071.
3 Categories 338/339pt: all HTS numbers
except:
6110.20.1026,
6110.20.1031,
6110.20.2067, 6110.20.2077, 6110.90.9067,
and 6110.90.9071.
4 Category
359-S: only HTS numbers
6112.39.0010, 6112.49.0010, 6211.11.8010,
6211.11.8020,
6211.12.8010
and
6211.12.8020; Category 659-S: only HTS
numbers
6112.31.0010,
6112.31.0020,
6112.41.0010, 6112.41.0020, 6112.41.0030,
6112.41.0040, 6211.11.1010, 6211.11.1020,
6211.12.1010 and 6211.12.1020.
5 Categories 638/639pt.: all HTS numbers
except:
6110.30.2051,
6110.30.2061,
6110.30.3051, 6110.30.3057, 6110.90.9079,
and 6110.90.9081.
6 Categories 647/648pt.: all HTS numbers
except
6203.43.3510,
6204.63.3010,
6210.40.5031, 6210.50.5031, 6211.20.1525
and 6211.20.1555.
7 Category
666pt.: only HTS numbers
6303.12.0010 and 6303.92.2030.
The agreed levels set forth above are
subject to adjustment pursuant to the current
MOU between the Governments of the
United States and China.
Textile products in the above categories
and HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050 which have
been exported to the United States prior to
January 1, 2006 shall not be subject to this
directive.
Textile products in those same categories
and HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050 which have
been released from the custody of U.S.
Customs and Border Protection under the
provisions of 19 U.S.C. 1448(b) or 1484(a)(1)
prior to the effective date of this directive
shall not be denied entry under this
directive.
In addition, under the terms of 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 pursuant to
the Memorandum of Understanding (MOU)
between the Governments of the United
States of America and the People’s Republic
of China Concerning Trade in Textile and
Apparel Products, signed and dated
November 8, 2005, and Paragraph 242 of the
Report of the Working Party for the Accession
of China to the World Trade Organization,
the governments of the United States and
China, you are directed to prohibit, effective
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Notices
on January 1, 2006, 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, wool,
man-made fiber, silk blend and other
vegetable fiber textile products in the
categories and HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050 subject to the
agreed levels of restraint under the terms of
the MOU, produced or manufactured in
China and exported on or after January 1,
2006 for which the Government of China has
not transmitted an appropriate ELVIS
(Electronic Visa Information System)
transmission fully described below. Should a
category, including a merged category, or part
category, be added to or modified in the
MOU, the additional or modified category
shall also be included in the coverage of this
arrangement.
Baby socks in HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050 shall be
counted in dozen pairs for quota and ELVIS
purposes. These baby socks are subject to the
quota level for 332/432/632-T and the
sublevel for 332/432/632-B but the correct
category designation 239 will be required at
the time of entry for quota and ELVIS
purposes.
An ELVIS message must accompany each
commercial shipment of the aforementioned
textile products.
A. Each ELVIS message will include the
following information:
i. The visa number. The visa number shall
be in the standard nine digit letter format,
beginning with one numeric digit
corresponding to 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 China is ‘‘CN’’), and ending with a
six digit numerical serial number identifying
the shipment; e.g., 6CN123456. The first digit
after the ISO code should not be a ‘‘9’’.
ii. The date of issuance. The date of
issuance shall be the day, month and year on
which the visa was issued.
iii. The correct category(s), part category(s),
merged category(s), quantity(s) and unit(s) of
quantity in the shipment as set forth in the
U.S. Department of Commerce Correlation
and in the Harmonized Tariff Schedule of the
United States, annotated or successor
documents. e.g., ‘‘Cat 340/640-510 dz. ’’.
Products covered by a merged agreed level
must be accompanied by either a
transmission referring to the merged category
or by a transmission referring to the specific
category corresponding to the actual
shipment (e.g., if the shipment consists of
both Category 340 and Category 640
merchandise, it may be transmitted as ‘‘340/
640’’, if the shipment consists solely of
Category 340 merchandise, it may be
transmitted as ‘‘Category 340’’, but not as
‘‘Category 640’’). Quantities must be stated in
whole numbers. Decimals or fractions will
not be accepted.
iv. The manufacturer ID number (MID). The
MID shall begin with ‘‘CN’’ followed by the
first three characters from each of the first
two words (of the English rendition) of the
VerDate Aug<31>2005
19:37 Dec 15, 2005
Jkt 208001
name of the entity performing the originconferring operations, followed by the largest
number on the address line of the entity up
to the first four digits, followed by the first
three letters from the city name where the
entity is located.
B. Entry of a shipment shall not be
permitted:
i. if an ELVIS transmission has not been
received for the shipment from China;
ii. if the ELVIS transmission for that
shipment is missing any of the following:
a. visa number
b. category, part category, or merged
category
c. quantity
d. unit of quantity
e. date of issuance
f. manufacturer ID number
iii. if the ELVIS transmission for the
shipment does not match the information
supplied by the importer or the Customs
broker acting as an agent on behalf of the
importer with regard to any of the following:
a. visa number
b. category, part category, or merged
category
c. unit of quantity
iv. if the quantity being entered is greater
than the quantity transmitted.
v. if the visa number has previously been
used, except in the case of a split shipment,
or canceled.
C. A new, correct ELVIS transmission
from China is required before a shipment
that has been denied entry for one of the
circumstances mentioned in paragraph B.iv will be released.
D. If the quantity in the ELVIS
transmission is greater than that of the
shipment, the United States shall permit
entry and shall charge only the amount
entered against any applicable level.
E. Shipments will not be released for
forty-eight hours or 2 calendar days in the
event of a system failure. If system failure
exceeds forty-eight hours or 2 calendar days,
for the remaining period of the system
failure, CBP will only release shipments on
the basis of the visa data provided by the
Ministry of Commerce. If the Ministry of
Commerce is able to provide that data by
some means other than an ELVIS
transmission. The Ministry of Commerce
shall promptly retransmit all data that was
affected by the system failure when the
system is functioning normally.
F. If a shipment from China has been
allowed entry into the commerce of the
United States with an incorrect ELVIS
transmission, or no ELVIS transmission, and
the importer does not comply with a CBP
request to redeliver the shipment to CBP,
CBP will charge the correct quantity and
category of the shipment against the
appropriate agreed level.
Other Provisions.
A. 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.
B. Merchandise imported for the personal
use of the importer and not for resale,
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Frm 00021
Fmt 4703
Sfmt 4703
regardless of value, and properly marked
commercial sample shipments valued at
U.S.$800 or less, do not require an ELVIS
transmission for entry and shall not be
charged to agreement levels.
In carrying out the above direction, the
Commissioner should construe the term
‘‘customs territory of the United States’’ to
include only the 50 States, the District of
Columbia and Puerto Rico.CITA has
determined that this action falls within the
foreign affairs exception of the rulemaking
provisions of 5 U.S.C. 553(a)(1).
Sincerely,
Philip J. Martello,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
[FR Doc. 05–24175 Filed 12–13–05; 5:13 pm]
BILLING CODE 3510–DS–S
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
TIME AND DATE:
11 am, Friday, January
13, 2006.
1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05–24182 Filed 12–14–05; 11:09
am]
BILLING CODE 6351–01–M
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
TIME AND DATE:
11 am, Friday, January
6, 2006.
1155 21st St., NW., Washington,
DC, 9th Floor Commission Conference
Room.
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05–24183 Filed 12–14–05; 11:09
am]
BILLING CODE 6351–01–M
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Notices]
[Pages 74777-74779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24175]
=======================================================================
-----------------------------------------------------------------------
COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS
Establishment of Agreed Import Levels and the ELVIS (Electronic
Visa Information System) Requirement for Certain Cotton, Wool, Man-Made
Fiber, Silk Blend and Other Vegetable Fiber Textiles and Textile
Products Produced or Manufactured in the People's Republic of China
December 13, 2005.
AGENCY: Committee for the Implementation of Textiles Agreements (CITA).
ACTION: Directive to Commissioner, U.S. Customs and Border Protection
(CBP) establishing agreed levels.
-----------------------------------------------------------------------
EFFECTIVE DATE: January 1, 2006.
FOR FURTHER INFORMATION CONTACT: Ross Arnold, International Trade
Specialist, Office of Textiles and Apparel, U.S. Department of
Commerce, (202) 482-4212. For information on the quota status of these
limits, refer to U.S.
[[Page 74778]]
Customs and Border Protection website (https://www.cbp.gov), or call
(202) 344-2650. For information on embargoes and quota re-openings,
refer to the Office of Textiles and Apparel Web site at https://otexa.ita.doc.gov.
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.
In the Memorandum of Understanding (MOU) between the Governments of
the United States of America and the People's Republic of China
concerning Trade in Textile and Apparel Products, signed and dated
November 8, 2005, and Paragraph 242 of the Report of the Working Party
for the Accession of China to the World Trade Organization, the
Governments of the United States and China established agreed levels
for certain cotton, wool, man-made fiber, silk blend and other
vegetable fiber textiles and textile products, produced or manufactured
in China and exported to the United States during three one-year
periods beginning on January 1, 2006 and extending through December 31,
2008.
In addition, the United States and China established an Electronic
Visa Information System (ELVIS) Arrangement, in accordance with Annex
III of the MOU.
The agreed levels are effective on January 1, 2006. These agreed
levels may be adjusted during the course of the year for
``carryforward'' under the terms of the MOU.
Baby socks in HTS numbers 6111.20.6050, 6111.30.5050 and
6111.90.5050 shall be counted in dozen pairs for quota and ELVIS
purposes. These baby socks are subject to the quota level for 332/432/
632-T and the sublevel for 332/432/632-B but the correct category
designation 239 will be required at the time of entry for quota and
ELVIS purposes.
In the letter published below, the Chairman of CITA directs the
Commissioner, U.S. Customs and Border Protection (CBP), to establish
the 2006 limits. This arrangement provides for electronic transmission
of visa information to CBP by the Government of China for textile
products exported to the United States which describes the shipment and
includes the visa number assigned to the shipment. The transmission
certifies the country of origin and authorizes the shipment to be
charged against any applicable quota. The Government of China is
required to issue an ELVIS transmission for shipments of certain
textile products, produced or manufactured in China and exported on or
after January 1, 2006. The United States recognizes that China shall be
free to issue additional documents, such as paper visas or certificates
of origin. While the additional documents will not be a requirement of
entry into the United States, CBP may review these documents on a case-
by-case basis.
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 (refer to the
Office of Textiles and Apparel Web site at https://otexa.ita.doc.gov).
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
Committee for the Implementation of Textile Agreements
December 13, 2005.
Commissioner,
U.S. Customs and Border Protection, Washington, DC 20229.
Dear Commissioner: Pursuant to the Memorandum of Understanding
between the Governments of the United States of America and the
People's Republic of China, Concerning Trade in Textiles and Apparel
Products, dated November 8, 2005, you are directed to prohibit,
effective on January 1, 2006, entry into the United States for
consumption and withdrawal from warehouse for consumption of cotton,
wool, man-made fiber, silk blend and other vegetable fiber textiles
and textile products in the following categories and HTS numbers
6111.20.6050, 6111.30.5050 and 6111.90.5050, produced or
manufactured in China and exported during the twelve-month period
beginning on January 1, 2006 and extending through December 31,
2006, in excess of the following agreed levels:
------------------------------------------------------------------------
Category Restraint Period
------------------------------------------------------------------------
200/301................................... 7,529,582 kilograms.
222....................................... 15,966,487 kilograms.
229....................................... 33,162,019 kilograms.
332/432/632-T (plus baby socks) \1\....... 64,386,841 dozen pairs, of
which not more than
61,146,461 dozen pairs
shall be in categories 332/
432/632-B (plus baby socks)
\2\.
338/339pt. \3\............................ 20,822,111 dozen.
340/640................................... 6,743,644 dozen.
345/645/646............................... 8,179,211 dozen.
347/348................................... 19,666,049 dozen.
349/649................................... 22,785,906 dozen.
352/652................................... 18,948,937 dozen.
359-S/659-S \4\........................... 4,590,626 kilograms.
363....................................... 103,316,873 numbers.
443....................................... 1,346,082 numbers.
447....................................... 215,004 dozen.
619....................................... 55,308,506 square meters.
620....................................... 80,197,248 square meters.
622....................................... 32,265,013 square meters.
638/639pt. \5\............................ 8,060,063 dozen.
647/648pt. \6\............................ 7,960,355 dozen.
666pt. \7\................................ 964,014 kilograms.
847....................................... 17,647,255 dozen.
------------------------------------------------------------------------
\1\ Categories 332/432/632-T: baby socks: only HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers
6115.20.9010, 6115.93.6020, 6115.93.9020, 6115.99.1420 and
6115.99.1820.
\2\ Categories 332/432/632-B: baby socks: only HTS numbers 6111.20.6050,
6111.30.5050 and 6111.90.5050; within Category 632: only HTS numbers
6115.93.6020, 6115.93.9020, 6115.99.1420 and 6115.99.1820.
\3\ Categories 338/339pt: all HTS numbers except: 6110.20.1026,
6110.20.1031, 6110.20.2067, 6110.20.2077, 6110.90.9067, and
6110.90.9071.
\4\ Category 359-S: only HTS numbers 6112.39.0010, 6112.49.0010,
6211.11.8010, 6211.11.8020, 6211.12.8010 and 6211.12.8020; Category
659-S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010,
6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020,
6211.12.1010 and 6211.12.1020.
\5\ Categories 638/639pt.: all HTS numbers except: 6110.30.2051,
6110.30.2061, 6110.30.3051, 6110.30.3057, 6110.90.9079, and
6110.90.9081.
\6\ Categories 647/648pt.: all HTS numbers except 6203.43.3510,
6204.63.3010, 6210.40.5031, 6210.50.5031, 6211.20.1525 and
6211.20.1555.
\7\ Category 666pt.: only HTS numbers 6303.12.0010 and 6303.92.2030.
The agreed levels set forth above are subject to adjustment
pursuant to the current MOU between the Governments of the United
States and China.
Textile products in the above categories and HTS numbers
6111.20.6050, 6111.30.5050 and 6111.90.5050 which have been exported
to the United States prior to January 1, 2006 shall not be subject
to this directive.
Textile products in those same categories and HTS numbers
6111.20.6050, 6111.30.5050 and 6111.90.5050 which have been released
from the custody of U.S. Customs and Border Protection under the
provisions of 19 U.S.C. 1448(b) or 1484(a)(1) prior to the effective
date of this directive shall not be denied entry under this
directive.
In addition, under the terms of 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 pursuant to the Memorandum of
Understanding (MOU) between the Governments of the United States of
America and the People's Republic of China Concerning Trade in
Textile and Apparel Products, signed and dated November 8, 2005, and
Paragraph 242 of the Report of the Working Party for the Accession
of China to the World Trade Organization, the governments of the
United States and China, you are directed to prohibit, effective
[[Page 74779]]
on January 1, 2006, 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, wool, man-made fiber, silk
blend and other vegetable fiber textile products in the categories
and HTS numbers 6111.20.6050, 6111.30.5050 and 6111.90.5050 subject
to the agreed levels of restraint under the terms of the MOU,
produced or manufactured in China and exported on or after January
1, 2006 for which the Government of China has not transmitted an
appropriate ELVIS (Electronic Visa Information System) transmission
fully described below. Should a category, including a merged
category, or part category, be added to or modified in the MOU, the
additional or modified category shall also be included in the
coverage of this arrangement.
Baby socks in HTS numbers 6111.20.6050, 6111.30.5050 and
6111.90.5050 shall be counted in dozen pairs for quota and ELVIS
purposes. These baby socks are subject to the quota level for 332/
432/632-T and the sublevel for 332/432/632-B but the correct
category designation 239 will be required at the time of entry for
quota and ELVIS purposes.
An ELVIS message must accompany each commercial shipment of the
aforementioned textile products.
A. Each ELVIS message will include the following information:
i. The visa number. The visa number shall be in the standard
nine digit letter format, beginning with one numeric digit
corresponding to 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 China is
``CN''), and ending with a six digit numerical serial number
identifying the shipment; e.g., 6CN123456. The first digit after the
ISO code should not be a ``9''.
ii. The date of issuance. The date of issuance shall be the day,
month and year on which the visa was issued.
iii. The correct category(s), part category(s), merged
category(s), quantity(s) and unit(s) of quantity in the shipment as
set forth in the U.S. Department of Commerce Correlation and in the
Harmonized Tariff Schedule of the United States, annotated or
successor documents. e.g., ``Cat 340/640-510 dz. ''. Products
covered by a merged agreed level must be accompanied by either a
transmission referring to the merged category or by a transmission
referring to the specific category corresponding to the actual
shipment (e.g., if the shipment consists of both Category 340 and
Category 640 merchandise, it may be transmitted as ``340/640'', if
the shipment consists solely of Category 340 merchandise, it may be
transmitted as ``Category 340'', but not as ``Category 640'').
Quantities must be stated in whole numbers. Decimals or fractions
will not be accepted.
iv. The manufacturer ID number (MID). The MID shall begin with
``CN'' followed by the first three characters from each of the first
two words (of the English rendition) of the name of the entity
performing the origin-conferring operations, followed by the largest
number on the address line of the entity up to the first four
digits, followed by the first three letters from the city name where
the entity is located.
B. Entry of a shipment shall not be permitted:
i. if an ELVIS transmission has not been received for the
shipment from China;
ii. if the ELVIS transmission for that shipment is missing any
of the following:
a. visa number
b. category, part category, or merged category
c. quantity
d. unit of quantity
e. date of issuance
f. manufacturer ID number
iii. if the ELVIS transmission for the shipment does not match
the information supplied by the importer or the Customs broker
acting as an agent on behalf of the importer with regard to any of
the following:
a. visa number
b. category, part category, or merged category
c. unit of quantity
iv. if the quantity being entered is greater than the quantity
transmitted.
v. if the visa number has previously been used, except in the
case of a split shipment, or canceled.
C. A new, correct ELVIS transmission from China is required
before a shipment that has been denied entry for one of the
circumstances mentioned in paragraph B.i-v will be released.
D. If the quantity in the ELVIS transmission is greater than
that of the shipment, the United States shall permit entry and shall
charge only the amount entered against any applicable level.
E. Shipments will not be released for forty-eight hours or 2
calendar days in the event of a system failure. If system failure
exceeds forty-eight hours or 2 calendar days, for the remaining
period of the system failure, CBP will only release shipments on the
basis of the visa data provided by the Ministry of Commerce. If the
Ministry of Commerce is able to provide that data by some means
other than an ELVIS transmission. The Ministry of Commerce shall
promptly retransmit all data that was affected by the system failure
when the system is functioning normally.
F. If a shipment from China has been allowed entry into the
commerce of the United States with an incorrect ELVIS transmission,
or no ELVIS transmission, and the importer does not comply with a
CBP request to redeliver the shipment to CBP, CBP will charge the
correct quantity and category of the shipment against the
appropriate agreed level.
Other Provisions.
A. 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.
B. 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 ELVIS
transmission for entry and shall not be charged to agreement levels.
In carrying out the above direction, the Commissioner should
construe the term ``customs territory of the United States'' to
include only the 50 States, the District of Columbia and Puerto
Rico.CITA has determined that this action falls within the foreign
affairs exception of the rulemaking provisions of 5 U.S.C.
553(a)(1).
Sincerely,
Philip J. Martello,
Acting Chairman, Committee for the Implementation of Textile
Agreements.
[FR Doc. 05-24175 Filed 12-13-05; 5:13 pm]
BILLING CODE 3510-DS-S
