| Title: | ELVIS-KOREA |
|---|---|
| Date: | 1997-01-10 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : CARLA ZZ-DONOFRIO
SUBJECT : ELVIS-KOREA
DATE : 01/08/97
JANUARY 3, 1997
SPE-2 FO:TC:I:E CDD
CATEGORY: TEX
TO : ALL PORT DIRECTORS, CUSTOMS MANAGEMENT CENTER
(CMC) DIRECTORS
AND STRATEGIC TRADE CENTER (STC) DIRECTORS
FROM : DIRECTOR, TRADE COMPLIANCE
PASS TO : ALL IMPORT SPECIALISTS, NATIONAL IMPORT
SPECIALISTS, ENTRY OFFICERS, INSPECTORS AND
INTERNATIONAL TRADE SPECIALISTS, BROKERS AND OTHER
INTERESTED PARTIES
SUBJECT : TBT-97-001 - CONSOLIDATION AND AMENDMENT OF
EXPORT VISA REQUIREMENTS TO INCLUDE THE ELECTRONIC
VISA INFORMATION SYSTEM (ELVIS) FOR CERTAIN COTTON,
WOOL, MAN-MADE FIBER, SILK BLEND AND OTHER VEGETABLE
FIBER TEXTILES AND TEXTILE PRODUCTS PRODUCED OR
MANUFACTURED IN KOREA
COUNTRY : KOREA
BACKGROUND :
A CITA DIRECTIVE DATED, DECEMBER 24, 1996, DIRECTED U.S.
CUSTOMS TO PROHIBIT, EFFECTIVE ON JANUARY 1, 1997, ENTRY
INTO CUSTOMS TERRITORY OF 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 CATEGORIES 200-239, 300-
369, 400-469, 600-670 AND 800-899, INCLUDING PART CATEGORIES
AND MERGED CATEGORIES (SEE ANNEX A), PRODUCED OR
MANUFACTURED IN KOREA AND EXPORTED ON AND AFTER JANUARY 1,
1997 FOR WHICH THE GOVERNMENT OF THE REPUBLIC OF KOREA HAS
NOT ISSUED AN APPROPRIATE EXPORT VISA AND-OR AN ELECTRONIC
VISA INFORMATION SYSTEM (ELVIS) TRANSMISSION FULLY DESCRIBED
BELOW. SHOULD ADDITIONAL CATEGORIES, PART CATEGORIES OR
MERGED CATEGORIES BECOME SUBJECT TO IMPORT QUOTA THE ENTIRE
CATEGORY(S), PART CATEGORY(S) OR MERGED CATEGORY(S) SHALL BE
INCLUDED IN THE COVERAGE OF THIS ARRANGEMENT.
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. 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 COUNTRY CODE SPECIFIED
BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)
(THE CODE FOR KOREA IS ``KR''), AND A SIX DIGIT NUMERICAL
SERIAL NUMBER IDENTIFYING THE SHIPMENT; E.G., 7KR123456.
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 OF THE ISSUING OFFICIAL OF THE
GOVERNMENT OF THE REPUBLIC OF KOREA.
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 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. MERGED CATEGORY QUOTA
MERCHANDISE MAY BE ACCOMPANIED BY EITHER THE APPROPRIATE
MERGED CATEGORY VISA OR THE CORRECT CATEGORY VISA
CORRESPONDING TO THE ACTUAL SHIPMENT (E.G., CATEGORIES 347-
348 MAY BE VISAED AS 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'').
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 OR 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.
IF THE VISA IS NOT ACCEPTABLE THEN A NEW VISA MUST BE
OBTAINED FROM THE APPROPRIATE EXPORT ASSOCIATION THROUGH
THEIR KOREAN SUPPLIERS, OR A VISA WAIVER MAY BE ISSUED BY
THE U.S. DEPARTMENT OF COMMERCE AT THE REQUEST OF THE
GOVERNMENT OF THE REPUBLIC OF KOREA IN WASHINGTON, DC, AND
PRESENTED TO THE U.S. CUSTOMS SERVICE BEFORE ANY PORTION OF
THE SHIPMENT WILL BE RELEASED. THE WAIVER, IF USED, ONLY
WAIVES THE REQUIREMENT TO PRESENT A VISA WITH THE SHIPMENT.
IT DOES NOT WAIVE THE QUOTA REQUIREMENT.
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 A SHIPMENT FROM KOREA 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.
ELVIS REQUIREMENTS:
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 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 KOREA IS ``KR''),
AND A SIX DIGIT NUMERICAL SERIAL NUMBER IDENTIFYING THE
SHIPMENT; E.G., 7KR123456.
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), 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 IN THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES, ANNOTATED OR SUCCESSOR
DOCUMENTS.
IV. THE QUANTITY OF THE SHIPMENT IN THE CORRECT UNITS
OF QUANTITY.
V. THE MANUFACTURER ID CODE.
B. ENTRY OF A SHIPMENT SHALL NOT BE PERMITTED:
I. IF AN ELVIS TRANSMISSION HAS NOT BEEN RECEIVED FOR
THE SHIPMENT FROM THE COUNTRY OF ORIGIN;
II. IF THE ELVIS TRANSMISSION FOR THAT SHIPMENT IS
MISSING ANY OF THE FOLLOWING:
A. VISA NUMBER
B. CATEGORY OR PART CATEGORY
C. QUANTITY
D. UNIT OF MEASURE
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 OR PART CATEGORY
C. UNIT OF MEASURE
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 CANCELLED,
EXCEPT WHEN AN ENTRY HAS BEEN MADE USING THE VISA
NUMBER.
C. A NEW, CORRECT ELVIS TRANSMISSION FROM THE COUNTRY OF
ORIGIN IS REQUIRED BEFORE A SHIPMENT THAT HAS BEEN DENIED
ENTRY FOR ONE OF THE CIRCUMSTANCES MENTIONED IN PARAGRAPH
3.B.I-V WILL BE RELEASED.
D. A NEW, CORRECT ELVIS TRANSMISSION FROM THE COUNTRY OF
ORIGIN IS REQUIRED FOR ENTRIES MADE USING A VISA WAIVER
UNDER THE PROCEDURES AS PREVIOUSLY DESCRIBED. VISA WAIVERS
WILL ONLY BE CONSIDERED FOR PARAGRAPH 3.B.I., IF THE
SHIPMENT QUALIFIES AS A ONE-TIME SPECIAL PURPOSE SHIPMENT
THAT IS NOT PART OF AN ONGOING COMMERCIAL ENTERPRISE, OR
LEGITIMATE CLASSIFICATION DISPUTES.
E. SHIPMENTS WILL NOT BE RELEASED FOR FORTY-EIGHT HOURS IN
THE EVENT OF A SYSTEM FAILURE. IF SYSTEM FAILURE EXCEEDS
FORTY-EIGHT HOURS, FOR THE REMAINING PERIOD OF THE SYSTEM
FAILURE THE U.S. CUSTOMS SERVICE WILL RELEASE SHIPMENTS ON
THE BASIS OF THE PAPER VISAED DOCUMENT.
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 KOREA HAS BEEN
ALLOWED ENTRY INTO THE COMMERCE OF THE UNITED STATES WITH
EITHER AN INCORRECT ELVIS TRANSMISSION, OR NO ELVIS
TRANSMISSION, 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 OR A NEW ELVIS MESSAGE IS TRANSMITTED.
ANNEX B LISTS ALL PRODUCTS EXEMPT FROM QUANTITATIVE LEVELS
OF THE AGREEMENT WITH THE GOVERNMENT OF THE REPUBLIC OF
KOREA.
OTHER PROVISIONS.
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.$250 OR LESS, DO
NOT REQUIRE A VISA, EXEMPT CERTIFICATION, OR ELVIS
TRANSMISSION FOR ENTRY AND SHALL NOT BE CHARGED TO AGREEMENT
LEVELS, IF APPLICABLE. ALL OTHER COMMERCIAL SHIPMENTS OF
THE ABOVE MENTIONED REQUIRE A VISA OR EXEMPT CERTIFICATION
FOR ENTRY.
THE VISA AND CERTIFICATION STAMPS REMAIN UNCHANGED.
THE ACTIONS TAKEN CONCERNING THE GOVERNMENT OF THE REPUBLIC
OF KOREA 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.
PART CATEGORIES
224-V VELVET: ONLY HTS NUMBERS 5801.21.0000,
5801.23.0000, 5801.24.0000, 5801.25.0010,
5801.25.0020, 5801.26.0010, 5801.26.0020,
5801.31.0000, 5801.33.0000, 5801.34.0000,
5801.35.0010, 5801.35.0020, 5801.36.0010 AND
5801.36.0020.
224-O OTHER THAN VELVET: ALL HTS NUMBERS EXCEPT THOSE IN
224-V.
340-D DRESS SHIRTS: ONLY HTS NUMBERS 6205.20.2015,
6205.20.2020, 6205.20.2025 AND 6205.20.2030.
340 OTHER THAN DRESS SHIRTS: ALL HTS NUMBERS EXCEPT
THOSE IN 340-D.
359-H HEADWEAR: ONLY HTS NUMBERS 6505.90.1540 AND
6505.90.2060.
359-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 359-H.
369-L LUGGAGE: ONLY HTS NUMBERS 4202.12.4000,
4202.12.8020, 4202.12.8060, 4202.92.1500,
4202.92.3015 AND 4202.92.6090.
369-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 369-L.
459-W WOVEN HEADWEAR: ONLY HTS NUMBER 6505.90.4090.
459-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 459-W.
640-D DRESS SHIRTS: ONLY HTS NUMBERS 6205.30.2010,
6205.30.2020, 6205.30.2030, 6205.30.2040,
6205.90.3030 AND 6205.90.4030.
640-O OTHER THAN DRESS SHIRTS: ALL HTS NUMBERS EXCEPT
THOSE IN 640-D.
641-Y BLOUSES WITH TWO OR MORE COLORS IN THE WARP AND-OR
FILLING: ONLY HTS NUMBERS 6204.23.0050,
6204.29.2030, 6206.40.3010 AND 6206.40.3025.
641 OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 641-Y.
659-H HEADWEAR: ONLY HTS NUMBERS 6502.00.9030,
6504.00.9015, 6504.00.9060, 6505.90.5090,
6505.90.6090, 6505.90.7090 AND 6505.90.8090.
659-S SWIMWEAR: 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.
659-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 659-H AND
659-S.
669-P POLYPROPYLENE BAGS: ONLY HTS NUMBERS 6305.32.0010,
6305.32.0020,6305.33.0010, 6305.33.0020 AND
6305.39.0000.
669-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 669-P.
670-L LUGGAGE: ONLY HTS NUMBERS 4202.12.8030,
4202.12.8070, 4202.92.3020, 4202.92.3030 AND
4202.92.9025.
670-O OTHER: ALL HTS NUMBERS EXCEPT THOSE IN 670-L.
MERGED CATEGORIES
300-301
317-326
613-614
619-620
625-626-627-628-629
333-334-335
338-339
342-642
347-348
351-651
353-354-653-654
445-446
633-634-635
638-639
645-646
647-648
369-L-670-L-870
ANNEX B
EXEMPT PRODUCTS REQUIRING EXEMPT CERTIFICATION (NO VISA OR
ELVIS TRANSMISSION REQUIRED)
1. CHIMA - THE LONG, FORMLESS AND AMPLE SKIRT PORTION OF THE
TRADITIONAL KOREAN CHIMA-CHOGORI DRESS SET.
2. CHOGORI - THE SHORT HALTER-TYPE BLOUSE OR TOP PORTION OF
THE TRADITIONAL KOREAN CHIMA-CHOGORI DRESS SET.
3. BOSUN - AN ANKLE BOOT-TYPE ARTICLE, WHOLLY OF CLOTH, WORN
BY KOREAN WOMEN INDOORS.
4. FABRICS - NOT TO EXCEED 24X48 INCHES IN SIZE, CONTAINING
HAND EMBROIDERED OR HAND PAINTED KOREAN SCENES, AND USED
PRIMARILY AS DECORATIONS OR ART OBJECTS.
5. HANDMADE CARPETS - I.E., IN WHICH THE PILE WAS INSERTED,
KNOTTED BY HAND AND CLASSIFIED BY THE U.S. CUSTOMS SERVICE
UNDER HTS 5701.10.1600, 5701.10.4000 (FORMERLY 5701.10.2010)
OR 5703.20.1000.
6. KOREAN-STYPE HANDBAGS AND OTHER FLATGOODS OF THE TYPE
CONSIDERED BY THE U.S. CUSTOMS SERVICE TO BE CLASSIFIED AS
LUGGAGE- WOMEN'S AND CHILDREN'S HANDBAGS, BILLFOLDS, CARD
CASES, COIN PURSES, EYEGLASS CASES AND SIMILAR FLATGOODS.
7. MARTIAL ARTS UNIFORMS.
8. TOYS FOR ANIMALS.
ACTION:
THIS TBT FORMALIZES THE AGREEMENT BETWEEN THE U.S.
GOVERNMENT AND THE GOVERNMENT OF THE REPUBLIC OF KOREA TO
AMEND THE EXISTING VISA ARRANGEMENT FOR TEXTILE PRODUCTS,
PRODUCED OR MANUFACTURED IN KOREA AND EXPORTED ON AND AFTER
JANURY 1, 1997. THE AMENDED ARRANGEMENT CONSOLIDATES
EXISTING AND NEW PROVISIONS OF THE EXPORT VISA ARRANGEMENT,
INCLUDING PROVISIONS FOR THE ELECTRONIC VISA INFORMATION
SYSTEM (ELVIS).
INFORMATION:
IF YOU HAVE ANY QUESTIONS CONCERNING THIS TELEX, DON'T
HESITATE TO CONTACT CARLA D'ONOFRIO AT (202) 927-0424, JUNE
PERGOLA AT (202) 927-0705, OR BOB DORSETT AT (202) 927-7002,
TRADE COMPLIANCE.
PHILIP METZGER