CSMS Message: 97-000705

TO : ALL ABI BROKERS.

FROM : CARLA ZZ-DONOFRIO

SUBJECT : INDONESIA-ELVIS

DATE : 07/25/97

JULY 17, 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-97-074 - 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 FIBE TEXTILES AND
TEXTILE PRODUCTS PRODUCED OR MANUFACTURED IN
INDONESIA

COUNTRY : INDONESIA

BACKGROUND :

A CITA DIRECTIVE DATED, JULY 7, 1997, DIRECTED U.S. CUSTOMS
TO PROHIBIT, EFFECTIVE ON AUGUST 1, 1997, 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 TEXTILES AND TEXTILE PRODUCTS IN
CATEGORIES 200-239, 300-369, 400-469, 600-670 AND 800-899,
INCLUDING PART CATEGORIES AND MERGED CATEGORIES; BUT NOT
CATEGORIES 353-354 AND 653-654, PRODUCED OR MANUFACTURED IN
INDONESIA AND EXPORTED ON AND AFTER AUGUST 1, 1997 FOR WHICH
THE GOVERNMENT OF INDONESIA HAS NOT ISSUED AN APPROPRIATE
EXPORT VISA AND ELECTRONIC VISA INFORMATION SYSTEM (ELVIS)
TRANSMISSION FULLY DESCRIBED BELOW. SHOULD ADDITIONAL
CATEGORIES, PART CATEGORIES OR MERGED CATEGORIES BE ADDED TO
OR CHANGED FROM THOSE SUBJECT TO IMPORT QUOTAS UNDER THE
BILATERAL AGREEMENT AND NOTIFIED IN ACCORDANCE WITH THE
URUGUAY ROUND AGREEMENT ON TEXTILES AND CLOTHING, THE ENTIRE
CATEGORY OR CATEGORIES SHALL BE AUTOMATICALLY INCLUDED IN
THE COVERAGE OF THE VISA ARRANGEMENT. MERCHANDISE EXPORTED
ON OR AFTER THE DATE THE CATEGORY IS ADDED TO, OR CHANGED
IN, THE AGREEMENT, OR BECOMES SUBJECT TO IMPORT QUOTAS,
SHALL REQUIRE A VISA AND ELVIS TRANSMISSION.

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 TEXTILE
EXPORT 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:

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 INDONESIA IS ``ID''), AND A SIX DIGIT NUMERIC
SERIAL NUMBER IDENTIFYING THE SHIPMENT; E.G., 7ID123456.

THE DATE OF ISSUANCE. THE DATE OF ISSUANCE SHALL BE THE DAY,
MONTH AND YEAR ON WHICH THE VISA WAS ISSUED.

THE ORIGINAL SIGNATURE OF THE ISSUING OFFICIAL OF THE
GOVERNMENT OF INDONESIA.

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 SCHEDULES OF THE
UNITED STATES ANNOTATED (HTSUSA) SHALL BE REPORTED IN THE
SPACES PROVIDED WITHIN THE VISA STAMP (E.G., ``CAT. 340 510
DOZ''; ``CAT. 369--510 KG''; ``CAT. 331-631--510 DPR'';
``CAT.317-617-326-- 510 M2''; ``CAT.443--510 NO'').

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., QUOTA CATEGORY
347-348 MAY BE VISAED AS ``CATEGORY 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, 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 INDONESIAN GOVERNMENT OR A VISA WAIVER
ISSUED BY THE U.S. DEPARTMENT OF COMMERCE AT THE REQUEST OF
THE INDONESIAN GOVERNMENT 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. VISA WAIVERS WILL ONLY BE ISSUED FOR
CLASSIFICATION PURPOSES OR FOR ONE TIME SPECIAL PURPOSE
SHIPMENTS THAT ARE NOT PART OF AN ONGOING COMMERCIAL
ENTERPRISE.

IF THE VISAED INVOICE IS DEFICIENT, THE U.S. CUSTOMS SERVICE
WILL NOT RETURN THE ORIGINAL DOCUMENT AFTER ENTRY OR
ATTEMPTED ENTRY, BUT WILL PROVIDE THE IMPORTER 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 INDONESIA 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 VISA WAIVER IS
PROVIDED.

ELVIS REQUIREMENTS:

A. EACH ELVIS MESSAGE WILL 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 INDONESIA IS
``ID''), AND A SIX DIGIT NUMERICAL SERIAL NUMBER
IDENTIFYING THE SHIPMENT; E.G., 7ID123456.

2. THE DATE OF ISSUANCE. THE DATE OF ISSUANCE SHALL
BE THE DAY, MONTH AND YEAR ON WHICH THE VISA WAS
ISSUED.

3. 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.

4. THE MANUFACTURER ID NUMBER (MID). THE MID SHALL
BEGIN WITH ``ID,'' FOLLOWED BY THE FIRST THREE
CHARACTERS FROM EACH OF THE FIRST TWO WORDS OF THE NAME
OF THE MANUFACTURERS, FOLLOWED BY THE LARGEST NUMBER ON
THE ADDRESS LINE UP TO THE FIRST FOUR DIGITS, FOLLOWED
BY THREE LETTERS FROM THE CITY NAME.

B. ENTRY OF A SHIPMENT SHALL NOT BE PERMITTED:

1. IF AN ELVIS TRANSMISSION HAS NOT BEEN RECEIVED FOR
THE SHIPMENT FROM INDONESIA;

2. 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;

3. 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;

4. IF THE QUANTITY BEING ENTERED IS GREATER THAN THE
QUANTITY TRANSMITTED; OR,

5. IF THE VISA NUMBER HAS PREVIOUSLY BEEN USED, EXCEPT
IN THE CASE OF A SPLIT SHIPMENT.

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 IN B.1-4 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 PROCEDURE DESCRIBED ABOVE. VISA WAIVERS WILL ONLY
BE CONSIDERED FOR CLASSIFICATION PURPOSES OR FOR ONE TIME
SPECIAL PURPOSE SHIPMENTS THAT ARE NOT PART OF AN ONGOING
COMMERCIAL ENTERPRISE.

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.

F. IF A SHIPMENT FROM INDONESIA IS ALLOWED ENTRY INTO THE
COMMERCE OF THE UNITED STATES WITH AN INCORRECT VISA, NO
VISA, 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.

G. THE U.S. CUSTOMS SERVICE WILL PROVIDE INDONESIAN
GOVERNMENT AUTHORITIES WITH A REPORT CONTAINING INFORMATION
ON VISA UTILIZATION THAT CAN BE ASSESSED AT ANY TIME. THIS
REPORT WILL CONTAIN:

A. VISA NUMBER
B. CATEGORY NUMBER
C. QUANTITY CHARGED TO QUOTA
D. UNIT OF MEASURE
E. ENTRY NUMBER
F. ENTRY LINE NUMBER.

SHIPMENTS NOT REQUIRING VISAS:

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 OR AN ELVIS TRANSMISSION FOR ENTRY AND
SHALL NOT BE CHARGED TO AGREEMENT LEVELS.

OTHER PROVISIONS:

EXCEPT AS PROVIDED IN THE PARAGRAPH ABOVE, ANY SHIPMENT
WHICH REQUIRES A VISA BUT WHICH IS NOT ACCOMPANIED BY A
VALID AND CORRECT VISA AND ELVIS TRANSMISSION IN ACCORDANCE
WITH THE FOREGOING PROVISIONS, SHALL BE DENIED ENTRY BY THE
GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS THE
GOVERNMENT OF INDONESIA AUTHORIZES THE ENTRY AND ANY CHARGES
TO THE AGREEMENT LEVELS.

THE VISA STAMP REMAINS UNCHANGED.

ACTION:

THIS TBT FORMALIZES THE AGREEMENT BETWEEN THE U.S.
GOVERNMENT AND THE GOVERNMENT OF INDONESIA TO AMEND THE
EXISTING VISA ARRANGEMENT FOR TEXTILE PRODUCTS, PRODUCED OR
MANUFACTURED IN INDONESIA AND EXPORTED ON AND AFTER AUGUST
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