CSMS Message: 98-001180

TO : ALL ABI BROKERS.
FROM : ROBERT ZZ-DORSETT

SUBJECT : TEX-SPLIT SHIPMENT VISAS

DATE : 12/11/1998

DECEMBER 11, 1998

SPE-2 FO:TC:I:E JRD
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 INTERESED PARTIES

SUBJECT: TBT-98-089 - EXCEPTION FOR REQUIREMENT FOR ORIGINAL
TEXTILE VISAS FOR SPLIT SHIPMENTS

COUNTRY: ALL

REF: TBT-96-I-036

BACKGROUND:

COMMERCIAL ENFORCEMENT BRANCH HAS RECENTLY RECEIVED A LARGE
NUMBER OF TELEPHONE CALLS RELATIVE TO HANDLING THE ADMISSION
OF VASAED MERCHANDISE ENTERED INTO THE UNITED STATES ON
SPLIT SHIPMENTS. THE INFORMATION BELOW IS A RE-ISSUANCE OF
THE POLICY STATED IN REFERENCED TBT-96-I-036.

GENERALLY, EACH SHIPMENT OF MERCHANDISE FROM A COUNTRY
HAVING A BILATERAL TEXTILE VISA ARRANGEMENT WITH THE UNITED
STATES MUST BE ENTERED USING AN ORIGINAL VISA COVERING GOODS
IN THAT SHIPMENT ONLY. THIS IS OFTEN REFERRED TO AS THE ONE
VISA, ONE SHIPMENT RULE. IF THE SHIPMENT IS SPLIT OR
DIVIDED IN THE EXPORTING COUNTRY WHILE UNDER THE CONTROL OF
THE EXPORTER OR IMPORTER, THEN A SEPARATE VISA IS REQUIRED
FOR EACH PORTION OF THE SHIPMENT. IN LIEU OF SEPARATE
ORIGINAL VISAS, VISA WAIVERS MAY BE OBTAINED FROM THE
FOREIGN GOVERNMENT OR FOREIGN EMBASSY, WHERE APPLICABLE.

THERE ARE TWO EXCEPTIONS TO THE ABOVE ONE VISA PER SHIPMENT
RULE:

1. THE MERCHANDISE IS ACCEPTED BY THE CARRIER UNDER ONE
AIRWAY BILL OR BILL OF LADING, AND THE SHIPMENT IS
SPLIT BY THE CARRIER AFTER IT LEAVES THE CONTROL OF THE
EXPORTER AND ARRIVES IN THE U.S. PORT ON DIFFERENT
VESSELS.

2. THE SHIPMENT LEAVES THE EXPORTING COUNTRY AS ONE
SHIPMENT, BUT IS OFF-LOADED IN A SECOND COUNTRY, AND IS
LADEN IN THE SECOND COUNTRY ON TWO OR MORE VESSELS BY
THE CARRIER FOR CONTINUATION TO THE UNITED STATES.

FOR BOTH OF THE ABOVE EXCEPTIONS, THE SHIPMENT IS SPLIT BY
THE CARRIER AFTER THE CARRIER HAS BEEN GIVEN CONTROL OF THE
SHIPMENT. NEITHER THE EXPORTER NOR THE IMPORTER INTENDED TO
SEND THE MERCHANDISE COVERED BY ONE VISA ON TWO OR MORE
VESSELS.

FOR EITHER OF THE ABOVE EXCEPTIONS, THE SAME VISA MAY BE
USED TO ENTER EACH OF THE SEPARATE ARRIVALS INTO THE UNITED
STATES.

ACTION:

THE ABOVE GUIDELINES WILL BE USED IN INSTANCES WHERE A SPLIT
SHIPMENT OCCURS AND IS BEYOND THE CONTROL OF THE IMPORTER OR
THE EXPORTER. THERE ARE NO OTHER EXCEPTIONS. AT THE TIME
OF ENTRY OF THE FIRST PORTION OF THE SHIPMENT, THE IMPORTER
MUST DOCUMENT THAT THE CARRIER SPLIT THE SHIPMENT SO THAT
THE PROPER VISA EXTRACTS CAN BE MADE AT THE TIME OF THE
INITIAL ENTRY.

INFORMATION:

IF YOU HAVE ANY QUESTIONS CONCERNING THIS MATTER, PLEASE DO
NOT HESITATE TO CONTACT JUNE PERGOLA AT TELEPHONE NUMBER
(202) 927-0705 CARLA D'ONOFRIO AT (202) 927-0424 OR BOB
DORSETT AT (202) 927-7002, TRADE COMPLIANCE.

PHILIP METZGER