CSMS Message: 99-001147

TO : ALL ABI BROKERS.
FROM : HQ QUOTA

SUBJECT : ELVIS REQUIREMENTS-BD (PART I)

DATE : 12/17/1999

BOARD: OTO4
POSTED BY: HQ QUOTA
RETENTION: 999

0349093
DECEMBER 15, 1999

CATEGORY: TEX

TO: ALL PORT DIRECTORS

FROM: DIRECTOR, TRADE PROGRAMS

RE: VBT-99-1: "CONSOLIDATION AND AMENDMENT OF EXPORT VISA
REQUIREMENTS TO INCLUDE THE ELECTRONIC VISA INFORMATION
SYSTEM FOR CERTAIN COTTON, WOOL, MAN-MADE FIBER, SILK
BLEND AND OTHER VEGETABLE FIBER TEXTILES AND TEXTILE
PRODUCTS PRODUCED OR MANUFACTURED IN BANGLADESH"

PASS TO: ASSISTANT PORT DIRECTORS, NATIONAL IMPORT SPECIALIST(S),
IMPORT SPECIALISTS, CUSTOMS OFFICERS SUCH AS INSPECTORS,
ENTRY SUPERVISORS AND OTHER INTERESTED PARTIES SUCH AS
BROKERS AND IMPORTERS

(PART I OF II)

A CITA DIRECTIVE DATED, DECEMBER 14, 1999, EFFECTIVE ON
JANUARY 1, 2000, DIRECTED U.S. CUSTOMS TO PROHIBIT 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, 800-899, INCLUDING PART CATEGORIES AND
MERGED CATEGORIES, PRODUCED OR MANUFACTURED IN BANGLADESH AND EXPORT
ON AND AFTER JANUARY 1, 2000 FOR WHICH THE GOVERNMENT OF BANGLADESH
HAS NOT ISSUED AN APPROPRIATE EXPORT VISA AND ELECTRONIC VISA
INFORMATION SYSTEM (ELVIS) TRANSMISSION FULLY DESCRIBED BELOW. SHOU
ADDITIONAL CATEGORIES, PART-CATEGORIES OR MERGED CATEGORIES BECOME
SUBJECT TO IMPORT QUOTAS, THE ENTIRE CATEGORY(S), PART-CATEGORY(S) O
MERGED CATEGORY(S) SHALL BE INCLUDED IN THE COVERAGE OF THIS
ARRANGEMENT.

A VISA MUST ACCOMPANY EACH SHIPMENT OF THE AFOREMENTIONED TEXTILE
PRODUCTS. A CIRCULAR STAMPED MARKING IN BLUE INK WILL APPEAR ON THE
FRONT OF THE ORIGINAL EXPORT LICENSE. THE ORIGINAL VISA SHALL NOT BE
STAMPED ON DUPLICATE COPIES OF THE EXPORT LICENSE. THE ORIGINAL
EXPORT LICENSE WITH THE ORIGINAL VISA STAMP WILL BE REQUIRED TO ENTER
THE SHIPMENT INTO THE UNITED STATES. DUPLICATES OF THE EXPORT LICENSE
AND/OR VISA MAY NOT BE USED FOR THIS PURPOSE.

VISA REQUIREMENTS

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 CODE
SPECIFIED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION
(ISO) (THE CODE FOR BANGLADESH IS "BD"), AND A SIX DIGIT SERIAL NUMBER
IDENTIFYING THE SHIPMENT; E.G., 0BD123456.

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 AUTHORIZED BY THE
GOVERNMENT OF BANGLADESH.

4. THE CORRECT CATEGORY(S), PART CATEGORY(S), MERGED CATEGORY(S),
QUANTITY(S) AND UNIT(S) OF QUANTITY IN THE SHIPMENT IN THE UNIT(S) OF
QUANTITY PROVIDED FOR IN ANNEX A OF THE EXPORT VISA ARRANGEMENT, IN
THE U.S. DEPARTMENT OF COMMERCE CORRELATION, AND IN THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES ANNOTATED, OR SUCCESSOR DOCUMENT
AND 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. (FOR
EXAMPLE, QUOTA CATEGORY 347/348 MAY BE VISAED AS "CAT. 347/348" OR IF
THE SHIPMENT CONSISTS SOLELY OF CATEGORY 347 MERCHANDISE, THE SHIPMENT
MAY BE VISAED AS "CAT. 347," BUT NOT AS "CAT. 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
THE SHIPMENT, ENTRY SHALL BE PERMITTED AND ONLY THE AMOUNT ENTERED
SHALL BE CHARGED TO ANY APPLICABLE QUOTA.

THE CATEGORIES AND UNITS OF MEASURE SHALL BE THOSE LISTED IN ANNEX A
OF THE EXPORT VISA ARRANGEMENT AND AS DETERMINED BY THE U.S. CUSTOMS
SERVICE.

IF THE VISA IS NOT ACCEPTABLE THEN A NEW CORRECT VISA MUST BE OBTAINED
FROM THE GOVERNMENT OF BANGLADESH OR A VISA WAIVER MAY BE ISSUED BY
THE U.S. DEPARTMENT OF COMMERCE AT THE REQUEST OF THE GOVERNMENT OF
BANGLADESH 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 ANY QUOTA REQUIREMENT. VISA WAIVER 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, BUT WILL PROVIDE THE
IMPORTER A CERTIFIED COPY OF THAT VISAED EXPORT LICENSE FOR USE IN
OBTAINING A NEW CORRECT VISAED INVOICE OR A VISA WAIVER.

ONLY THE ACTUAL QUANTITY IN THE SHIPMENT AND THE CORRECT CATEGORY WILL
BE CHARGED TO THE APPLICABLE RESTRAINT LEVEL.

IF A SHIPMENT FROM BANGLADESH HAS BEEN ALLOWED ENTRY INTO THE COMMERCE
OF THE UNITED STATES WITH EITHER AN INCORRECT VISA OR NO VISA AND
REDELIVERY IS REQUESTED BUT IS NOT MADE, THE SHIPMENT WILL BE CHARGED
TO THE CORRECT CATEGORY LIMIT WHETHER OR NOT A REPLACEMENT VISA OR
VISA WAIVER IS PROVIDED.

THE GOVERNMENT OF THE UNITED STATES WILL MAKE AVAILABLE TO THE
GOVERNMENT OF BANGLADESH, UPON REQUEST, INFORMATION ON THE AMOUNTS
AND CATEGORIES INVOLVED FOR ALL ITEMS SUBJECT TO QUOTA ADMINISTERED
BY THE U.S. CUSTOMS SERVICE.

THE COMPLETE NAME AND ADDRESS OF A COMPANY PERFORMING THE MAJOR
PRODUCTION STEPS IN THE MANUFACTURING PROCESS OF THE TEXTILE PRODUCT
COVERED BY THE VISA SHALL BE PROVIDED ON THE TEXTILE VISA DOCUMENT.

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 CODE
SPECIFIED BY THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION
(ISO) (THE CODE FOR BANGLADESH IS "BD"), AND A SIX DIGIT SERIAL NUMBER
IDENTIFYING THE SHIPMENT; E.G. 0BD123456.

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 OF THE SHIPMENT IN THE UNIT(S) OF
QUANTITY PROVIDED FOR 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 NUMBER (MID). THE MID SHALL BEGIN WITH "BD,"
FOLLOWED BY THE FIRST THREE CHARACTERS FROM EACH OF THE FIRST TWO
WORDS OF THE NAME OF THE MANUFACTURER, 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:

I. IF AN ELVIS TRANSMISSION HAS NOT BEEN RECEIVED FOR THE SHIPMENT
FROM BANGLADESH;

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 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 CANCELED, EXCEPT WHEN AN ENTRY HAS ALREADY BEEN
MADE USING THE VISA NUMBER.

C. A NEW, CORRECT ELVIS TRANSMISSION FROM BANGLADESH IS REQUIRED
BEFORE A SHIPMENT THAT HAS BEEN DENIED ENTRY FOR ONE OF THE
CIRCUMSTANCES DESCRIBED ABOVE WILL BE RELEASED.

D. NOTWITHSTANDING THE PREVIOUS PARAGRAPH, A VISA WAIVER MAY BE
ACCEPTED, AT THE DISCRETION OF THE U.S. DEPARTMENT OF COMMERCE, IN
LIEU OF AN ELVIS TRANSMISSION IF THE SHIPMENT QUALIFIES AS A ONE-TIME
SPECIAL PURPOSE SHIPMENT THAT IS 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 BANGLADESH IS ALLOWED ENTRY INTO THE COMMERCE
THE UNITED STATES WITH AN INCORRECT VISA, NO VISA, AN INCORRECT ELVIS
TRANSMISSION, OR NO ELVIS TRANSMISSION, AND REDELIVERY IS REQUESTED
BUT IS NOT MADE, THE SHIPMENT WILL BE CHARGED TO THE CORRECT CATEGORY
LIMIT WHETHER OR NOT A REPLACEMENT VISA OR WAIVER IS PROVIDED OR A NO
ELVIS MESSAGE IS TRANSMITTED.

G. THE U.S. CUSTOMS WILL PROVIDE THE GOVERNMENT OF BANGLADESH WITH A
REPORT ON VISA UTILIZATION, WHICH IS ACCESSIBLE AT ANY TIME. THIS
REPORT WILL CONTAIN:

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

EXEMPT CERTIFICATION REQUIREMENTS:

A. TEXTILES AND TEXTILE ARTICLES PROVIDED FOR BELOW, WHICH INCLUDES
BANGLADESH ITEMS LISTED IN ANNEX C OF THE EXPORT VISA ARRANGEMENT,
WILL BE EXEMPTED FROM THE LEVELS OF RESTRAINT (QUOTAS), VISA AND ELVIS
REQUIREMENTS IF THEY ARE CERTIFIED, PRIOR TO THE SHIPMENT LEAVING
BANGLADESH, BY THE PLACING OF THE ORIGINAL RECTANGULAR-SHAPED STAMPED
MARKING IN BLUE INK ON THE FRONT OF THE ORIGINAL COMMERCIAL INVOICE.
THE ORIGINAL EXEMPT CERTIFICATION SHALL NOT BE AFFIXED TO DUPLICATE
COPIES OF THE 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 EXEMPT
CERTIFICATION MAY NOT BE USED.

1. CERTAIN FLOOR COVERINGS: FLOOR COVERINGS PROVIDED FOR IN HTS ITEMS
5701.10.1600, 5701.10.4000, 5702.51.2000, 5702.91.3000, 5702.92.0010
5702.99.1010.

2. HANDLOOMED FABRICS, HANDMADE AND FOLKLORE PRODUCTS:

A. HANDLOOMED FABRICS OF THE COTTAGE INDUSTRY

B. HANDMADE TEXTILE PRODUCTS MADE IN THE COTTAGE INDUSTRY FROM
HANDLOOMED FABRICS; AND

C. PARTICULAR TRADITIONAL FOLKLORE HANDICRAFT PRODUCTS AS LISTED IN
ANNEX C OF THE EXPORT VISA ARRANGEMENT.

B. REQUIREMENTS FOR EXEMPT CERTIFICATION STAMP: EACH EXEMPT
CERTIFICATION STAMP WILL INCLUDE THE FOLLOWING INFORMATION:

1. DATE OF ISSUANCE;

2. SIGNATURE OF ISSUING OFFICIAL;

3. THE BASIS FOR THE EXEMPTION, WHICH SHALL BE NOTED AS:

A. FLOOR COVERINGS - HTS NUMBER 5701.10.1600 (OR WHICHEVER
HTS NUMBER IS APPLICABLE).

B. HANDLOOMED FABRIC

C. HAND-MADE TEXTILE PRODUCT

D. THE NAME OF THE PARTICULAR TRADITIONAL FOLKLORE HANDICRAFT
PRODUCTS (BANGLADESHI ITEM) AS LISTED BELOW.

C. SHOULD A SHIPMENT BE EXPORTED FROM BANGLADESH WITH AN INCORRECT
EXEMPT CERTIFICATION (I.E. THE DATE OF ISSUANCE, SIGNATURE OR BASIS
FOR EXEMPTION IS MISSING, INCORRECT OR ILLEGIBLE OR HAS BEEN CROSSED
OUT OR ALTERED IN ANY WAY), THEN THE EXEMPT CERTIFICATION SHALL NOT
ACCEPTED AND ENTRY SHALL NOT BE PERMITTED UNTIL A REPLACEMENT
CERTIFICATION IS ISSUED.

D. SHOULD A SHIPMENT BE EXPORTED FROM BANGLADESH WITHOUT AN EXEMPT
CERTIFICATION BEING ISSUED PRIOR TO THE DATE OF EXPORTATION OR THE
MERCHANDISE DOES NOT QUALIFY FOR THE EXEMPTION, THEN AN EXEMPT
CERTIFICATION SHALL NOT BE ACCEPTED AND ENTRY SHALL NOT BE PERMITTED
IN SUCH A CASE, A VISA OR A VISA WAIVER MUST BE OBTAINED PRIOR TO
RELEASE OF ANY PORTION OF THE SHIPMENT. IF QUOTAS ARE IN FORCE, THE
SHIPMENT WILL BE CHARGED TO THE APPROPRIATE QUOTA LEVEL.

SHIPMENTS NOT REQUIRING VISAS, ELVIS TRANSMISSIONS OR EXEMPT
CERTIFICATIONS:

MERCHANDISE IMPORTED FOR THE PERSONAL USE OF THE IMPORTER AND NOT FOR
RESALE, REGARDLESS OF VALUE, AND PROPERLY MARKED COMMERCIAL SAMPLE
SHIPMENTS VALUED $800 OR LESS DO NOT REQUIRE A VISA, AN ELVIS
TRANSMISSION OR EXEMPT CERTIFICATION FOR ENTRY AND SHALL NOT BE
CHARGED TO AGREEMENT LEVELS.

OTHER PROVISIONS:

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

B. AN INVOICE MAY COVER VISAED MERCHANDISE OR EXEMPT CERTIFICATION
MERCHANDISE BUT NOT BOTH.

C. AFTER A SIX-MONTH TEST PHASE IS COMPLETED, BOTH GOVERNMENTS WILL
CONDUCT A JOINT ASSESSMENT AND MAKE RECOMMENDATIONS REGARDING THE
ELIMINATION OF THE VISA STAMP ON THE COMMERCIAL INVOICE.

D. EFFECTIVE ON JANUARY 1, 2000, NEITHER A VISA NOR AN ELVIS
TRANSMISSION WILL BE REQUIRED FOR PRODUCTS INTEGRATED IN THE SECOND
STAGE OF THE INTEGRATION OF TEXTILES AND CLOTHING INTO GATT 1994 FROM
WTO MEMBER COUNTRIES (SEE DIRECTIVE DATED SEPTEMBER 30, 1998). A VISA
AND ELVIS TRANSMISSION WILL CONTINUE TO BE REQUIRED FOR NON-INTEGRATED
PRODUCTS.

E. THE VISA STAMP REMAINS UNCHANGED.

THE FOLLOWING ARE THE ESTABLISHED MERGED CATEGORIES:

336/636
338/339
340/640
342/642
347/348
351/651
352/652
638/639
645/646
647/648

THE FOLLOWING ARE THE ESTABLISHED PART CATEGORIES:

369-S (COTTON SHOP TOWELS)
369-O (OTHER COTTON MANUFACTURES)