Notices. Issuing a directive to the Commissioner, Bureau of Customs and Border Protection amending visa requirements
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/register/2004/02/26/04-4145A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3510-22-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Amendment of Export Visa Requirements to Include the Electronic Visa Information System for Certain Cotton, Wool, and Man-Made Fiber Textiles and Textile Products Produced or Manufactured in The Socialist Republic of Vietnam February 20, 2004. AGENCY: Committee for the Implementation of Textile Agreements
(CITA)ACTION: Issuing a directive to the Commissioner, Bureau of Customs and Border Protection amending visa requirements. EFFECTIVE DATE: March 22, 2004. FOR FURTHER INFORMATION CONTACT: Naomi Freeman, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,
(202)482-4212. 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. On February 19, 2004, the Governments of the United States and Vietnam signed an agreement amending the existing Visa Arrangement for cotton, wool, and man-made fiber textiles and textile products subject to specific quota limits, as detailed in the notice and letter to the Commissioner, Bureau of Customs and Border Protection, published in the **Federal Register** on May 16, 2003 (see 68 FR 26575). The amended visa Arrangement establishes new provisions for the Electronic Visa Information System (ELVIS). This notice amends, but does not cancel, the notice and letter to the Commissioner of Customs, as amended, published in the **Federal Register** on July 30, 2003 (see 68 FR 44748). A description of the textile and apparel categories in terms of categories within the Harmonized Tariff Schedule of the United States is available in the CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Schedule of the United States (see **Federal Register** notice 69 FR 4926, published on February 2, 2004). Interested persons are advised to take all necessary steps to ensure that textile products entered into the United States for consumption, or withdrawn from warehouse for consumption, will meet the visa requirements set forth in the letter published below to the Commissioner, Bureau of Customs and Border Protection. James C. Leonard III, Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements February 20, 2004. Commissioner, *Bureau of Customs and Border Protection, Washington, DC 20229.* Dear Commissioner: This directive amends, but does not cancel, the directive issued to you on July 24, 2003, as amended, by the Chairman, Committee for the Implementation of Textile Agreements. Under the terms of Section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854); and pursuant to the Visa and ELVIS Arrangement, signed on February 19, 2004, between the Governments of the United States and Vietnam; and in accordance with the provisions of Executive Order 11651 of March 3, 1972, as amended, you are directed 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, and man-made fiber textiles and textile products subject to specific quota limits, as detailed in the directive dated May 12, 2003, and exported on or after March 22, 2004, for which the Government of Vietnam 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 become subject to import quotas, 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 shipment of the aforementioned textile products. The original visa in blue ink shall be stamped on the front of the original commercial invoice. **Visa Requirements** Each visa stamp 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 code specified by the International Organization for Standardization
(ISO)(The code for Vietnam is VN), and a six digit numerical serial number identifying the shipment; *e.g.* , 4VN123456. 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 Vietnam. 4. The correct category(s), merged category(s), part category(s), quantity(s), and units of quantity in the shipment in the units(s) of quantity provided for in the U.S. Department of Commerce Correlation and in the Harmonized Tariff Schedule of the United States (HTSUS), *e.g.* , “Cat. 340-510 DZ”. 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 340/640 may be visaed as “Cat. 340/640” or if the shipment consists solely of Category 340 merchandise, the shipment may be visaed as “Cat. 340,” but not as “Cat. 640”). The Bureau of Customs and Border Protection shall not permit entry if the shipment does not have a visa, or if the visa number, date of issuance, signature, category, 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. Quantities shall be those determined by the Bureau of Customs and Border Protection. If the visa is not acceptable then a new visa must be obtained from the Government of Vietnam or a visa waiver may be issued by the U.S. Department of Commerce at the request of the Vietnamese Embassy in Washington, DC and presented to the Bureau of Customs and Border Protection 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 Bureau of Customs and Border Protection 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. Only the actual quantity in the shipment and the correct category will be charged to the restraint level. **ELVIS Requirements:** A. Each ELVIS transmission shall 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 Vietnam is VN), and a six digit numerical serial number identifying the shipment; *e.g.* , 4VN123456. 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 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. Quantities must be stated in whole numbers. Decimals or fractions will not be accepted. iv. The quantity of the shipment in the correct units of quantity v. The manufacturer ID number
(MID)B. Entry of a shipment shall not be permitted: I. if an ELVIS transmission has not been received for the shipment from the Government of Vietnam; II.if the ELVIS transmission for that shipment is missing any of the following information: i) visa number ii) category, part category, or merged category iii) quantity iv) unit of measure v) date of issuance vi) 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: i) visa number ii) category, part category, or merged category iii) 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 entry has already been made using the visa number. C. A new, correct ELVIS transmission from the Government of Vietnam is required before a shipment that has been denied entry for one the circumstances mentioned above will be released. D. Visa waivers will only be accepted if the shipment qualifies for a one-time special purpose shipment that is not part of an ongoing commercial enterprise. A visa waiver may be issued by the Department of Commerce at the request of the Vietnamese Embassy in Washington, DC. A visa waiver only waives the requirements to present an ELVIS transmission at the time of entry, and doesn't waive any quota requirements. E. In the event of a systems failure, shipments will not be released for twenty-four hours or 1 calendar day. If system failure exceeds twenty-four hours or 1 calendar day, for the remaining period of the system failure the Bureau of Customs and Border Protection will release shipments on the basis of the visa data provided by the Government of Vietnam. Vietnam will retransmit all data that was affected by the systems failure when the system is functioning normally. **Shipments not requiring visas or ELVIS transmission:** 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 a visa or an ELVIS transmission for entry and shall not be charged to Agreement levels. **Other Provisions:** The visa stamp remains unchanged. The Committee for the Implementation of Textile Agreements has determined that this action fall with the foreign affairs exception to the rulemaking provisions of 5 U.S.C. 553(a)(1). Sincerely, James C. Leonard III, *Chairman, Committee for the Implementation of Textile Agreements.* [FR Doc. E4-407 Filed 2-25-04; 8:45 am] BILLING CODE 3510-DR-S DEPARTMENT OF DEFENSE Department of the Air Force Proposed Collection; Comment Request AGENCY: Department of the Air Force, DoD. ACTION: Notice. In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Retiree and Transition Programs Division, Air Force Personnel Center, announces the proposed reinstatement of a public information collection and seeks public comment on the provisions thereof. Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
(b)the accuracy of the agency's estimate of the burden of the proposed information collection;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Consideration will be given to all comments received by March 29, 2004. ADDRESSES: Written comments and recommendations on the proposed information collection should be sent to the Retiree and Transition Programs Division (DPPT), Air Force Personnel Center, 550 C Street West, Suite 11, ATTN: Mr. Bruce O. Creller, Randolph AFB, TX 78150-4713. FOR FURTHER INFORMATION CONTACT: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the above address or call Ms. Gail Weber at 210-565-2461. *Title, Form Number, and OMB Number:* Air Force Instruction 36-2913, “Request for Approval of Foreign Government Employment of Air Force Members,” OMB Number 0701-0134. *Needs and Uses:* The information collection requirement is to obtain the information needed by the Secretary of the Air Force and Secretary of State on which to base a decision to approve/disapprove a request to work for a foreign government. This approval is specified by Title 37, United States Code, Section 908. This statue delegates such approval authority of Congress to the respective service secretaries and to the Secretary of State. *Affected Public:* Individuals and Households. *Annual Burden:* 215. *Number of Respondents:* 215. *Responses per Respondent:* 1. *Average Burden per Response:* 1 Hour. *Frequency:* On Occasion. SUPPLEMENTARY INFORMATION: Summary of Information Collection Respondents are Air Force retired members and certain Reserve members who have gained jobs with a foreign government and who must obtain approval of the Secretary of the Air Force and Secretary of State to do so. Information, in the form of a letter, includes a detailed description of duty, name of employer, Social Security Number, and statements specifying whether or not the employee will be compensated; declaring if employee will be required or plans to obtain foreign citizenship; declaring that the member will not be required to execute an oath of allegiance to the foreign government; verifying that the member understands that retired pay equivalent to the amount received from the foreign government may be withheld if he or she accepts employment with a foreign government before receiving approval. Reserve members only must include a request to be reassigned to Inactive Status List Reserve Section (Reserve Section Code RB). After verifying the status of the individual, the letter is forwarded to the Air Force Review Board for processing. If the signed letter is not included in the file, individuals reviewing the file cannot furnish the necessary information to the Secretary of the Air Force and Secretary of State on which a decision can be made. Requested information is necessary to maintain the integrity of the Request for Approval of Foreign Government Employment Program. Pamela Fitzgerald, Air Force Federal Register Liaison Officer. [FR Doc. 04-4145 Filed 2-25-04; 8:45 am]
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Notices
Issuing a directive to the Commissioner, Bureau of Customs and Border Protection amending visa requirements
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