Vietnam: ELVIS is Implemented for Exports on/after March 22, 2004
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice announcing that the U.S. and Vietnam have amended the existing U.S.-Vietnam textile and apparel visa arrangement in order to implement the Electronic Visa Information System (ELVIS) for textiles and apparel that are subject to quota limits, that are produced or manufactured in Vietnam and exported on or after March 22, 2004.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
| Eff 03/22/04 | FR Pub 02/26/04 |
(The textiles and apparel subject to quota from Vietnam (and also subject to a visa requirement) are in categories 200, 301, 332, 333, 334/335, 338/339, 340/640, 341/641, 342/642, 345, 347/348, 351/651, 352/652, 359C/659C, 359S/659S, 434, 435, 440, 447, 448, 620, 632, 638/639, 645/646, and 647/648.)
Highlights of the New ELVIS Requirements
Attached to CITA's notice is a copy of its directive to U.S. Customs and Border Protection (CBP) containing the new information on ELVIS, which is highlighted below:
Information required for each ELVIS transmission. CITA states that each ELVIS transmission shall include the visa number; date of issuance; correct category(s), merged category(s), part category(s), quantity(s) (in whole numbers), and unit(s) of quantity provided for in the Commerce Department's Correlation in the Harmonized Tariff Schedule (HTS) (quantities must be stated in whole numbers); quantity of the shipment in the correct units of quantity; and the manufacturer ID number (MID).
Reasons for entry of a shipment not being permitted. According to CITA, entry of a shipment will not be permitted if:
an ELVIS transmission has not been received from the Government of Vietnam;
the ELVIS transmission is missing any of the following: visa number; category, part category, or merged category; quantity; unit of measure; date of issuance; or manufacturer ID number;
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 the visa number; category, part category, or merged category, or unit of measure;
the quantity being entered is greater than the quantity transmitted; or
the visa number has been previously used, except in the case of a split shipment or cancelled, except when entry has already been made using the visa number.
CITA states that a new, correct ELVIS transmission from the Government of Vietnam is required before a shipment that has been denied entry for one of the above reasons will be released.
CITA also states that 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.
System failure. CITA states that shipments will not be released for 24 hours or one calendar day in the event of a system failure. If a system failure exceeds this time frame, for the remaining period of the system failure, CBP will release the shipments on the basis of the visa data provided by the Government of Vietnam.
Personal Use and $800 or Less Properly Marked Samples
According to CITA, merchandise imported for the personal use of the importer and not for resale, regardless of value, and properly marked commercial sample shipments valued at US$800 or less, do not require a visa or ELVIS transmission and shall not be charged to quota limits.
(CITA also states that the visa stamp remains unchanged.)
CITA Contact - Naomi Freeman (202) 482-4212
CITA notice (FR Pub 02/26/04) available at
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/E4-407.pdf.
BP Note
The directive to CBP regarding ELVIS also covers visa requirements, and seems to omit language that appears in the visa arrangement and CITA's initial directive to CBP that first established visa requirements for Vietnamese textiles and apparel. BP is checking on this and will update subscribers when new information is available.