[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Notices]
[Pages 51492-51493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25193]
[[Page 51492]]
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DEPARTMENT OF THE TREASURY
Customs Service
List of Foreign Entities Violating Textile Transshipment and
Country of Origin Rules
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: General notice.
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SUMMARY: This document notifies the public of foreign entities which
have been issued a penalty claim under Sec. 592 of the Tariff Act, for
certain violations of the customs laws. This list is authorized to be
published by Sec. 333 of the Uruguay Round Agreements Act.
FOR FURTHER INFORMATION CONTACT: For information regarding any of the
operational aspects, contact Michael Compeau, Branch Chief, Seizures
and Penalties Division, at 202-927-0762. For information regarding any
of the legal aspects, contact Ellen McClain, Office of Chief Counsel,
at 202-927-6900.
SUPPLEMENTARY INFORMATION:
Background
Section 333 of the Uruguay Round Agreements Act (URAA)(Public Law
103-465, 108 Stat. 4809)(signed December 12, 1994), entitled Textile
Transshipments, amended Part V of title IV of the Tariff Act of 1930 by
creating a Sec. 592A (19 U.S.C. 1592A), which authorizes the Secretary
of the Treasury to publish in the Federal Register, on a biannual
basis, a list of the names of any producers, manufacturers, suppliers,
sellers, exporters, or other persons located outside the Customs
territory of the United States, when these entities have been issued a
penalty claim under Sec. 592 of the Tariff Act, for certain violations
of the customs laws, provided that certain conditions are satisfied.
The violations of the Customs laws referred to above are the
following: (1) Using documentation, or providing documentation
subsequently used by the importer of record, which indicates a false or
fraudulent country of origin or source of textile or apparel products;
(2) Using counterfeit visas, licenses, permits, bills of lading, or
similar documentation, or providing counterfeit visas, licenses,
permits, bills of lading, or similar documentation that is subsequently
used by the importer of record, with respect to the entry into the
customs territory of the United States of textile or apparel products;
(3) Manufacturing, producing, supplying, or selling textile or apparel
products which are falsely or fraudulently labeled as to country of
origin or source; and (4) Engaging in practices which aid or abet the
transshipment, through a country other than the country of origin, of
textile or apparel products in a manner which conceals the true origin
of the textile or apparel products or permits the evasion of quotas on,
or voluntary restraint agreements with respect to, imports of textile
or apparel products.
If a penalty claim has been issued with respect to any of the above
violations, and no petition in response to the claim has been filed,
the name of the party to whom the penalty claim was issued will appear
on the list. If a petition, supplemental petition or second
supplemental petition for relief from the penalty claim is submitted
under 19 U.S.C. 1618, in accord with the time periods established by
Secs. 171.32 and 171.33, Customs Regulations (19 CFR 171.32, 171.33)
and the petition is subsequently denied or the penalty is mitigated,
and no further petition, if allowed, is received within 30 days of the
denial or allowance of mitigation, then the administrative action shall
be deemed to be final and administrative remedies will be deemed to be
exhausted. Consequently, the name of the party to whom the penalty
claim was issued will appear on the list. However, provision is made
for an appeal to the Secretary of the Treasury by the person named on
the list, for the removal of its name from the list. If the Secretary
finds that such person or entity has not committed any of the
enumerated violations for a period of not less than 3 years after the
date on which the person or entity's name was published, the name will
be removed from the list as of the next publication of the list.
Reasonable Care Required
Section 592A also requires any importer of record entering,
introducing, or attempting to introduce into the commerce of the United
States textile or apparel products that were either directly or
indirectly produced, manufactured, supplied, sold, exported, or
transported by such named person to show, to the satisfaction of the
Secretary, that such importer has exercised reasonable care to ensure
that the textile or apparel products are accompanied by documentation,
packaging, and labeling that are accurate as to its origin. Reliance
solely upon information regarding the imported product from a person
named on the list is clearly not the exercise of reasonable care. Thus,
the textile and apparel importers who have some commercial relationship
with one or more of the listed parties must exercise a degree of
reasonable care in ensuring that the documentation covering the
imported merchandise, as well as its packaging and labeling, is
accurate as to the country of origin of the merchandise. This degree of
reasonable care must rely on more than information supplied by the
named party.
In meeting the reasonable care standard when importing textile or
apparel products and when dealing with a party named on the list
published pursuant to Sec. 592A of the Tariff Act of 1930, an importer
should consider the following questions in attempting to ensure that
the documentation, packaging, and labeling is accurate as to the
country of origin of the imported merchandise. The list of questions is
not exhaustive but is illustrative.
(1) Has the importer had a prior relationship with the named party?
(2) Has the importer had any detentions and/or seizures of textile
or apparel products that were directly or indirectly produced,
supplied, or transported by the named party?
(3) Has the importer visited the company's premises and ascertained
that the company has the capacity to produce the merchandise?
(4) Where a claim of substantial transformation is made, has the
importer ascertained that the named party actually substantially
transforms the merchandise?
(5) Is the named party operating from the same country as is
represented by that party on the documentation, packaging or labeling?
(6) Have quotas for the imported merchandise closed or are they
nearing closing from the main producer countries for this commodity?
(7) What is the history of this country regarding this commodity?
(8) Have you asked questions of your supplier regarding the origin
of the product?
(9) Where the importation is accompanied by a visa, permit, or
license, has the importer verified with the supplier or manufacturer
that the visa, permit, and/or license is both valid and accurate as to
its origin? Has the importer scrutinized the visa, permit or license as
to any irregularities that would call its authenticity into question?
The law authorizes a biannual publication of the names of the
foreign entities. On March 29, 1996, Customs published a Notice in the
Federal Register (61 FR 14204) which identified 8 (eight) entities
which fell within the purview of Sec. 592A of the Tariff Act of 1930.
592A List
For the period ending September 30, 1996, Customs has identified 14
(fourteen) foreign entities that fall
[[Page 51493]]
within the purview of Sec. 592A of the Tariff Act of 1930. This list
reflects the addition of 6 new entities to the 8 entities named on the
list published on March 29, 1996. The parties on the current list were
assessed a penalty claim under 19 U.S.C. 1592, for one or more of the
four above-described violations. The administrative penalty action was
concluded against the parties by one of the actions noted above as
having terminated the administrative process.
The names and addresses of the 14 foreign parties which have been
assessed penalties by Customs for violations of Sec. 592 are listed
below pursuant to Sec. 592A. This list supersedes any previously
published list. The names and addresses of the 14 foreign parties are
as follows:
Azmat Bangladesh, Plot Number 22-23, Sector 2 EPZ, Chittagong 4233,
Bangladesh.
Bestraight Limited, Room 5K, World Tech Centre, 95 How Ming Street,
Kwun Tong, Kowloon, Hong Kong.
Cotton Breeze International, 13/1578 Govindpuri, New Delhi, India.
Hangzhou Tongda Textile Group, Room 918, Hangzhou Mansion, No. 1
Wulin Square, Hangzhou, China.
Hanin Garment Factory, 31 Tai Yau Street, Kowloon, Hong Kong.
Hip Hing Thread Company, No. 10, 6/F Building A, 221 Texaco Road,
Waikai Industrial Centre, Tsuen Wan, N.T. Hong Kong.
Hyattex Industrial Company, 3F, No. 207-4 Hsin Shu Road, Hsin Chuang
City, Taipei Hsien, Taiwan.
Li Xing Garment Company Limited, 2/F Long Guang Building, Number 2
Manufacturing District, Sanxiang Town, Zhongshan, Guandgong, China.
Meigao Jamaica Company Limited, 134 Pineapple Ave., Kingston,
Jamaica.
Meiya Garment Manufacturers Limited, No. 2 Building, 3/F, Shantou
Special Economic Zone, Shantou, China.
Poshak International, H-83 South Extension, Part-I (Back Side), New
Delhi, India.
Topstyle Limited, 6/F, South Block, Kwai Shun Industrial Center, 51-
63 Container Port Road, Kwai Chung, New Territories, Hong Kong.
United Fashions, C-7 Rajouri Garden, New Delhi, India.
Yunnan Provincial Textiles Import & Export, 576 Beijing Road
Kunming, Yun Nan, China.
Any of the above parties may petition to have its name removed from
the list. Such petitions, to include any documentation that the
petitioner deems pertinent to the petition, should be forwarded to the
Assistant Commissioner, Office of Field Operations, United States
Customs Service, 1301 Constitution Avenue, Washington, D.C. 20229.
Additional Foreign Entities
In the March 1996 Federal Register notice, Customs also solicited
information regarding the whereabouts of 37 foreign entities, which
were identified by name and known address, concerning alleged
violations of Sec. 592. Persons with knowledge of the whereabouts of
those 37 entities were requested to contact the Assistant Commissioner,
Office of Field Operations, United States Customs Service, 1301
Constitution Avenue, Washington, D.C. 20229.
In this document, a new list is being published which contains the
names and last known addresses of 38 entities. This reflects the
addition of one new entity to the list.
Customs is soliciting information regarding the whereabouts of the
following 38 foreign entities concerning alleged violations of
Sec. 592. Their name and last known address are listed below:
Bahadur International, 250 Naraw Industrial Area, New Delhi, India.
Madan Exports, E-106 Krishna Nagar, New Delhi, India.
Gulnar Fashion Export, 14 Hari Nagar, Ashram, New Delhi, India.
Janardhan Exports, E-106 Krishna Nagar, New Delhi, India.
Morrin International, E-106 Krishna Nagar, New Delhi, India.
Jai Arjun Mfg. Co., B 4/40 Paschim Vihar, New Delhi, India.
Eroz Fashions, 535 Tuglakabad Extension, New Delhi, India.
China Artex Corp. Beijing Arts, 132-16 Changan Avenue, Beijing,
China.
Shenzhen Long Gang Ji Chuen, Shenzhen, Long Gang Zhen, China.
Traffic, D1/180 Lajpat Nagar, New Delhi, India.
Raj Connections, E-106 Krishna Nagar, Delhi, India.
Bao An Wing Shing Garment Factory, Ado Shi Qu, Bao An Shen Zhen,
China.
Guidetex Garment Factory, 12 Qian Jin Dong Jie, Yao Tai Xian Yuan
Li, Canton, China.
Dechang Garment Factory, Shantou S.E.Z., Cheng Hai, Cheng Shing,
China.
Guangdong Provincial Improved, 60 Ren Min Road, Guangdong, China.
Kin Cheong Garment Factory, No. 13 Shantan Street, Sikou Country,
Taishan, Kwangtong, China.
Gold Tube Ltd., No. 55 Hung To Road, Kwun Tong, Kowloon, Hong Kong.
Sam Hing Bags Factory, Ltd., #35 Tai Ping West Road, Jiu Jaing,
Ghangdong, China.
Luen Kong Handbag Factory, 33 Nanyuan Road, Shenzhen, Guangdong,
China.
Changping High Stage Knitting, Yuan Jing Yuan, Chau Li Qu Chang,
Guangdong, China.
Arsian Company Ltd., XII Khorcolo, Waanbaatar, Mongolia.
Kin Fung Knitting Factory, Block A&B, 4th Flr Por Mee Bldg., 500
Castle Peak Rd., Kowloon, Hong Kong.
Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah, Malaysia.
Crown Garments Factory Sdn Bhd, Lot 112, Jalan Kencana, Bagan Ajam,
Malaysia.
Glee Dragon Garment Mfg., Ltd., 328 Castle Peak Rd., Room G 10Fl,
Tsuen Kam Centre, Kowloon, Hong Kong.
Richman Garment Manufacturing Co., Ltd., 7th Fl, Singapore
Industrial Bldg., 338 Kwun Tong Road, Kowloon, Hong Kong.
Herrel Company, 64 Rowell Road, Suva, Fiji.
Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat Street, Kowloon, Hong
Kong.
Hambridge Ltd., 9 Fl., Lladro Building 72-80, Hoi Yuen Road, Kwun
Tong, Kowloon, Hong Kong.
Kingston Garment Ltd., Lot 42-44 Caracas Dr., Kingston, Jamaica.
Moderntex International Inc., 3941, Kowloon, Hong Kong.
Poltex Sdn, 8 Jalan Serdang, Kedah, Malaysia.
Sam Hing International Enterprise, 5 Guernsey St., Guilford NSW,
Australia.
Societe Prospere De Vetements S.A., Lome, Togo.
Confecciones Kalinda S.A., Zona Franca, Los Alcarrizos, Santo
Domingo, Dominican Republic.
Royal Mandarin Knitworks Co., Flat C 21/F, So Tau Centre, 11-15 Sau
Road, Kwai Chung, N.T., Hong Kong.
Wong's International, Nairamdliyn 26, Ulaanbaatar 11, Naaun,
Mongolia.
Lin Fashions S.A., Lot 111, San Pedro de Macoris, Dominican
Republic.
If you have any information as to a correct mailing address for any
of the above 38 firms, please send that information to the Assistant
Commissioner, Office of Field Operations, U.S. Customs Service, 1301
Constitution Avenue, N.W., Washington, D.C. 20229.
Dated: September 27, 1996.
A. W. Tennant,
Acting Assistant Commissioner, Office of Field Operations.
[FR Doc. 96-25193 Filed 10-1-96; 8:45 am]
BILLING CODE 4820-02-P