Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices 15563 consummation by April 1, 1998, and source of textile or apparel products; (2) exercised reasonable care to ensure that there are no legal or regulatory barriers Using counterfeit visas, licenses, the textile or apparel products are to consummation, the authority to permits, bills of lading, or similar accompanied by documentation, abandon will automatically expire. documentation, or providing counterfeit packaging, and labeling that are accurate Decided: March 25, 1997. visas, licenses, permits, bills of lading, as to its origin. Under section 592A, or similar documentation that is By the Board, David M. Konschnik, reliance solely upon information Director, Office of Proceedings. subsequently used by the importer of regarding the imported product from a record, with respect to the entry into the Vernon A. Williams, person named on the list does not customs territory of the United States of constitute the exercise of reasonable Secretary. textile or apparel products; (3) care. [FR Doc. 97–8236 Filed 3–31–97; 8:45 am] Manufacturing, producing, supplying, Textile and apparel importers who BILLING CODE 44915±00±P or selling textile or apparel products have some commercial relationship which are falsely or fraudulently labeled with one or more of the listed parties as to country of origin or source; and (4) must exercise a degree of reasonable DEPARTMENT OF THE TREASURY Engaging in practices which aid or abet care in ensuring that the documentation the transshipment, through a country covering the imported merchandise, as Customs Service other than the country of origin, of well as its packaging and labeling, is textile or apparel products in a manner List of Foreign Entities Violating accurate as to the country of origin of which conceals the true origin of the Textile Transshipment and Country of the merchandise. This degree of textile or apparel products or permits Origin Rules reasonable care must rely on more than the evasion of quotas on, or voluntary information supplied by the named AGENCY: Customs Service, Department restraint agreements with respect to, party. of the Treasury. imports of textile or apparel products. In meeting the reasonable care If a penalty claim has been issued ACTION: General notice. standard when importing textile or with respect to any of the above apparel products and when dealing with SUMMARY: This document notifies the violations, and no petition in response a party named on the list published public of foreign entities which have to the claim has been filed, the name of pursuant to section 592A, an importer been issued a penalty claim under the party to whom the penalty claim should consider the following questions section 592 of the Tariff Act of 1930, for was issued will appear on the list. If a in attempting to ensure that the certain violations of the customs laws. petition, supplemental petition or documentation, packaging, and labeling This list is authorized to be published second supplemental petition for relief is accurate as to the country of origin of by § 592A of the Tariff Act of 1930. from the penalty claim is submitted the imported merchandise. The list of FOR FURTHER INFORMATION CONTACT: For under 19 U.S.C. 1618, in accord with questions is not exhaustive but is information regarding any of the the time periods established by illustrative. operational aspects, contact Michael §§ 171.32 and 171.33, Customs (1) Has the importer had a prior Compeau, Chief, Seizures and Penalties, Regulations (19 CFR 171.32, 171.33) and relationship with the named party? at 202-927–0762. For information the petition is subsequently denied or (2) Has the importer had any regarding any of the legal aspects, the penalty is mitigated, and no further detentions and/or seizures of textile or contact Ellen McClain, Office of Chief petition, if permitted, is received within apparel products that were directly or Counsel, at 202–927–6900. 30 days of the denial or allowance of indirectly produced, supplied, or mitigation, then the administrative transported by the named party? SUPPLEMENTARY INFORMATION: action shall be deemed to be final and (3) Has the importer visited the Background administrative remedies will be deemed company’s premises and ascertained to be exhausted. Consequently, the that the company has the capacity to Section 333 of the Uruguay Round name of the party to whom the penalty produce the merchandise? Agreements Act (URAA) (Pub. L. 103– claim was issued will appear on the list. (4) Where a claim of substantial 465, 108 Stat. 4809) (signed December 8, However, provision is made for an transformation is made, has the 1994), entitled Textile Transshipments, appeal to the Secretary of the Treasury importer ascertained that the named amended Part V of title IV of the Tariff by the person named on the list, for the party actually substantially transforms Act of 1930 by creating a section 592A removal of its name from the list. If the the merchandise? (19 U.S.C. 1592a), which authorizes the Secretary finds that such party has not (5) Is the named party operating from Secretary of the Treasury to publish in committed any of the enumerated the same country as is represented by the Federal Register, on a biannual violations for a period of not less than that party on the documentation, basis, a list of the names of any 3 years after the date on which the packaging or labeling? producers, manufacturers, suppliers, party’s name was published, the name (6) Have quotas for the imported sellers, exporters, or other persons will be removed from the list as of the merchandise closed or are they nearing located outside the customs territory of next publication of the list. closing from the main producer the United States, when these entities countries for this commodity? Reasonable Care Required have been issued a penalty claim under (7) What is the history of this country section 592 of the Tariff Act of 1930, for Section 592A also requires any regarding this commodity? certain violations of the customs laws, importer of record entering, introducing, (8) Have you asked questions of your provided that certain conditions are or attempting to introduce into the supplier regarding the origin of the satisfied. commerce of the United States textile or product? The violations of the customs laws apparel products that were either (9) Where the importation is referred to above are the following: (1) directly or indirectly produced, accompanied by a visa, permit, or Using documentation, or providing manufactured, supplied, sold, exported, license, has the importer verified with documentation subsequently used by or transported by such named person to the supplier or manufacturer that the the importer of record, which indicates show, to the satisfaction of the visa, permit, and/or license is both valid a false or fraudulent country of origin or Secretary, that such importer has and accurate as to its origin? Has the 15564 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Notices importer scrutinized the visa, permit or Yunnan Provincial Textiles Import & Export, Gold Tube Ltd., No. 55 Hung To Road, Kwun license as to any irregularities that 576 Beijing Road Kunming, Yun Nan, Tong, Kowloon, Hong Kong. would call its authenticity into China. Sam Hing Bags Factory, Ltd., #35 Tai Ping question? Any of the above parties may petition West Road, Jiu Jaing, Ghangdong, China. On October 2, 1996, Customs to have its name removed from the list. Luen Kong Handbag Factory, 33 Nanyuan published a Notice in the Federal Such petitions, to include any Road, Shenzhen, Guangdong, China. Register (61 FR 51492) which identified documentation that the petitioner Changping High Stage Knitting, Yuan Jing 14 (fourteen) entities which fell within deems pertinent to the petition, should Yuan, Chau Li Qu Chang, Guangdong, the purview of § 592A of the Tariff Act be forwarded to the Assistant China. of 1930. Commissioner, Office of Field Arsian Company Ltd, XII Khorcolo, Operations, United States Customs Waanbaatar, Mongolia. 592A List Service, 1301 Constitution Avenue, Kin Fung Knitting Factory, Block A&B, 4th For the period ending March 31, 1997, Washington, DC 20229. Flr Por Mee Bldg., 500 Casle Peak Rd., Customs has identified 14 (fourteen) Kowloon, Hong Kong. foreign entities that fall within the Additional Foreign Entities Cahaya Suria Sdn Bhd, Lot 5, Jalan 3, Kedah, purview of section 592A of the Tariff In the October 1996 Federal Register Malaysia. Act of 1930. This list reflects the notice, Customs also solicited Crown Garments Factory Sdn Bhd, Lot 112, addition of 1 new entity to the 14 information regarding the whereabouts Jalan Kencana, Bagan Ajam, Malaysia. entities named on the list published on of 38 foreign entities, which were Glee Dragon Garment Mfg. Ltd., 328 Castle October 2, 1996, and the removal of one identified by name and known address, Peak Rd., Room G 10Fl, Tsuen Kam Centre, entity, Hangzhou Tongda Textile Group, concerning alleged violations of section Kowloon, Hong Kong. from the list. The parties on the current 592. Persons with knowledge of the Richman Garment Manufacturing Co., Ltd., list were assessed a penalty claim under whereabouts of those 38 entities were 7th Fl, Singapore Industrial Bldg., 338 19 U.S.C. 1592, for one or more of the requested to contact the Assistant Kwun Tong Road, Kowloon, Hong Kong. four above-described violations. The Commissioner, Office of Field Herrel Company, 64 Rowell Road, Suva, Fiji. administrative penalty action was Operations, United States Customs Belwear Co., Ltd., Flat C, 3rd Floor, Yuk Yat concluded against the parties by one of Service, 1301 Constitution Avenue, Street, Kowloon, Hong Kong. the actions noted above as having Washington, DC 20229. Hambridge Ltd., 9 Fl., Lladro Building 72–80, terminated the administrative process. In this document, a new list is being Hoi Yuen Road, Kwun Tong, Kowloon, The names and addresses of the 14 published which contains the names Hong Kong. foreign parties which have been and last known addresses of 40 entities. Kingston Garment Ltd., Lot 42–44 Caracas assessed penalties by Customs for This reflects the addition of two new Dr., Kingston, Jamaica. violations of section 592 are listed entities to the list. Moderntex International Inc., 3941, Kowloon, below pursuant to § 592A. This list Customs is soliciting information Hong Kong. Poltex Sdn, 8 Jalan Serdang, Kedah, supersedes any previously published regarding the whereabouts of the Malaysia. list. The names and addresses of the 14 following 40 foreign entities concerning Sam Hing International Enterprise, 5 foreign parties are as follows: alleged violations of section 592. Their name and last known address are listed Guernsey St., Guilford NSW, Australia. Azmat Bangladesh, Plot Number 22–23, below: Societe Prospere De Vetements S.A., Lome, Sector 2 EPZ, Chittagong 4233, Bangladesh. Togo. Bestraight Limited, Room 5K, World Tech Bahadur International, 250 Naraw Industrial Confecciones Kalinda S.A., Zona Franca, Los Area, New Delhi, India. Centre, 95 How Ming Street, Kwun Tong, Alcarrizos, Santo Domingo, Dominican Kowloon, Hong Kong. Madan Exports, E–106 Krishna Nagar, New Republic. Cotton Breeze International, 13/1578 Delhi, India. Govindpuri, New Delhi, India. Royal Mandarin Knitworks Co., Flat C 21/F, Gulnar Fashion Export, 14 Hari Nagar, So Tau Centre, 11–15 Sau Road, Kwai Hanin Garment Factory, 31 Tai Yau Street, Ashram, New Delhi, India. Chung, N.T., Hong Kong. Kowloon, Hong Kong. Janardhan Exports, E–106 Krishna Nagar, Hip Hing Thread Company, No. 10, 6/F New Delhi, India. Wong’s International, Nairamdliyn 26, Building A, 221 Texaco Road, Waikai Morrin International, E–106 Krishna Nagar, Ulaanbaatar 11, Naaun, Mongolia. Industrial Centre, Tsuen Wan, N.T. Hong New Delhi, India. Lin Fashions S.A., Lot 111, San Pedro de Kong. Jai Arjun Mfg., Co., B 4/40 Paschim Vihar, Macoris, Dominican Republic. Hyattex Industrial Company, 3F, No. 207–4 New Delhi, India. Samsung Corporation, CPO Box 1144, Seoul, Hsin Shu road, Hsin Chuang City, Taipei Eroz Fashions, 535 Tuglakabad Extension, Korea. Hsien, Taiwan. New Delhi, India. United Textile and Weaving, P.O. Box 40355, Jentex Industrial, 7–1 Fl., No. 246, Chang An China Artex Corp. Beijing Arts, 132–16 Sharjah, United Arab Emirates. E. Rd., Sec. 2, Taipei, Taiwan. Changan Avenue, Beijing, China. Li Xing Garment Company Limited, 2/F Long Shenzhen Long Gang Ji Chuen, Shenzhen, If you have any information as to a Guang Building, Number 2 Manufacturing Long Gang Zhen, China. District, Sanxiang Town, Zhongshan, correct mailing address for any of the Traffic, D1/180 Lajpat Nagar, New Delhi, above 40 firms, please send that Guandgong, China. India. Meigao Jamaica Company Limited, 134 Raj Connections, E–106 Krishna Nagar, Delhi, information to the Assistant Pineapple Ave., Kingston, Jamaica. India. Commissioner, Office of Field Meiya Garment Manufacturers Limited, No. 2 Bao An Wing Shing Garment Factory, Ado Operations, U.S. Customs Service, 1301 Building, 3/F, Shantou Special Economic Shi Qu, Bao An Shen Zhen, China. Constitution Avenue, N.W., Zone, Shantou, China. Guidetex Garment Factory, 12 Qian Jin Dong Washington, D.C. 20229. Poshak International, H–83 South Extension, Jie, Yao Tai Xian Yuan Li, Canton, China. Part-I (Back Side), New Delhi, India. Dechang Garment Factory, Shantou S.E.Z., Dated: March 27, 1997. Topstyle Limited, 6/F, South Block, Kwai Cheng Hai, Cheng Shing, China. Audrey Adams, Shun Industrial Center, 51–63 Container Guangdong Provincial Improved, 60 Ren Min Acting Assistant Commissioner, Office of Port Road, Kwai Chung, New Territories, Road, Guangdong, China. Field Operations. Hong Kong. Kin Cheong Garment Factory, No. 13 Shantan United Fashions, C–7 Rajouri Garden, New Street, Sikou Country, Taishan, [FR Doc. 97–8218 Filed 3–31–97; 8:45 am] Delhi, India. Kwangtong, China. BILLING CODE 4820±02±P