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Belarus Memorandum of Understanding on Textiles

MEMORANDUM OF UNDERSTANDING

1. Representatives of the Governments of the Republic of Belarus and the United States of America met in Washington, D.C. on May 30 and 31, 2002 , January 10, 2003, and May 13, 2004 to discuss bilateral textile trade issues of mutual concern.

2. As a result of these and continued discussions, they agreed to extend annual quantitative limits ("specific limits") on imports into the United States of fiberglass fabrics in category 622 for the period January 1, 2003-December 31, 2005. The annual limits are shown below:

January 1, 2003 - December 31, 2003 9,100,000 square meters

January 1, 2004 - December 31, 2004 9,646,000 square meters

January 1, 2005 - December 31, 2005 10,224,760 square meters

These specific limits will be continue to be subject to a sublimit on imports within category 622 weighing 185 grams or less per square meter (622-L) at the following levels:

January 1, 2003 - December 31, 2003 1,291,016 square meters

January 1, 2004 - December 31, 2004 1,368,477 square meters

January 1, 2005 - December 31, 2005 1,450,586 square meters

A sublimit will be established within Category 622 for imports of woven glass fabric exceeding 30 cm, weighing more than 215 grams/M2 but less than 250 grams/M2, with filament diameter of 7 to 13 microns (Category 622-N). The sublimit for Category 622-N will be established at a level for 2004 of 611,326 M2, and a level for 2005 of 648,006 M2. In addition, the Governments agree that shipments which would otherwise be covered by this sublimit, but which were exported from Belarus in January and February 2004, will not be charged to this sublimit. Any 2004 shipments weighing between 205 grams/M2 and 215 grams/M2 charged to the sublimit shall be deducted from charges to this sublimit.

The Governments of the Republic of Belarus and the United States further agree that, on request of either Government, the Governments shall consult to review the supply of the goods covered by Category 622-N in relation to the demands of U.S. consumers of those goods, and to consider whether to increase, for one year, the Category 622-N sublimit. In such consultations, the Governments shall not consider data on prices of goods covered by Category 622-N. The Governments shall begin consultations within 30 days of receipt of a request for consultations and shall endeavor to conclude consultations within 60 days of receipt of a request for consultations.

3. They further agreed to establish specific limits on imports into the United States of women's wool coats in category 435 and women's wool trousers in category 448, at the following levels:

May 1, 2002 - December 31, 2003 Category 435: 66,000 doz. Category 448: 34,000 doz.

January 1, 2004 - December 31, 2004 Category 435: 67,320 doz. Category 448: 34,680 doz.

January 1, 2005 - December 31, 2005 Category 435: 68,666 doz. Category 448: 35,374 doz.

4. The specific limits in paragraphs 2 and 3 may be adjusted in accordance with paragraph 5.

5. (A) During any agreement period, the specific limits may be exceeded by not more than five (5) percent swing, provided that a corresponding reduction in square meters equivalent is made in one or more other specific limits during the same agreement period, and except that swing is not available into or out of category 622 or the sublimits for category 622-L and 622-N.

(B) The Government of the Republic of Belarus shall notify in writing to the Government of the United States which specific limit it intends to increase and which it wishes to decrease during each agreement period.

(C) The extent to which any specific limit may be exceeded in any agreement period by carryover (the use of any unused meterage, i.e., shortfall, of the corresponding limit for the previous period) and/or carryforward (the borrowing of a portion of the corresponding limit from the succeeding agreement period) is eleven (11) percent, of which carryforward shall not constitute more than six (6) percent.

(D) No carryforward shall be available for application in the final agreement period.

(E) For the purposes of this agreement, a shortfall occurs when exports of textiles or textile products from Belarus to the United States during any agreement period are below any specific limit or, in the case of any limit decreased pursuant this paragraph, when such exports are below the limit as decreased.

(F) The Government of the Republic of Belarus will notify in writing to the Government of the United States when it wishes to use carryforward, or unused meterage (shortfall) available in categories for carryover, subject to the provisions set out above. However, the Government of the United States may supply adjustments under this paragraph to any specific limit whenever that adjustment appears appropriate to facilitate the flow of trade and the sound administration of the Agreement. To the extent that such adjustments are actually utilized, they will be implemented by means of carryover and carryforward, in that order. Any unused carryforward will be re-credited to the following period's limit. This procedure will not prejudice the outcome of any consultations that may be held between the Parties concerning the amounts of available carryover and carryforward.

6. The Government of the Republic of Belarus will administer its export control system under this Agreement. The Government of the United States will assist the Government of the Republic of Belarus in implementing the limitation provisions of this Agreement by controlling, by the date of export, imports of textiles and textile products covered by this Agreement.

7. Exports from Belarus in excess of authorized specific limits in any agreement period may be denied entry into the United States. Any such shipments denied entry may be permitted entry into the United States and charged to the applicable specific limit in the succeeding agreement period. The Government of the United States shall inform the Government of the Republic of Belarus of any such charges.

8. Either Government may terminate this Agreement, effective at the end of a quota period, by written notice to the other Government, to be given at least 90 days prior to the end of such quota period.

9. The provisions of this Agreement will be implemented on signature and will supercede the Memorandum of Understanding of December 20, 2002.

_____________________________ _____________________________

For the Government of For the Government of

the Republic of Belarus the United States of America

May 13, 2004

This link will send you to the US Department of Commerce Office of Textiles and Apparel's agreements page for current quota restraints, weekly performance reports, a contact point for inquiries, and other updated information.

Textiles and Apparel Agreements Link


TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.