Imports of Certain Cotton Shirting Fabric: Implementation of Tariff Rate Quota Established Under the Tax Relief and Health Care Act of 2006, 40235-40238 [E7-14321]
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Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
Germany; Telephone: 49.3341.3111.70;
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(3) You may review copies at the FAA,
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Issued in Kansas City, Missouri, on July 12,
2007.
Sandra J. Campbell,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–13981 Filed 7–23–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 336
[Docket Number: 070712324-7325-01]
RIN 0625–AA74
Imports of Certain Cotton Shirting
Fabric: Implementation of Tariff Rate
Quota Established Under the Tax
Relief and Health Care Act of 2006
Department of Commerce,
International Trade Administration.
ACTION: Interim final rule, request for
comments.
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AGENCY:
SUMMARY: The Department of Commerce
is issuing interim regulations
implementing Section 406 of the Tax
Relief and Health Care Act of 2006 (‘‘the
Act’’), which President Bush signed into
law on December 20, 2006 (Pub. L. 109432). Section 406(b)(1) authorizes the
Secretary of Commerce to issue licenses
to eligible manufacturers under
headings 9902.52.08 through 9902.52.19
of the Harmonized Tariff Schedule of
the United States, specifying the
restrictions under each such license on
the quantity of cotton woven fabrics that
may be entered each year by or on
behalf of the manufacturer.
DATES: This interim final rule is
effective July 24, 2007. To be
considered, written comments must be
received by 5 p.m. on September 24,
2007.
ADDRESSES: Comments should be
addressed to: R. Matthew Priest, Deputy
Assistant Secretary for Textiles and
Apparel, Room 3001, United States
Department of Commerce, Washington,
DC 20230.
FOR FURTHER INFORMATION CONTACT:
Sergio Botero, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–4058.
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SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce is
issuing interim regulations
implementing Section 406 of the Tax
Relief and Health Care Act of 2006 (‘‘the
Act’’), which President Bush signed into
law on December 20, 2006 (Pub. L. 109432). Section 406(b)(1) authorizes the
Secretary of Commerce to issue licenses
to eligible manufacturers under
headings 9902.52.08 through 9902.52.19
of the Harmonized Tariff Schedule of
the United States, specifying the
restrictions under each such license on
the quantity of cotton woven fabrics that
may be entered each year by or on
behalf of the manufacturer.
The Act creates an annual tariff rate
quota providing for temporary
reductions through December 31, 2009
in the import duties of cotton woven
fabrics suitable for making cotton shirts
(new Harmonized Tariff Schedule of the
United States (HTS) headings
9902.52.08, 9902.52.09, 9902.52.10,
9902.52.11, 9902.52.12, 9902.52.13,
9902.52.14, 9902.52.15, 9902.52.16,
9902.52.17, 9902.52.18, and
9902.52.19). The reduction in duty is
limited to 85 percent of the total square
meter equivalents of all imported woven
fabrics of cotton containing 85 percent
or more by weight of cotton used by
manufacturers in cutting and sewing
men’s and boy’s cotton shirts in the
United States and purchased by such
manufacturers during calendar year
2000.
The Act requires that the Secretary of
Commerce must issue licenses and
ensure that the tariff rate quotas are
fairly allocated to eligible manufacturers
under such headings 9902.52.08
through 9902.52.19.
The Department, promptly upon
promulgation of these interim
regulations, intends to begin the process
of soliciting applications for a license
allocation of the 2007 tariff rate quota.
Licenses will be issued to eligible
manufacturers within 60 days after the
manufacturer files an application with
the Department. In subsequent years the
Department intends to make its
determination regarding allocation of
the tariff rate quota no later than
December 31 of the year preceding the
tariff rate quota year
The tariff rate quota licenses will be
issued to eligible manufacturers on the
basis of the percentage of each
manufacturer’s quantity of imported
woven fabrics described under HTS
headings 9902.52.08 through 9902.52.19
during calendar year 2000, compared to
the imports of such fabric by all
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40235
manufacturers that qualify for a tariff
rate quota allocation.
Pursuant to statutory requirements,
allocation will be limited to persons
(including firms, corporations, or other
legal entities) who cut and sew men’s
and boys’ cotton shirts in the United
States and who, during calendar year
2000, were manufacturers cutting and
sewing men’s and boy’s cotton shirts in
the United States from imported woven
fabrics of cotton containing 85 percent
or more by weight of cotton of the kind
described in HTS headings 9902.52.08
through 9902.52.19 purchased by such
manufacturers during calendar year
2000. Any manufacturer who becomes a
successor-of-interest to a manufacturer
of the cotton woven shirts described in
HTS headings 9902.52.08 through
9902.52.19 during 2000 because of a
reorganization or otherwise, shall be
eligible to apply for a TRQ.
In order to receive a license, eligible
manufactures must submit ITA Form
ITA–4156P entitled ‘‘Affidavit for
Application for TRQ License Cotton
Shirting Fabric Tariff Rate Quota’’
containing the following information:
(1) Company name, address, contact
telephone number, e-mail address,
federal tax identification number, name
of person submitting the application,
and title, or capacity in which the
person is acting for the applicant.
(2) The name and address of each
plant and/or contractor location in the
United States where men’s and boy’s
cotton shirts of imported woven fabric
of the kind described in HTS headings
9902.52.08 through 9902.52.19 was cut
and sewn in calendar year 2000.
(3) The date of purchase shall be (a)
the invoice date if the manufacturer is
not the importer of record; and (b) the
date of entry if the manufacturer is the
importer of record.
(4) The quantity of imported woven
fabrics of cotton containing 85 percent
or more by weight of cotton purchased
during calendar year 2000 for use in the
cutting and sewing of men’s and boys’
shirts in the United States.
At the conclusion of the application
the applicant must attest that ‘‘all
information contained in the
application is complete and correct and
no false claims, statements or
representations have been made.’’
Applicants should be aware that,
generally, pursuant to 31 U.S.C. 3729
persons providing false or fraudulent
claims, and pursuant to 18 U.S.C. 101,
persons making materially false
statement to representations, are subject
to civil or criminal penalties,
respectively. All applications must be
notarized by a licensed public notary.
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Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
Any business confidential
information provided pursuant must be
marked ‘‘business confidential.’’ Such
information will be kept confidential
and protected from disclosure to the full
extent permitted by law.
The applicant must retain records
substantiating the information provided
in the application for a period of 3
years. Such records must be made
available upon request by an
appropriate government official.
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Conditions of License Use
The importer of record of fabric
entered or withdrawn from warehouse
for consumption under a license must
be the Licensee or an importer
authorized by the Licensee to act on its
behalf. A Licensee may only authorize
an importer to import fabric under the
license on its behalf by making such
authorization in writing or by electronic
notice to the importer and providing a
copy of such authorization to the
Department. The authorization must
include the unique number of the
license, must specify the type of fabric
imported by micron count, and must be
in the possession of the importer at the
time of filing the entry summary or
warehouse withdrawal for consumption
(Customs Form 7501) or its electronic
equivalent. The authorization also must
include the unique PIN assigned by the
licensee to the importer. A copy of the
authorization and PIN assigned to each
importer must be provided to the
Department by fax (202) 482–0667 or by
mail to the Office of Textiles and
Apparel, Room 3001, United States
Department of Commerce, Washington,
DC 20230. This authorization may only
be withdrawn by notifying the importer,
in writing or by electronic notice, with
a copy provided to the Department. The
licensee also must advise the
Department of each authorized
importer’s Importer of Record
Identification Number.
The licensee should inform its
authorized importers that if they enter
an amount less than the exact amount
requested and authorized by the Import
Approval, the importer must annotate
the Import Approval form and send a
copy to the Department and to the
licensee. This annotation will be used to
correct the record of use of the license.
Failure to provide such information
could disrupt the orderly use of the
license. Imports in excess of amount of
import approval are not authorized.
Classification
Executive Order 12866: This rule has
been determined to be not significant
under E.O. 12866.
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Administrative Procedure Act: The
Department of Commerce finds good
cause, under 5 U.S.C. 553(b)(B), to
waive the requirement to provide prior
notice and opportunity for public
comment as such requirement is
impracticable and contrary to the public
interest. The new HTS categories and
allocation system must be implemented
as soon as possible to allow TRQ
recipients to import their products
under the new HTS categories and
allocation system.
If the new HTS category and
allocation system are not implemented
immediately, TRQ recipients will be
required to file amended entries with
U.S. Customs and Border Protection
(CBP) in order to get the duty benefit.
The Act entered into force in December
20, 2006, created an annual tariff rate
quota providing for temporary
reductions through December 31, 2009
in the import duties of cotton woven
fabrics suitable for making cotton shirts
(new Harmonized Tariff Schedule of the
United States (HTS) headings
9902.52.08, 9902.52.09, 9902.52.10,
9902.52.11, 9902.52.12, 9902.52.13,
9902.52.14, 9902.52.15, 9902.52.16,
9902.52.17, 9902.52.18, and
9902.52.19). The reduction in duty is
limited to 85 percent of the total square
meter equivalents of all imported woven
fabrics of cotton containing 85 percent
or more by weight cotton used by
manufacturers in cutting and sewing
men’s and boy’s cotton shirts in the
United States and purchased by such
manufacturer during calendar year
2000. The Act establishes that the TRQ
is to be administered on a calendar year
(January 1 to December 31) basis. While
the Act does not specify a start date,
Congress plainly intended the TRQ to be
in effect in the first calendar year
following the enactment, or January 1,
2007–December 31, 2007. During the
calendar year of the date of application,
an applicant must have cut and sewed
men’s and boys’ cotton woven shirts in
the United States. Furthermore, an
applicant must have, during calendar
year 2000, cut and sewed men’s and
boy’s cotton shirts in the United States
from imported woven fabrics of cotton
containing 85 percent or more by weight
of cotton of the kind described in HTS
headings 9902.52.08 through 9902.5219
purchased by such manufacturer during
calendar year 2000. The applicant may
have cut or sewn these cotton shirts on
its own behalf or had another person cut
and sew the cotton shirts on the
applicant’s behalf, provided the
applicant owned the fabric at the time
it was cut and sewn.
Amended entries are costly and time
consuming. To obtain the duty benefits
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under a TRQ from a license issued after
cotton fabric has cleared CBP, a
Licensee would need to request its
brokers and other suppliers to file
amended entries on its behalf with CBP
in order to obtain the duty rebates
applicable to the TRQ license. This
process is time consuming and costly as
additional staff would need to be hired
and extra hours devoted to research and
file amended entries. Brokers would
need to research thousand of shipments,
imported into several different ports, in
order to file amended entries. Brokers
and other suppliers do not always have
the resources and personnel in order to
investigate individual shipments for
individual companies to file entries
retroactively. The average cost charged
by brokers and suppliers for researching
shipments range from $100 to $200 to
file amended entries, which would in
effect nullify the duty benefit for small
shipments which may make up the bulk
of the entries for licensees.
For the same reasons above, there is
good cause to find under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness. As stated above, the
process of researching shipments to file
amended entries is time consuming and
costly. If this regulation is not
implemented immediately, the costs
incurred by TRQ recipients would in
effect nullify any duty benefits,
particularly for those TRQ recipients
who have small shipments.
While these regulations will be
effective upon publication, the
Department of Commerce hereby solicits
comments on these interim regulations
and will amend them in final
regulations if appropriate. The
Department is particularly interested in
comments concerning any impact these
regulations might have on small-ormedium sized businesses.
Paperwork Reduction Act: This
interim rule contains information
collection requirements subject to the
Paperwork Reduction Act (PRA). This
information collection requirements
have been approved by Office of
Management and Budget (OMB) under
an emergency request under Control
Number 0625–0260. A request for
permanent approval is pending. When
the approval is provided, notice will be
published in the Federal Register.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the PRA unless that
collection of information displays a
current valid OMB control number. The
information collected will be used by
the Department to allocate the tariff rate
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Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
quota among manufacturers. Responses
to the collection of information are
required for a manufacturer to receive
allocation of the tariff rate quota.
Records substantiating information
provided in an application must be
retained. It is estimated that the annual
burden for the collection will average
one hour per application. This includes
the time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to
the Office of Management and Budget,
Washington, DC 20503 (Attention: ITA
Desk Officer).
Dated: July 18, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import
Administration.
§336.3 Eligibility Criteria and Application
Requirements to receive allocation.
List of Subjects
15 CFR Part 336
Imports, Quotas, Reporting and
Recordkeeping, Tariffs, Textiles.
I For reasons stated in the preamble,
Part 336 is added to title 15 of the Code
of Federal Regulations to read as
follows:
PART 336—IMPORTS OF COTTON
WOVEN FABRIC
Sec.
§336.1 Purpose.
§336.2 Definitions.
§336.3 Eligibility Criteria and Application
Requirements to receive allocation.
§336.4 Allocation.
§336.5 Licenses.
Authority: Section 406 Public Law 109–
434. Tax Relief and Health Care Act of 2006.
December 9, 2006.
§336.1
Purpose.
This part sets forth regulations
regarding the issuance and effect of
licenses for allocation of Cotton Woven
Fabric under the Tariff Rate Quota
established by Section 406 of the Act.
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§336.2
Definitions.
For purposes of these regulations:
Act means the Tax Relief and Health
Care Act of 2006 (Public Law 109–434).
Cotton Shirts means men’s and boys’
cotton shirts made from woven fabric
containing 85 percent or more by weight
of cotton.
Cotton Woven Fabric means woven
fabrics of cotton containing 85 percent
or more by weight of cotton.
Department means the United Sates
Department of Commerce.
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HTS means the Harmonized Tariff
Schedule of the United States.
Imports subject to Tariff Rate Quota
are defined by date of presentation as
defined in 19 CFR 132.1(d) and 19 CFR
132.11(a).
Licensee means applicant for an
allocation of the Tariff Rate Quota that
receives an allocation and a license.
Manufacturer means a person or
entity that cuts and sews men’s and
boys’ cotton woven shirts in the United
States.
Tariff Rate Quota or Quotas means
the temporary duty reduction provided
under Section 406 of the Act for limited
quantities of cotton woven fabrics
entered under HTS headings 9902.52.08
through 9902.52.19 suitable for use in
making men’s and boys’ cotton woven
shirts.
Tariff Rate Quota Year means a
calendar year for which the Tariff Rate
Quotas are in effect.
(a) In each year prior to the Tariff Rate
Quota Year, the Department will cause
to be published a Federal Register
notice soliciting applications to receive
an allocation of the Tariff Rate Quotas.
(b) An application for a Tariff Rate
Quota must be received, or postmarked
by the U.S. Postal Service, within 30
calendar days after the date of
publication of the Federal Register
notice soliciting applications.
(c) Eligibility
The TRQ is available to manufacturers
that during the calendar year of the date
of application, have cut and sewed
men’s and boys’ cotton woven shirts in
the United States. Furthermore, an
applicant must have, during calendar
year 2000, cut and sewed men’s and
boy’s cotton shirts in the United States
from imported woven fabrics of cotton
containing 85 percent or more by weight
of cotton of the kind described in HTS
headings 9902.52.08 through 9902.5219
purchased by such manufacturer during
calendar year 2000. The applicant may
have cut or sewn these cotton shirts on
its own behalf or had another person cut
and sew the cotton shirts on the
applicant’s behalf, provided the
applicant owned the fabric at the time
it was cut and sewn. Any manufacturer
who becomes a successor-of-interest to
a manufacturer of the cotton shirts
described in HTS headings 9902.52.08
through 9902.52.19 during 2000 because
of a reorganization or otherwise, shall be
eligible to apply for a TRQ.
(d) Application Requirements:
To receive consideration for a TRQ,
an applicant must submit ITA Form
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40237
ITA-4156P providing the following
information:
(1) Identification: Company name,
address, contact telephone number,
e-mail address, federal tax identification
number, name of person submitting the
application, and title, or capacity in
which the person is acting for the
applicant.
(2) Manufacturing Facilities: The
name and address of each plant or
location in the United States where
men’s and boy’s cotton shirts of
imported woven fabric of the kind
described in HTS headings 9902.52.08
through 9902.52.19 was cut and sewn in
calendar year 2000.
(3) Date of purchase: The date of
purchase shall be (a) the invoice date if
the manufacturer is not the importer of
record; and (b) the date of entry if the
manufacturer is the importer of record.
(4) Quantity of fabric: The quantity of
imported woven fabrics of cotton
containing 85 percent or more by weight
of cotton purchased during calendar
year 2000 for use in the cutting and
sewing of men’s and boys’ shirts in the
United States.
(5) Affidavit: At the conclusion of the
application an officer of the
manufacturer must certify that the
manufacturer is eligible to receive a
license and stating the quantity of
imported woven fabrics of cotton
containing 85 percent or more by weight
of cotton purchased during calendar
year 2000 for use in the cutting and
sewing of men’s and boys’ shirts in the
United States and attest that all
information contained in the
application is complete and correct and
no false claims, statements or
representations have been made.
Applicants should be aware that,
generally, pursuant to 31 U.S.C. 3729
persons providing false or fraudulent
claims, and pursuant to 18 U.S.C. 101,
persons making materially false
statement to representations, are subject
to civil or criminal penalties,
respectively.
(6) Notarization. All application must
be notarized by a licensed public notary.
(e) Confidentiality. Any business
confidential information provided
pursuant to this section that is marked
‘‘business confidential’’ will be kept
confidential and protected from
disclosure to the full extent permitted
by law.
(f) Record Retention: The applicant
shall retain records substantiating the
information provided in §336.3(d)(2),
and (3), and (4) for a period of 3 years
and the records must be made available
upon request by an appropriate
government official.
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§336.4
Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations
Allocation.
(a) The Tariff Rate Quota licenses will
be issued to eligible manufacturers on
the basis of the percentage of each
manufacturer’s quantity of imported
woven fabrics described under HTS
headings 9902.52.08 through 9902.52.19
during calendar year 2000, compared to
the imports of such fabric by all
manufacturers that qualify for a Tariff
Rate Quota license.
(b) The Department will cause to be
published in the Federal Register its
determination to allocate Tariff Rate
Quotas and issue licenses to
manufacturers within 60 days after the
manufacturers file an application with
the Department.
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§336.5
Licenses.
(a) Each Licensee will receive a
license, which will include a unique
control number.
(b) A license may be exercised only
for fabric entered for consumption, or
withdrawn from warehouse for
consumption, during the Tariff Rate
Quota Year specified in the license. A
licensee will be debited on the basis of
date of entry for consumption or
withdrawal from warehouse for
consumption.
(c) A Licensee may import fabric
certified by the importer as suitable for
use in making men’s and boys’ cotton
shirts under the Tariff Rate Quota as
specified in the license up to the
quantity specified in the license subject
to the Tariff Rate Quota duty rate. Only
a Licensee or an importer authorized by
a Licensee will be permitted to import
fabric under the Tariff Rate Quota and
to receive the Tariff Rate Quota duty
rate.
(d) The term of the license shall be the
Tariff Rate Quota Year for which it is
issued. Fabric may be entered or
withdrawn from warehouse for
consumption under a license only
during the term of that license. The
license cannot be used for fabric entered
or withdrawn from warehouse for
consumption after December 31 of the
year of the term of the license.
(e) The importer of fabric entered or
withdrawn from warehouse for
consumption under a license must be
the Licensee or an importer authorized
by the licensee to act on its behalf. If the
importer of record is the Licensee, the
importer must possess the license at the
time of filing the entry summary or
warehouse withdrawal for consumption
(Customs Form 7501).
(f) A Licensee may only authorize an
importer to import fabric under the
license on its behalf by making such an
authorization in writing or by electronic
notice to the importer and providing a
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copy of such authorization to the
Department. A Licensee may only
withdraw authorization from an
importer by notifying the importer, in
writing or by electronic notice, and
providing a copy to the Department.
(g) The written authorization must
include a unique number of the license,
must specifically cover the type of fabric
imported, and must be in possession of
the importer at the time of filing the
entry summary or warehouse
withdrawal for consumption (Customs
Form 7501), or its electronic equivalent,
in order for the importer to obtain the
applicable Tariff Rate Quota duty rate.
The authorization also must include the
unique PIN assigned by the licensee to
the importer. A copy of the
authorization and PIN assigned to each
importer must be provided to the
Department by fax (202) 482-0667 or by
mail to the Office of Textiles and
Apparel, Room 3001, United States
Department of Commerce, Washington,
D.C. 20230 . The licensee also must
advise the Department of each
authorized importer’s Importer of
Record Identification Number.
(h) It is the responsibility of the
Licensee to safeguard the use of the
license issued. The Department and U.S.
Customs and Border Protection will not
be liable for any improper use of the
license.
(i) The licensee should inform its
authorized importers that if they enter
an amount less than the exact amount
requested and authorized by the Import
Approval, the importer must annotate
the Import Approval form and send a
copy to the Department and to the
licensee. This annotation will be used to
correct the record of use of the license.
Failure to provide such information
could disrupt the orderly use of the
license. Imports in excess of amount of
import approval are not authorized.
[FR Doc. E7–14321 Filed 7–23–07; 8:45 am]
BILLING CODE 3510–DS–S
ACTION:
SUMMARY: On July 2, 2007, the Drug
Enforcement Administration (DEA)
published a final rule in the Federal
Register changing the regulation of
iodine under the Controlled Substances
Act. Several amendatory instructions
amending the Code of Federal
Regulations (CFR) to implement this
rulemaking were published in error.
This correction corrects those errors.
EFFECTIVE DATES: This correction is
effective July 24, 2007.
FOR FURTHER INFORMATION CONTACT:
Christine A. Sannerud, PhD, Chief, Drug
and Chemical Evaluation Section, Office
of Diversion Control, Drug Enforcement
Administration, Washington, DC 20537
at (202) 307–7183.
SUPPLEMENTARY INFORMATION: On July 2,
2007, the Drug Enforcement
Administration (DEA) published a Final
Rule in the Federal Register (72 FR
35920) changing the regulation of iodine
under the Controlled Substances Act. As
part of that rulemaking, several sections
in Part 1310 of Title 21 of the Code of
Federal Regulations (CFR) were
amended. However, DEA previously
published several documents in the
Federal Register adding similarly
designated paragraphs. Thus, the final
rule regarding the regulation of iodine
published July 2, 2007 at 72 FR 35920
inadvertently removed those previous
amendments. Therefore, this document
corrects the amendments to the affected
CFR sections to correctly designate
paragraphs, thus reflecting all
amendments to Part 1310 of Title 21 of
the CFR.
Accordingly, the final rule published
July 2, 2007, at 72 FR 35920 (FR Doc.
E7–12736) is corrected as follows:
I
PART 1310—RECORDS AND
REPORTS OF LISTED CHEMICALS
AND CERTAIN MACHINES [AMENDED]
1. On page 35931, amendment 4 is
corrected to read as follows: ‘‘4. Section
1310.02 is amended by adding a new
paragraph (a)(29), removing paragraph
(b)(11), and redesignating paragraph
(b)(12) as paragraph (b)(11) to read as
follows:’’
I
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
§ 1310.02
[Docket No. DEA–257C]
*
RIN 1117–AA93
Changes in the Regulation of Iodine
Crystals and Chemical Mixtures
Containing Over 2.2 Percent Iodine;
Correction
Drug Enforcement
Administration (DEA), Justice
AGENCY:
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Final rule; correction.
Sfmt 4700
Substances covered.
*
*
(a) * * *
*
*
(29) Iodine ..........................................
*
6699
*
*
*
*
2. On page 35931, amendment 5 is
corrected to read as follows: ‘‘5. Section
1310.04 is amended by removing
paragraph (f)(2)(ii)(H); redesignating
(f)(2)(ii)(I) and (f)(2)(ii)(J) as (f)(2)(ii)(H)
I
E:\FR\FM\24JYR1.SGM
24JYR1
]]>Agencies
[Federal Register Volume 72, Number 141 (Tuesday, July 24, 2007)]
[Rules and Regulations]
[Pages 40235-40238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14321]
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DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 336
[Docket Number: 070712324-7325-01]
RIN 0625-AA74
Imports of Certain Cotton Shirting Fabric: Implementation of
Tariff Rate Quota Established Under the Tax Relief and Health Care Act
of 2006
AGENCY: Department of Commerce, International Trade Administration.
ACTION: Interim final rule, request for comments.
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SUMMARY: The Department of Commerce is issuing interim regulations
implementing Section 406 of the Tax Relief and Health Care Act of 2006
(``the Act''), which President Bush signed into law on December 20,
2006 (Pub. L. 109-432). Section 406(b)(1) authorizes the Secretary of
Commerce to issue licenses to eligible manufacturers under headings
9902.52.08 through 9902.52.19 of the Harmonized Tariff Schedule of the
United States, specifying the restrictions under each such license on
the quantity of cotton woven fabrics that may be entered each year by
or on behalf of the manufacturer.
DATES: This interim final rule is effective July 24, 2007. To be
considered, written comments must be received by 5 p.m. on September
24, 2007.
ADDRESSES: Comments should be addressed to: R. Matthew Priest, Deputy
Assistant Secretary for Textiles and Apparel, Room 3001, United States
Department of Commerce, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-4058.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce is issuing interim regulations
implementing Section 406 of the Tax Relief and Health Care Act of 2006
(``the Act''), which President Bush signed into law on December 20,
2006 (Pub. L. 109-432). Section 406(b)(1) authorizes the Secretary of
Commerce to issue licenses to eligible manufacturers under headings
9902.52.08 through 9902.52.19 of the Harmonized Tariff Schedule of the
United States, specifying the restrictions under each such license on
the quantity of cotton woven fabrics that may be entered each year by
or on behalf of the manufacturer.
The Act creates an annual tariff rate quota providing for temporary
reductions through December 31, 2009 in the import duties of cotton
woven fabrics suitable for making cotton shirts (new Harmonized Tariff
Schedule of the United States (HTS) headings 9902.52.08, 9902.52.09,
9902.52.10, 9902.52.11, 9902.52.12, 9902.52.13, 9902.52.14, 9902.52.15,
9902.52.16, 9902.52.17, 9902.52.18, and 9902.52.19). The reduction in
duty is limited to 85 percent of the total square meter equivalents of
all imported woven fabrics of cotton containing 85 percent or more by
weight of cotton used by manufacturers in cutting and sewing men's and
boy's cotton shirts in the United States and purchased by such
manufacturers during calendar year 2000.
The Act requires that the Secretary of Commerce must issue licenses
and ensure that the tariff rate quotas are fairly allocated to eligible
manufacturers under such headings 9902.52.08 through 9902.52.19.
The Department, promptly upon promulgation of these interim
regulations, intends to begin the process of soliciting applications
for a license allocation of the 2007 tariff rate quota. Licenses will
be issued to eligible manufacturers within 60 days after the
manufacturer files an application with the Department. In subsequent
years the Department intends to make its determination regarding
allocation of the tariff rate quota no later than December 31 of the
year preceding the tariff rate quota year
The tariff rate quota licenses will be issued to eligible
manufacturers on the basis of the percentage of each manufacturer's
quantity of imported woven fabrics described under HTS headings
9902.52.08 through 9902.52.19 during calendar year 2000, compared to
the imports of such fabric by all manufacturers that qualify for a
tariff rate quota allocation.
Pursuant to statutory requirements, allocation will be limited to
persons (including firms, corporations, or other legal entities) who
cut and sew men's and boys' cotton shirts in the United States and who,
during calendar year 2000, were manufacturers cutting and sewing men's
and boy's cotton shirts in the United States from imported woven
fabrics of cotton containing 85 percent or more by weight of cotton of
the kind described in HTS headings 9902.52.08 through 9902.52.19
purchased by such manufacturers during calendar year 2000. Any
manufacturer who becomes a successor-of-interest to a manufacturer of
the cotton woven shirts described in HTS headings 9902.52.08 through
9902.52.19 during 2000 because of a reorganization or otherwise, shall
be eligible to apply for a TRQ.
In order to receive a license, eligible manufactures must submit
ITA Form ITA-4156P entitled ``Affidavit for Application for TRQ License
Cotton Shirting Fabric Tariff Rate Quota'' containing the following
information:
(1) Company name, address, contact telephone number, e-mail
address, federal tax identification number, name of person submitting
the application, and title, or capacity in which the person is acting
for the applicant.
(2) The name and address of each plant and/or contractor location
in the United States where men's and boy's cotton shirts of imported
woven fabric of the kind described in HTS headings 9902.52.08 through
9902.52.19 was cut and sewn in calendar year 2000.
(3) The date of purchase shall be (a) the invoice date if the
manufacturer is not the importer of record; and (b) the date of entry
if the manufacturer is the importer of record.
(4) The quantity of imported woven fabrics of cotton containing 85
percent or more by weight of cotton purchased during calendar year 2000
for use in the cutting and sewing of men's and boys' shirts in the
United States.
At the conclusion of the application the applicant must attest that
``all information contained in the application is complete and correct
and no false claims, statements or representations have been made.''
Applicants should be aware that, generally, pursuant to 31 U.S.C. 3729
persons providing false or fraudulent claims, and pursuant to 18 U.S.C.
101, persons making materially false statement to representations, are
subject to civil or criminal penalties, respectively. All applications
must be notarized by a licensed public notary.
[[Page 40236]]
Any business confidential information provided pursuant must be
marked ``business confidential.'' Such information will be kept
confidential and protected from disclosure to the full extent permitted
by law.
The applicant must retain records substantiating the information
provided in the application for a period of 3 years. Such records must
be made available upon request by an appropriate government official.
Conditions of License Use
The importer of record of fabric entered or withdrawn from
warehouse for consumption under a license must be the Licensee or an
importer authorized by the Licensee to act on its behalf. A Licensee
may only authorize an importer to import fabric under the license on
its behalf by making such authorization in writing or by electronic
notice to the importer and providing a copy of such authorization to
the Department. The authorization must include the unique number of the
license, must specify the type of fabric imported by micron count, and
must be in the possession of the importer at the time of filing the
entry summary or warehouse withdrawal for consumption (Customs Form
7501) or its electronic equivalent. The authorization also must include
the unique PIN assigned by the licensee to the importer. A copy of the
authorization and PIN assigned to each importer must be provided to the
Department by fax (202) 482-0667 or by mail to the Office of Textiles
and Apparel, Room 3001, United States Department of Commerce,
Washington, DC 20230. This authorization may only be withdrawn by
notifying the importer, in writing or by electronic notice, with a copy
provided to the Department. The licensee also must advise the
Department of each authorized importer's Importer of Record
Identification Number.
The licensee should inform its authorized importers that if they
enter an amount less than the exact amount requested and authorized by
the Import Approval, the importer must annotate the Import Approval
form and send a copy to the Department and to the licensee. This
annotation will be used to correct the record of use of the license.
Failure to provide such information could disrupt the orderly use of
the license. Imports in excess of amount of import approval are not
authorized.
Classification
Executive Order 12866: This rule has been determined to be not
significant under E.O. 12866.
Administrative Procedure Act: The Department of Commerce finds good
cause, under 5 U.S.C. 553(b)(B), to waive the requirement to provide
prior notice and opportunity for public comment as such requirement is
impracticable and contrary to the public interest. The new HTS
categories and allocation system must be implemented as soon as
possible to allow TRQ recipients to import their products under the new
HTS categories and allocation system.
If the new HTS category and allocation system are not implemented
immediately, TRQ recipients will be required to file amended entries
with U.S. Customs and Border Protection (CBP) in order to get the duty
benefit. The Act entered into force in December 20, 2006, created an
annual tariff rate quota providing for temporary reductions through
December 31, 2009 in the import duties of cotton woven fabrics suitable
for making cotton shirts (new Harmonized Tariff Schedule of the United
States (HTS) headings 9902.52.08, 9902.52.09, 9902.52.10, 9902.52.11,
9902.52.12, 9902.52.13, 9902.52.14, 9902.52.15, 9902.52.16, 9902.52.17,
9902.52.18, and 9902.52.19). The reduction in duty is limited to 85
percent of the total square meter equivalents of all imported woven
fabrics of cotton containing 85 percent or more by weight cotton used
by manufacturers in cutting and sewing men's and boy's cotton shirts in
the United States and purchased by such manufacturer during calendar
year 2000. The Act establishes that the TRQ is to be administered on a
calendar year (January 1 to December 31) basis. While the Act does not
specify a start date, Congress plainly intended the TRQ to be in effect
in the first calendar year following the enactment, or January 1, 2007-
December 31, 2007. During the calendar year of the date of application,
an applicant must have cut and sewed men's and boys' cotton woven
shirts in the United States. Furthermore, an applicant must have,
during calendar year 2000, cut and sewed men's and boy's cotton shirts
in the United States from imported woven fabrics of cotton containing
85 percent or more by weight of cotton of the kind described in HTS
headings 9902.52.08 through 9902.5219 purchased by such manufacturer
during calendar year 2000. The applicant may have cut or sewn these
cotton shirts on its own behalf or had another person cut and sew the
cotton shirts on the applicant's behalf, provided the applicant owned
the fabric at the time it was cut and sewn.
Amended entries are costly and time consuming. To obtain the duty
benefits under a TRQ from a license issued after cotton fabric has
cleared CBP, a Licensee would need to request its brokers and other
suppliers to file amended entries on its behalf with CBP in order to
obtain the duty rebates applicable to the TRQ license. This process is
time consuming and costly as additional staff would need to be hired
and extra hours devoted to research and file amended entries. Brokers
would need to research thousand of shipments, imported into several
different ports, in order to file amended entries. Brokers and other
suppliers do not always have the resources and personnel in order to
investigate individual shipments for individual companies to file
entries retroactively. The average cost charged by brokers and
suppliers for researching shipments range from $100 to $200 to file
amended entries, which would in effect nullify the duty benefit for
small shipments which may make up the bulk of the entries for
licensees.
For the same reasons above, there is good cause to find under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness. As stated
above, the process of researching shipments to file amended entries is
time consuming and costly. If this regulation is not implemented
immediately, the costs incurred by TRQ recipients would in effect
nullify any duty benefits, particularly for those TRQ recipients who
have small shipments.
While these regulations will be effective upon publication, the
Department of Commerce hereby solicits comments on these interim
regulations and will amend them in final regulations if appropriate.
The Department is particularly interested in comments concerning any
impact these regulations might have on small-or-medium sized
businesses.
Paperwork Reduction Act: This interim rule contains information
collection requirements subject to the Paperwork Reduction Act (PRA).
This information collection requirements have been approved by Office
of Management and Budget (OMB) under an emergency request under Control
Number 0625-0260. A request for permanent approval is pending. When the
approval is provided, notice will be published in the Federal Register.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with, a collection of information subject to the requirements
of the PRA unless that collection of information displays a current
valid OMB control number. The information collected will be used by the
Department to allocate the tariff rate
[[Page 40237]]
quota among manufacturers. Responses to the collection of information
are required for a manufacturer to receive allocation of the tariff
rate quota. Records substantiating information provided in an
application must be retained. It is estimated that the annual burden
for the collection will average one hour per application. This includes
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of
Management and Budget, Washington, DC 20503 (Attention: ITA Desk
Officer).
Dated: July 18, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
List of Subjects
15 CFR Part 336
Imports, Quotas, Reporting and Recordkeeping, Tariffs, Textiles.
0
For reasons stated in the preamble, Part 336 is added to title 15 of
the Code of Federal Regulations to read as follows:
PART 336--IMPORTS OF COTTON WOVEN FABRIC
Sec.
Sec. 336.1 Purpose.
Sec. 336.2 Definitions.
Sec. 336.3 Eligibility Criteria and Application Requirements to
receive allocation.
Sec. 336.4 Allocation.
Sec. 336.5 Licenses.
Authority: Section 406 Public Law 109-434. Tax Relief and Health
Care Act of 2006. December 9, 2006.
Sec. 336.1 Purpose.
This part sets forth regulations regarding the issuance and effect
of licenses for allocation of Cotton Woven Fabric under the Tariff Rate
Quota established by Section 406 of the Act.
Sec. 336.2 Definitions.
For purposes of these regulations:
Act means the Tax Relief and Health Care Act of 2006 (Public Law
109-434).
Cotton Shirts means men's and boys' cotton shirts made from woven
fabric containing 85 percent or more by weight of cotton.
Cotton Woven Fabric means woven fabrics of cotton containing 85
percent or more by weight of cotton.
Department means the United Sates Department of Commerce.
HTS means the Harmonized Tariff Schedule of the United States.
Imports subject to Tariff Rate Quota are defined by date of
presentation as defined in 19 CFR 132.1(d) and 19 CFR 132.11(a).
Licensee means applicant for an allocation of the Tariff Rate Quota
that receives an allocation and a license.
Manufacturer means a person or entity that cuts and sews men's and
boys' cotton woven shirts in the United States.
Tariff Rate Quota or Quotas means the temporary duty reduction
provided under Section 406 of the Act for limited quantities of cotton
woven fabrics entered under HTS headings 9902.52.08 through 9902.52.19
suitable for use in making men's and boys' cotton woven shirts.
Tariff Rate Quota Year means a calendar year for which the Tariff
Rate Quotas are in effect.
Sec. 336.3 Eligibility Criteria and Application Requirements to
receive allocation.
(a) In each year prior to the Tariff Rate Quota Year, the
Department will cause to be published a Federal Register notice
soliciting applications to receive an allocation of the Tariff Rate
Quotas.
(b) An application for a Tariff Rate Quota must be received, or
postmarked by the U.S. Postal Service, within 30 calendar days after
the date of publication of the Federal Register notice soliciting
applications.
(c) Eligibility
The TRQ is available to manufacturers that during the calendar year
of the date of application, have cut and sewed men's and boys' cotton
woven shirts in the United States. Furthermore, an applicant must have,
during calendar year 2000, cut and sewed men's and boy's cotton shirts
in the United States from imported woven fabrics of cotton containing
85 percent or more by weight of cotton of the kind described in HTS
headings 9902.52.08 through 9902.5219 purchased by such manufacturer
during calendar year 2000. The applicant may have cut or sewn these
cotton shirts on its own behalf or had another person cut and sew the
cotton shirts on the applicant's behalf, provided the applicant owned
the fabric at the time it was cut and sewn. Any manufacturer who
becomes a successor-of-interest to a manufacturer of the cotton shirts
described in HTS headings 9902.52.08 through 9902.52.19 during 2000
because of a reorganization or otherwise, shall be eligible to apply
for a TRQ.
(d) Application Requirements:
To receive consideration for a TRQ, an applicant must submit ITA
Form ITA-4156P providing the following information:
(1) Identification: Company name, address, contact telephone
number, e-mail address, federal tax identification number, name of
person submitting the application, and title, or capacity in which the
person is acting for the applicant.
(2) Manufacturing Facilities: The name and address of each plant or
location in the United States where men's and boy's cotton shirts of
imported woven fabric of the kind described in HTS headings 9902.52.08
through 9902.52.19 was cut and sewn in calendar year 2000.
(3) Date of purchase: The date of purchase shall be (a) the invoice
date if the manufacturer is not the importer of record; and (b) the
date of entry if the manufacturer is the importer of record.
(4) Quantity of fabric: The quantity of imported woven fabrics of
cotton containing 85 percent or more by weight of cotton purchased
during calendar year 2000 for use in the cutting and sewing of men's
and boys' shirts in the United States.
(5) Affidavit: At the conclusion of the application an officer of
the manufacturer must certify that the manufacturer is eligible to
receive a license and stating the quantity of imported woven fabrics of
cotton containing 85 percent or more by weight of cotton purchased
during calendar year 2000 for use in the cutting and sewing of men's
and boys' shirts in the United States and attest that all information
contained in the application is complete and correct and no false
claims, statements or representations have been made. Applicants should
be aware that, generally, pursuant to 31 U.S.C. 3729 persons providing
false or fraudulent claims, and pursuant to 18 U.S.C. 101, persons
making materially false statement to representations, are subject to
civil or criminal penalties, respectively.
(6) Notarization. All application must be notarized by a licensed
public notary.
(e) Confidentiality. Any business confidential information provided
pursuant to this section that is marked ``business confidential'' will
be kept confidential and protected from disclosure to the full extent
permitted by law.
(f) Record Retention: The applicant shall retain records
substantiating the information provided in Sec. 336.3(d)(2), and (3),
and (4) for a period of 3 years and the records must be made available
upon request by an appropriate government official.
[[Page 40238]]
Sec. 336.4 Allocation.
(a) The Tariff Rate Quota licenses will be issued to eligible
manufacturers on the basis of the percentage of each manufacturer's
quantity of imported woven fabrics described under HTS headings
9902.52.08 through 9902.52.19 during calendar year 2000, compared to
the imports of such fabric by all manufacturers that qualify for a
Tariff Rate Quota license.
(b) The Department will cause to be published in the Federal
Register its determination to allocate Tariff Rate Quotas and issue
licenses to manufacturers within 60 days after the manufacturers file
an application with the Department.
Sec. 336.5 Licenses.
(a) Each Licensee will receive a license, which will include a
unique control number.
(b) A license may be exercised only for fabric entered for
consumption, or withdrawn from warehouse for consumption, during the
Tariff Rate Quota Year specified in the license. A licensee will be
debited on the basis of date of entry for consumption or withdrawal
from warehouse for consumption.
(c) A Licensee may import fabric certified by the importer as
suitable for use in making men's and boys' cotton shirts under the
Tariff Rate Quota as specified in the license up to the quantity
specified in the license subject to the Tariff Rate Quota duty rate.
Only a Licensee or an importer authorized by a Licensee will be
permitted to import fabric under the Tariff Rate Quota and to receive
the Tariff Rate Quota duty rate.
(d) The term of the license shall be the Tariff Rate Quota Year for
which it is issued. Fabric may be entered or withdrawn from warehouse
for consumption under a license only during the term of that license.
The license cannot be used for fabric entered or withdrawn from
warehouse for consumption after December 31 of the year of the term of
the license.
(e) The importer of fabric entered or withdrawn from warehouse for
consumption under a license must be the Licensee or an importer
authorized by the licensee to act on its behalf. If the importer of
record is the Licensee, the importer must possess the license at the
time of filing the entry summary or warehouse withdrawal for
consumption (Customs Form 7501).
(f) A Licensee may only authorize an importer to import fabric
under the license on its behalf by making such an authorization in
writing or by electronic notice to the importer and providing a copy of
such authorization to the Department. A Licensee may only withdraw
authorization from an importer by notifying the importer, in writing or
by electronic notice, and providing a copy to the Department.
(g) The written authorization must include a unique number of the
license, must specifically cover the type of fabric imported, and must
be in possession of the importer at the time of filing the entry
summary or warehouse withdrawal for consumption (Customs Form 7501), or
its electronic equivalent, in order for the importer to obtain the
applicable Tariff Rate Quota duty rate. The authorization also must
include the unique PIN assigned by the licensee to the importer. A copy
of the authorization and PIN assigned to each importer must be provided
to the Department by fax (202) 482-0667 or by mail to the Office of
Textiles and Apparel, Room 3001, United States Department of Commerce,
Washington, D.C. 20230 . The licensee also must advise the Department
of each authorized importer's Importer of Record Identification Number.
(h) It is the responsibility of the Licensee to safeguard the use
of the license issued. The Department and U.S. Customs and Border
Protection will not be liable for any improper use of the license.
(i) The licensee should inform its authorized importers that if
they enter an amount less than the exact amount requested and
authorized by the Import Approval, the importer must annotate the
Import Approval form and send a copy to the Department and to the
licensee. This annotation will be used to correct the record of use of
the license. Failure to provide such information could disrupt the
orderly use of the license. Imports in excess of amount of import
approval are not authorized.
[FR Doc. E7-14321 Filed 7-23-07; 8:45 am]
BILLING CODE 3510-DS-S
