Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000, 61363-61364 [05-21215]

Download as PDF Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations DEPARTMENT OF COMMERCE International Trade Administration 15 CFR Parts 335 and 340 [Docket No. 050406093–5259–02] RIN 0625–AA67 Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000 ACTION: Final rule. SUMMARY: The Department of Commerce publishes this final rule to adopt, without change, an interim final rule that implemented tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (‘‘the Act’’) as amended by the Trade Act of 2002 and the Miscellaneous Trade Act of 2004, (Pub. L. 108–429). Section 501(e) of the Act requires the President to fairly allocate TRQs on the import of certain worsted wool fabric. Section 504(b) of the Act authorizes the President to modify the limitations on worsted wool fabric imports under TRQs. The President has delegated to the Secretary of Commerce the authority to allocate the quantity of imports under the TRQs (specifically for wool products under HTS headings, 9902.51.11 and 9902.51.12) and to determine whether the limitations on the quantity of imports under the TRQs should be modified. This rule is necessary to implement the amendment to the Act included in the Miscellaneous Trade Act of 2004, (Pub. L. 108–429), which specifies which HTS categories may be allocated as TRQs and which eliminates Commerce’s authority to modify these quotas. DATES: This final rule is effective October 24, 2005. FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–4058. SUPPLEMENTARY INFORMATION: Background The Act created Harmonized Tariff Schedule of the United States (HTS) heading 9902.51.11 and HTS heading 9902.51.12, which establish two TRQs, providing for temporary reductions for three years in the import duties on two categories of worsted wool fabrics suitable for use in making suits, suittype jackets, or trousers: (1) For worsted wool fabric with average fiber diameters greater than 18.5 microns, the reduction in duty is limited to 2,500,000 square VerDate Aug<31>2005 13:23 Oct 21, 2005 Jkt 208001 meter equivalents or such other quantity proclaimed by the President; and (2) for worsted wool fabric with average fiber diameters of 18.5 microns or less, the reduction is limited to 1,500,000 square meter equivalents or such other quantity proclaimed by the President, respectively. The Act required that the TRQs be allocated. More specifically, the President must ensure that the TRQs are fairly allocated to persons (including firms, corporations, or other legal entities) who cut and sew men’s and boys’ worsted wool suits, suit-type jackets and trousers in the United States and who apply for an allocation based on the amount of such suits cut and sewn during the prior calendar year. The Act required that the President annually consider requests by U.S. manufacturers of certain worsted wool apparel to modify the limitation on the quantity of fabric that may be imported under the TRQs, and granted the President the authority to proclaim modifications to the limitations. In determining whether to modify the limitations, the President must consider specified U.S. market conditions with respect to worsted wool fabric and worsted wool apparel. In Presidential Proclamation 7383, of December 1, 2000, the President authorized the Secretary of Commerce: (1) To allocate the imports of worsted wool fabrics under the TRQs; (2) to annually consider requests from domestic manufacturers of worsted wool apparel to modify the limitation on the quantity of worsted wool fabrics that may be imported under the TRQs; (3) to determine whether the limitations on the quantity of imports of worsted wool fabrics under the TRQs should be modified and to recommend to the President that appropriate modifications be made; and (4) to issue regulations to implement relevant provisions of the Act. On December 3, 2004, the Act was amended pursuant to the Miscellaneous Trade Act of 2004, Public Law 108–429. The amendment altered the HTS categories of worsted wool eligible for the TRQs under the Act. Specifically, the amendment renumbered HTS heading 9902.51.12 to HTS heading 9902.51.15. The Miscellaneous Trade Act of 2004 also increased to 5 million square meters from 3.5 million square meters the TRQ for worsted wool fabrics with average fiber diameters of 18.5 microns or less (HTS 9902.51.15, previously numbered HTS 9902.51.12); and increased to 5.5 million square meters from 4.5 million square meters the TRQ for the worsted wool fabrics with average fiber diameters greater than 18.5 microns (9902.51.11). PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 61363 The amendment also authorized Commerce to allocate a new HTS category, HTS 9902.51.16. This HTS refers to worsted wool fabric with average fiber diameters of 18.5 microns or less. The amendment further specified that HTS 9902.51.16 is for worsted wool for the benefit of persons (including firms, corporations, or other legal entities) who weave worsted wool fabric in the United States. Finally, the Miscellaneous Trade Act of 2004, Public Law 108–429, repealed Commerce’s authorization to determine whether the limitations on the quantity of imports of worsted wool fabrics under the TRQs should be modified and to recommend to the President that appropriate modifications be made. On May 16, 2005, the International Trade Administration published an Interim Final Rule that implemented the new HTS categories and allocation system and that removed Commerce’s authorization to modify the limitation on the quantity of imports of worsted wool fabrics. The interim regulations were effective upon publication to allow TRQ recipients to import their products under the new HTS categories and allocation system. Public Comments While the interim regulations became effective on May 16, 2005, the Department of Commerce solicited comments on the interim regulations and expressed particular interest in comments concerning any impact the regulations might have on small or medium sized businesses. The public comment period closed on July 15, 2005. The Department did not receive any comments on the interim regulations. Action Being Taken by the Department of Commerce The Department of Commerce is adopting without change the interim final rule that became effective May 16, 2005. Title 15, Part 335 of the Code of Federal Regulations sets forth regulations regarding the issuance and effect of licenses for the allocation of worsted wool fabric under the tariff rate quotas established by Section 501 of the Act. Part 340 of the same title is removed. Classification Executive Order 12866 This rule has been determined to be not significant under Executive Order 12866 Paperwork Reduction Act This proposed rule contains a collection-of-information requirement E:\FR\FM\24OCR1.SGM 24OCR1 61364 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations subject to the Paperwork Reduction Act (PRA), which has received approval by OMB under control number 0625–0240. Notwithstanding any other provision of the 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 currently valid OMB Control Number. Dated: October 18, 2005. James C. Leonard III, Deputy Assistant Secretary for Textiles and Apparel. PART 335—IMPORTS OF WORSTED WOOL FABRICS AND PART 340— MODIFICATION OF THE TARIFF RATE QUOTA LIMITATION ON WORSTED WOOL FABRIC IMPORTS Accordingly, the interim rule that amends 15 CFR part 335 and removes 15 CFR part 340, which was published at 70 FR 25774 on May 16, 2005, is adopted as final rule without change. I [FR Doc. 05–21215 Filed 10–21–05; 8:45 am] BILLING CODE 3510–DS–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Regulations Nos. 4 and 16] RIN 0960–AG23 Deemed Duration of Marriage for Widows/Widowers and Removal of Restriction on Benefits to Children of Military Parents Overseas Social Security Administration. Final rules. AGENCY: ACTION: SUMMARY: We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their military parents reported for duty outside the United States. These regulations are effective October 24, 2005. DATES: VerDate Aug<31>2005 17:33 Oct 21, 2005 Jkt 208001 Electronic Version The electronic file of this document is available on the date of publication in the Federal Register at https:// www.gpoaccess.gov/fr/. It is also available on the Internet site for SSA (i.e., Social Security Online) at https://policy.ssa.gov/pnpublic.nsf/ LawsRegs. FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Insurance Specialist, Office of Regulations, Social Security Administration, 100 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965– 1758 or TTY (410) 966–5609. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213 or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background Prior to enactment of section 414 of the SSPA, Public Law 108–203, if an applicant for surviving spouse’s benefits did not meet the 9-month duration-ofmarriage requirement or alternative requirements, the 9-month requirement would be deemed to be met if: • The insured’s death was accidental; • The insured’s death occurred in the line of duty while he or she was a member of a uniformed service on active duty; or • The surviving spouse was previously married to the insured for at least 9 months, the previous marriage ended in divorce, and the surviving spouse had remarried the insured prior to the insured’s death. Section 414 of the SSPA amended sections 216(c) and (g) of the Act to add a new situation in which the 9-month duration-of-marriage requirement is deemed met. The requirement will be deemed met if: • The insured had been married prior to the marriage to the surviving spouse; • The prior spouse was institutionalized during the marriage to the insured, due to mental incompetence or similar incapacity; • We determine, based on satisfactory evidence, that during this institutionalization the insured would have divorced the prior spouse and married the surviving spouse but the divorce would have been unlawful in the State of the insured’s domicile because of the institutionalization; • The prior spouse remained institutionalized up until the time of his or her death; and PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 • The insured married the surviving spouse within 60 days after the prior spouse’s death. Prior to enactment of section 434 of the SSPA, section 1614(a)(1)(B)(ii) of the Act included within the definition of a blind or disabled individual, for purposes of SSI eligibility and payment under title XVI, a blind or disabled child who lived outside the United States if the child: • Was a citizen of the United States; • Was living with a parent and that parent was a member of the Armed Forces of the United States assigned to permanent duty ashore outside the United States; and • Was eligible for an SSI benefit for the month before the parent reported for such assignment. Section 434 of the SSPA amended section 1614(a)(1)(B)(ii) by eliminating the requirement that the child must have been eligible for an SSI benefit for the month before the parent reported for the military assignment. Explanation of Changes We are revising § 404.335 to extend title II benefits to a surviving spouse who would have met the duration-ofmarriage requirement to the insured, except that as determined based on evidence satisfactory to the Agency, it was unlawful under State law for the insured to divorce the prior spouse by reason of the prior spouse’s institutionalization because of mental incompetence or similar incapacity. The prior spouse must have been institutionalized during the marriage to the insured and remained institutionalized until the time of his or her death, and the insured must have married the surviving spouse within 60 days after the prior spouse’s death. We also are revising the last sentence of § 404.357 to update the reference to the revised paragraphs in § 404.335 and clarify that this new situation where the duration-of-marriage requirement is deemed to have been met does not apply to stepchildren. We are revising § 416.216 by amending paragraph (a) to include a definition of the regulatory term ‘‘overseas.’’ The amended paragraph (a) clarifies that by overseas we mean ‘‘outside the United States.’’ We are revising paragraph (a)(3) to substitute the newly defined term ‘‘overseas’’ for ‘‘outside the United States.’’ The relevant statutory section uses the term ‘‘outside the United States.’’ The regulation already uses ‘‘overseas’’ several times but text we are removing from the section includes the term ‘‘outside the United States.’’ We are removing paragraph (a)(4), which E:\FR\FM\24OCR1.SGM 24OCR1

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[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61363-61364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21215]



[[Page 61363]]

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DEPARTMENT OF COMMERCE

International Trade Administration

15 CFR Parts 335 and 340

[Docket No. 050406093-5259-02]
RIN 0625-AA67


Imports of Certain Worsted Wool Fabric: Implementation of Tariff 
Rate Quota Established Under Title V of the Trade and Development Act 
of 2000

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce publishes this final rule to adopt, 
without change, an interim final rule that implemented tariff rate 
quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to 
Title V of the Trade and Development Act of 2000 (``the Act'') as 
amended by the Trade Act of 2002 and the Miscellaneous Trade Act of 
2004, (Pub. L. 108-429). Section 501(e) of the Act requires the 
President to fairly allocate TRQs on the import of certain worsted wool 
fabric. Section 504(b) of the Act authorizes the President to modify 
the limitations on worsted wool fabric imports under TRQs. The 
President has delegated to the Secretary of Commerce the authority to 
allocate the quantity of imports under the TRQs (specifically for wool 
products under HTS headings, 9902.51.11 and 9902.51.12) and to 
determine whether the limitations on the quantity of imports under the 
TRQs should be modified. This rule is necessary to implement the 
amendment to the Act included in the Miscellaneous Trade Act of 2004, 
(Pub. L. 108-429), which specifies which HTS categories may be 
allocated as TRQs and which eliminates Commerce's authority to modify 
these quotas.

DATES: This final rule is effective October 24, 2005.

FOR FURTHER INFORMATION CONTACT: Sergio Botero, Office of Textiles and 
Apparel, U.S. Department of Commerce, (202) 482-4058.

SUPPLEMENTARY INFORMATION:

Background

    The Act created Harmonized Tariff Schedule of the United States 
(HTS) heading 9902.51.11 and HTS heading 9902.51.12, which establish 
two TRQs, providing for temporary reductions for three years in the 
import duties on two categories of worsted wool fabrics suitable for 
use in making suits, suit-type jackets, or trousers: (1) For worsted 
wool fabric with average fiber diameters greater than 18.5 microns, the 
reduction in duty is limited to 2,500,000 square meter equivalents or 
such other quantity proclaimed by the President; and (2) for worsted 
wool fabric with average fiber diameters of 18.5 microns or less, the 
reduction is limited to 1,500,000 square meter equivalents or such 
other quantity proclaimed by the President, respectively. The Act 
required that the TRQs be allocated. More specifically, the President 
must ensure that the TRQs are fairly allocated to persons (including 
firms, corporations, or other legal entities) who cut and sew men's and 
boys' worsted wool suits, suit-type jackets and trousers in the United 
States and who apply for an allocation based on the amount of such 
suits cut and sewn during the prior calendar year.
    The Act required that the President annually consider requests by 
U.S. manufacturers of certain worsted wool apparel to modify the 
limitation on the quantity of fabric that may be imported under the 
TRQs, and granted the President the authority to proclaim modifications 
to the limitations. In determining whether to modify the limitations, 
the President must consider specified U.S. market conditions with 
respect to worsted wool fabric and worsted wool apparel.
    In Presidential Proclamation 7383, of December 1, 2000, the 
President authorized the Secretary of Commerce: (1) To allocate the 
imports of worsted wool fabrics under the TRQs; (2) to annually 
consider requests from domestic manufacturers of worsted wool apparel 
to modify the limitation on the quantity of worsted wool fabrics that 
may be imported under the TRQs; (3) to determine whether the 
limitations on the quantity of imports of worsted wool fabrics under 
the TRQs should be modified and to recommend to the President that 
appropriate modifications be made; and (4) to issue regulations to 
implement relevant provisions of the Act.
    On December 3, 2004, the Act was amended pursuant to the 
Miscellaneous Trade Act of 2004, Public Law 108-429. The amendment 
altered the HTS categories of worsted wool eligible for the TRQs under 
the Act. Specifically, the amendment renumbered HTS heading 9902.51.12 
to HTS heading 9902.51.15. The Miscellaneous Trade Act of 2004 also 
increased to 5 million square meters from 3.5 million square meters the 
TRQ for worsted wool fabrics with average fiber diameters of 18.5 
microns or less (HTS 9902.51.15, previously numbered HTS 9902.51.12); 
and increased to 5.5 million square meters from 4.5 million square 
meters the TRQ for the worsted wool fabrics with average fiber 
diameters greater than 18.5 microns (9902.51.11).
    The amendment also authorized Commerce to allocate a new HTS 
category, HTS 9902.51.16. This HTS refers to worsted wool fabric with 
average fiber diameters of 18.5 microns or less. The amendment further 
specified that HTS 9902.51.16 is for worsted wool for the benefit of 
persons (including firms, corporations, or other legal entities) who 
weave worsted wool fabric in the United States.
    Finally, the Miscellaneous Trade Act of 2004, Public Law 108-429, 
repealed Commerce's authorization to determine whether the limitations 
on the quantity of imports of worsted wool fabrics under the TRQs 
should be modified and to recommend to the President that appropriate 
modifications be made.
    On May 16, 2005, the International Trade Administration published 
an Interim Final Rule that implemented the new HTS categories and 
allocation system and that removed Commerce's authorization to modify 
the limitation on the quantity of imports of worsted wool fabrics. The 
interim regulations were effective upon publication to allow TRQ 
recipients to import their products under the new HTS categories and 
allocation system.

Public Comments

    While the interim regulations became effective on May 16, 2005, the 
Department of Commerce solicited comments on the interim regulations 
and expressed particular interest in comments concerning any impact the 
regulations might have on small or medium sized businesses. The public 
comment period closed on July 15, 2005. The Department did not receive 
any comments on the interim regulations.

Action Being Taken by the Department of Commerce

    The Department of Commerce is adopting without change the interim 
final rule that became effective May 16, 2005. Title 15, Part 335 of 
the Code of Federal Regulations sets forth regulations regarding the 
issuance and effect of licenses for the allocation of worsted wool 
fabric under the tariff rate quotas established by Section 501 of the 
Act. Part 340 of the same title is removed.

Classification

Executive Order 12866

    This rule has been determined to be not significant under Executive 
Order 12866

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement

[[Page 61364]]

subject to the Paperwork Reduction Act (PRA), which has received 
approval by OMB under control number 0625-0240. Notwithstanding any 
other provision of the 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 currently valid OMB 
Control Number.

    Dated: October 18, 2005.
James C. Leonard III,
Deputy Assistant Secretary for Textiles and Apparel.

PART 335--IMPORTS OF WORSTED WOOL FABRICS AND PART 340--
MODIFICATION OF THE TARIFF RATE QUOTA LIMITATION ON WORSTED WOOL 
FABRIC IMPORTS

0
Accordingly, the interim rule that amends 15 CFR part 335 and removes 
15 CFR part 340, which was published at 70 FR 25774 on May 16, 2005, is 
adopted as final rule without change.

[FR Doc. 05-21215 Filed 10-21-05; 8:45 am]
BILLING CODE 3510-DS-P

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