Entry of Certain Cement Products From Mexico Requiring a Commerce Department Import License, 31125-31128 [E6-8500]
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
bizopNPR/ Web link. If this notice
appears at https://www.regulations.gov,
you may also file an electronic comment
through that Web site. The Commission
will consider all comments that
regulations.gov forwards to it. You may
also visit the FTC Web site at https://
www.ftc.gov/opa/2006/04/
newbizopprule.htm to read the Notice of
Proposed Rulemaking and the news
release describing this proposed Rule.
FOR FURTHER INFORMATION CONTACT:
Steven Toporoff, (202) 326–3135,
Division of Marketing Practices, Room
288, Bureau of Consumer Protection,
Federal Trade Commission, 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
SUPPLEMENTARY INFORMATION: On April
12, 2006, the Commission published a
Notice of Proposed Rulemaking in
connection with a Business Opportunity
Rule. In that Notice, the Commission
solicited comment on a variety of topics
including the proposed definitions, the
scope of the proposed Rule, and the
proposed disclosures and prohibitions.
The Notice stated that the period for
submitting initial comments would
close on June 16, 2006, and that the
period for submitting rebuttal comments
would close on July 7, 2006.
On May 5, 2006, the Commission
received a letter from the Direct Selling
Association (‘‘DSA’’) requesting that the
Commission extend the comment period
for 90 days. DSA asserts that the
proposed Rule ‘‘could have a dramatic
negative impact on the direct selling
community.’’ DSA, however, does not
identify any specific provision of the
proposed Rule that might have such an
effect, nor does it advance any other
facts from which the Commission can
assess DSA’s claim that, in effect, it
would need a total of five months to
formulate its comment. Without a more
detailed and persuasive explanation as
to why the petitioner needs so much
more time, the Commission is not
persuaded that such an extension is
justified in view of the need to avoid
unnecessary delay in this proceeding.
The Commission believes that a 30day extension should be sufficient to
enable DSA and all other commenters to
prepare and submit comments in
response to the proposed Rule.
Accordingly, the Commission has
determined to extend the comment
period set forth in the Notice until July
17, 2006, for initial comments and until
August 7, 2006, for rebuttal comments.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E6–8546 Filed 5–31–06; 8:45 am]
BILLING CODE 6750–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 366, 367, 368, 369 and
375
[Docket No. RM06–11–000]
Financial Accounting, Reporting and
Records Retention Requirements
Under the Public Utility Holding
Company Act of 2005
May 19, 2006.
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of Proposed Rulemaking:
Notice of Change in Date for Technical
Conference.
AGENCY:
SUMMARY: On April 21, 2006, the
Commission issued Notice of Proposed
Rulemaking in the above-docketed
proceeding concerning Financial
Accounting, Reporting and Records
Retention Requirements Under the
Public Utility Holding Company Act of
2005. (71 FR 28464 (2006). The
Commission is rescheduling the date of
the technical conference which is being
held pursuant to the directives of the
April 24, 2006, Notice of Proposed
Rulemaking.
31125
Commission staff in preparing a final
rule in this proceeding.
Interested persons wishing to
participate in the technical conference
are asked to notify Commission staff
electronically at https://www.ferc.gov/
whats-new/registration/usoa-06–21speaker-form.asp by June 15, 2006.
Prospective attendees and
participants are urged to watch for
further notices; a detailed agenda will
be issued in advance of the conference.
FERC conferences and meetings are
accessible under section 508 of the
Rehabilitation Act of 1973. For
accessibility accommodations please
send an e-mail to accessibility@ferc.gov
or call toll free (866) 208–3372 (voice)
or (202) 502–8659 (TTY), or send a fax
to (202) 208–2106 with the required
accommodations.
Questions about the conference
should be directed to: Julia A. Lake,
Office of the General Counsel—Energy
Markets and Reliability, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
(202) 502–8370. Julia.lake@ferc.gov.
Magalie R. Salas,
Secretary.
[FR Doc. 06–4999 Filed 5–31–06; 8:45 am]
BILLING CODE 6717–01–P
DATES:
The conference previously
scheduled for June 21, 2006 is
rescheduled for July 11, 2006.
DEPARTMENT OF HOMELAND
SECURITY
Julia
A. Lake, Office of the General Counsel—
Energy Markets and Reliability, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
(202) 502–8370. Julia.lake@ferc.gov.
SUPPLEMENTARY INFORMATION:
On April 21, 2006, the Federal Energy
Regulatory Commission (Commission)
announced a staff technical conference
in the above-referenced proceeding to be
held at the Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426 in the
Commission Meeting Room on June 21,
2006, from 9 a.m. until 4:30 p.m. EDT.
This conference has now been
rescheduled for July 11, 2006. All
interested persons are invited to attend.
There is no registration fee to attend.
The purpose of the conference
remains the same. It is to identify the
issues associated with the proposed
Uniform System of Accounts for
Centralized Service Companies, the
proposed records retention
requirements for holding companies and
service companies, and the revised
Form No. 60. The technical conference
will develop information for use by
Bureau of Customs and Border
Protection
FOR FURTHER INFORMATION CONTACT:
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DEPARTMENT OF THE TREASURY
19 CFR Part 12
[USCBP–2006–0020]
RIN 1505–AB68
Entry of Certain Cement Products
From Mexico Requiring a Commerce
Department Import License
Customs and Border Protection
(DHS); Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document proposes to
amend title 19 of the Code of Federal
Regulations to set forth special
requirements for the entry of certain
cement products from Mexico requiring
a United States Department of
Commerce import license. The cement
products in question are those listed in
the Agreement on Trade in Cement,
entered into between the Office of the
United States Trade Representative, the
United States Department of Commerce,
and Mexico’s Secretaria de Economia,
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on March 6, 2006. The changes
proposed in this document require an
importer to submit to Customs and
Border Protection (CBP) an import
license number on the entry summary
(CBP Form 7501), as well as a valid
Mexican export license with the entry
documentation, for any cement product
for which the United States Department
of Commerce requires an import license
under its cement licensing and import
monitoring program.
DATES: Comments must be received on
or before June 21, 2006.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2006–0020.
• Mail: Trade and Commercial
Regulations Branch, Office of
Regulations and Rulings, Bureau of
Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint
Annex), Washington, DC 20229.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Office of
Regulations and Rulings, Bureau of
Customs and Border Protection, 799 9th
Street, NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Mr. Joseph Clark at (202) 572–
8768.
FOR FURTHER INFORMATION CONTACT:
Alice Buchanan, Office of Field
Operations, Tel: (202) 344–2697.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the
proposed rule. Customs and Border
Protection (CBP) also invites comments
that relate to the economic,
environmental, or federalism effects that
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might result from this proposed rule.
Comments that will provide the most
assistance to CBP in developing these
procedures will reference a specific
portion of the proposed rule, explain the
reason for any recommended change,
and include data, information, or
authority that supports such
recommended change.
Background
I. Agreement on Trade in Cement
On March 6, 2006, the Office of the
United States Trade Representative
(USTR), the United States Department of
Commerce (Commerce), and the
Ministry of Economy of the United
Mexican States (Secretaria de Economia)
signed a bilateral Trade in Cement
Agreement (Agreement) concerning
trade in cement between the United
States and Mexico. The Agreement
applies only to cement from Mexico as
defined in Section I.L. of the Agreement.
A copy of the Agreement is available on
the Commerce Web site: https://
www.ia.ita.doc.gov/download/mexicocement/cement-final-agreement.pdf.
The Agreement calls for the
settlement or suspension of litigation in
multiple disputes before the North
American Free Trade Agreement
(NAFTA) and World Trade Organization
(WTO) panels, and for a compromise to
claims on antidumping duties currently
subject to administrative review. To
assist in rebuilding efforts in the Gulf
Coast, the Agreement also sets forth
geographical quantitative restrictions
whereby an annual 3 million metric ton
export limit is apportioned to eight
defined sub-regions of the United States.
Lastly, the Agreement requires the
creation of an Export Licensing Program
by Mexico and an Import Licensing
Program by Commerce to further enforce
these quantitative restrictions. The
Agreement is scheduled to expire on
March 31, 2009, provided that it has not
been terminated before that date. See
Section XI.A. of the Agreement.
II. Proposed Department of Commerce
Regulations
The International Trade
Administration of the Department of
Commerce has just published in the
Federal Register a proposed rule that
would establish a cement licensing and
import monitoring program as directed
under the terms of the Agreement.
Commerce’s proposed rule would
prescribe a web-based registration
system for cement importers by which
cement import licenses will be issued to
registered importers, customs brokers or
their agents through an automatic
cement import licensing system. Once
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registered, an importer or broker will
submit the required license application
information electronically to Commerce,
and the system will then automatically
issue a cement import license number
for inclusion on the entry summary
documentation filed with CBP.
Under the Commerce proposal, all
importers of Mexican cement covered
by the Agreement will be required to
obtain a cement import license and to
provide the license information (i.e., the
import license number) to CBP on the
entry summary (CBP Form 7501).
Similarly, importers will be required to
include the import license number on
the application for admission and/or
status designation into a Foreign Trade
Zone (FTZ) on CBP Form 214 at the
time of filing. Both the entry summary
and FTZ filings must be paper filings.
The proposed Commerce regulations
also would require importers of the
subject commodity to submit a valid
Mexican export license to CBP together
with the entry summary documentation.
A cement import license will be
required for every entry summary of
covered cement products. It is noted,
however, that a single import license
may cover multiple products so long as
the importer, exporter, manufacturer,
first unaffiliated customer, final
destination of the product, and country
of origin and exportation are the same
for all the merchandise. If any of the
above information differs with respect
to a given set of covered imported
cement products, a separate import
license will be required for that
merchandise. As a result, a single CBP
entry summary may require more than
one cement import license.
III. Proposed Amendments to Title 19 of
the Code of Federal Regulations
Primary responsibility for the cement
product import licensing and
monitoring rests with the Secretary of
Commerce. The Secretary of the
Treasury, through CBP, is responsible
for the promulgation and administration
of regulations regarding making entry of
the subject merchandise into the United
States. Accordingly, this document
proposes to amend title 19 of the Code
of Federal Regulations (19 CFR) to
provide an appropriate regulatory basis
for the collection of the required cement
trade data in accordance with the
proposed regulatory standards
promulgated by the Department of
Commerce.
The proposed changes to 19 CFR set
forth in this document consist of the
addition of a new § 12.155 (19 CFR
12.155) which requires the inclusion of
a cement import license number on the
entry summary (CBP Form 7501), and
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
amendment, which involves the
addition of only one data element to an
existing required CBP form, will have a
negligible impact on importer
operations. Accordingly, the proposed
amendment is not subject to the
regulatory analysis or other
requirements of 5 U.S.C. 603 and 604.
Further, these proposed amendments do
not meet the criteria for a ‘‘significant
regulatory action’’ as specified in E.O.
12866.
Comments
Submitted comments will be available
for public inspection in accordance with
the Freedom of Information Act (5
U.S.C. 552) and § 103.11(b) of title 19 of
the CFR (19 CFR 103.11(b)), on regular
business days between the hours of 9
a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch, Office
of Regulations and Rulings, Customs
and Border Protection, 799 9th St., NW.,
Washington, DC. Arrangements to
inspect submitted documents should be
made in advance by calling Mr. Joseph
Clark at (202) 572–8768.
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the submission of a valid Mexican
export license with the entry summary
documentation, in any case in which a
cement import license is required
pursuant to the terms set forth in 19
CFR 360.201(d). Additionally, all
shipments of covered Mexican cement
into a FTZ will require an import
license prior to the filing of the FTZ
admission documents. The license must
be reported on the application for FTZ
admission and/or status designation
(CBP Form 214) at the time of filing.
There is no requirement to present
physical copies of the import license
forms at the time of submitting the CBP
Forms 7501 or 214; however, parties
must maintain copies in accordance
with CBP’s applicable recordkeeping
requirements. In the case of the export
license, the original must be submitted
to CBP with the entry summary
documentation. For multiple shipments
at multiple ports, or multiple entries at
a single port, the original Mexican
export license must be presented to CBP
with the first entry summary and a copy
of the export license must be presented
with each subsequent entry summary.
The requirement to submit the import
license number to CBP on the CBP Form
7501 will go into effect when the final
rule adopting this proposal becomes
effective.
Failure to timely provide the required
cement import license number to CBP
will constitute a breach of the terms of
the importer’s bond under § 113.62 of
title 19 of the CFR (19 CFR 113.62) and
could give rise to a claim for liquidated
damages under the bond equal to the
value of the merchandise involved in
the default.
Proposed Amendment to the
Regulations
For the reasons stated above, it is
proposed to amend part 12 of title 19 of
the Code of Federal Regulations (19 CFR
part 12) as set forth below.
The Regulatory Flexibility Act and
Executive Order 12866
Pursuant to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.), it is certified that, if adopted,
the proposed amendment will not have
a significant economic impact on a
substantial number of small entities.
CBP believes that the proposed
*
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Paperwork Reduction Act
The collections of information in the
current regulations have already been
approved by the Office of Management
and Budget (OMB) in accordance with
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507) and assigned OMB
control number 1515–0065 (entry
summary and continuation sheet) and
OMB control number 1515–0086
(Application for foreign trade zone
admission and/or status designation).
This rule does not involve any material
change to the existing approved
information collection. An agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless the collection of
information displays a valid control
number assigned by OMB.
Signing Authority
This document is being issued in
accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 12
Bonds, Customs duties and
inspection, Entry of merchandise,
Imports, Prohibited merchandise,
Reporting and recordkeeping
requirements, Restricted merchandise.
PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The authority citation for part 12
continues to read in part as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)),
1624;
*
*
*
*
2. A new center heading and new
§ 12.155 are added to read as follows:
Mexican Cement Products
United States Department of Commerce
and Mexico’s Secretaria de Economia
entered into an ‘‘Agreement on Trade in
Cement’’ (Agreement). Pursuant to the
Agreement, the United States
Department of Commerce will
administer an import licensing system
that covers imports of Mexican cement
as defined in section I.L. of the
Agreement. The Secretary of the
Treasury, through the Bureau of
Customs and Border Protection (CBP), is
responsible for the promulgation and
administration of regulations regarding
making entry of the subject merchandise
into the United States. The Agreement
will terminate on March 31, 2009,
unless it has been terminated prior to
that date.
(b) Reporting the import license
number. For every entry of merchandise
for which a Mexican cement import
license is required to be obtained under
regulations promulgated by the U.S.
Department of Commerce, set forth at 19
CFR 360.201–205, the entry (unless
otherwise directed by CBP), must be a
paper filing, and the license number
must be included:
(1) On the entry summary (CBP Form
7501), at the time of filing, in the case
of merchandise entered or withdrawn
from warehouse for consumption, in the
custom territory of the United States; or
(2) On CBP Form 214, at the time of
filing under part 146 of this chapter, in
the case of merchandise admitted into a
foreign trade zone.
(c) Recordkeeping. There is no
requirement to present physical copies
of the import license to CBP at the time
of filing the CBP Form 7501 or CBP
Form 214; however copies must be
maintained in accordance with the
applicable recordkeeping provisions set
forth in the chapter.
(d) Export license information. Under
regulations promulgated by the U.S.
Department of Commerce, set forth at 19
CFR 360.201(d), importers of Mexican
cement must submit a valid Mexican
export license to CBP with the entry
summary documentation. For multiple
shipments at multiple ports, or multiple
entries at one port, the original physical
copy of the Mexican export license must
be submitted to CBP with the first entry
summary and a copy of the export
license must be presented with each
subsequent entry summary.
§ 12.155 Entry or admission of Mexican
cement products.
(a) In general. On March 6, 2006, the
United States Trade Representative,
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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules
(e) The provisions set forth in this
section are applicable for as long as the
Agreement remains in effect.
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and
Border Protection.
Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E6–8500 Filed 5–31–06; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–111578–06]
RIN 1545–BF56
Computer Software Under Section
199(c)(5)(B)
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations and notice of public hearing.
mstockstill on PROD1PC68 with PROPOSALS
AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations concerning the application
of section 199 of the Internal Revenue
Code, which provides a deduction for
income attributable to domestic
production activities, to certain
transactions involving computer
software. The text of those regulations
also serves as the text of these proposed
regulations. This document also
provides notice of a public hearing on
these proposed regulations.
DATES: Written or electronic comments
must be received by August 30, 2006.
Outlines of topics to be discussed at the
public hearing scheduled for Tuesday,
August 29, 2006, must be received by
August 8, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–111578–06), Room
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–111578–06),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the IRS Internet site
at https://www.irs.gov/regs or via the
Federal eRulemaking Portal at https://
www.regulations.gov (IRS–REG–
111578–06). The public hearing will be
held in the IRS Auditorium, Internal
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Revenue Building, 1111 Constitution
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Concerning the regulations, Paul
Handleman or Lauren Ross Taylor, (202)
622–3040; concerning submission of
comments, the hearing, and/or to be
placed on the building access list to
attend the hearing, Richard A. Hurst,
(202) 622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend the Income
Tax Regulations (26 CFR part 1) relating
to section 199. The temporary
regulations provide guidance under
section 199 for taxpayers providing
computer software to customers for the
customers’ direct use while connected
to the Internet. The text of those
regulations also serves as the text of
these proposed regulations. The
preamble to the temporary regulations
explains the amendments.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
rulemaking will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on their impact on small business.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS.
Comments are requested on all aspects
of the proposed regulations. In addition,
the IRS and Treasury Department
specifically request comments on the
clarity of the proposed rules and how
they can be made easier to understand.
All comments will be available for
public inspection and copying.
A public hearing has been scheduled
for Tuesday, August 29, 2006, at 10 a.m.
in the IRS Auditorium, Internal Revenue
Building, 1111 Constitution Avenue,
NW., Washington, DC. Due to building
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security procedures, visitors must enter
at the Constitution Avenue entrance. In
addition, all visitors must present photo
identification to enter the building.
Because of access restrictions, visitors
will not be admitted beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
preamble.
The rules of 26 CFR 601.601(a)(3)
apply to the hearing.
Persons who wish to present oral
comments at the hearing must submit
electronic or written comments and an
outline of the topics to be discussed and
the time to be devoted to each topic (a
signed original and eight (8) copies) by
August 8, 2006. A period of 10 minutes
will be allotted to each person for
making comments. An agenda showing
the scheduling of the speakers will be
prepared after the deadline for receiving
outlines has passed. Copies of the
agenda will be available free of charge
at the hearing.
Drafting Information
The principal authors of these
regulations are Paul Handleman and
Lauren Ross Taylor, Office of Associate
Chief Counsel (Passthroughs and
Special Industries), IRS. However, other
personnel from the IRS and Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.199–3 also issued under 26
U.S.C. 199(d). * * *
Section 1.199–8 also issued under 26
U.S.C. 199(d). * * *
Par. 2. Section 1.199–3 is amended to
read as follows:
§ 1.199–3
receipts.
Domestic production gross
[The text of the amendments to this
proposed section is the same as the text
of § 1.199–3T published elsewhere in
this issue of the Federal Register.]
Par. 3. Section 1.199–8 is amended to
read as follows:
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]]>Agencies
[Federal Register Volume 71, Number 105 (Thursday, June 1, 2006)]
[Proposed Rules]
[Pages 31125-31128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8500]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[USCBP-2006-0020]
RIN 1505-AB68
Entry of Certain Cement Products From Mexico Requiring a Commerce
Department Import License
AGENCY: Customs and Border Protection (DHS); Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend title 19 of the Code of
Federal Regulations to set forth special requirements for the entry of
certain cement products from Mexico requiring a United States
Department of Commerce import license. The cement products in question
are those listed in the Agreement on Trade in Cement, entered into
between the Office of the United States Trade Representative, the
United States Department of Commerce, and Mexico's Secretaria de
Economia,
[[Page 31126]]
on March 6, 2006. The changes proposed in this document require an
importer to submit to Customs and Border Protection (CBP) an import
license number on the entry summary (CBP Form 7501), as well as a valid
Mexican export license with the entry documentation, for any cement
product for which the United States Department of Commerce requires an
import license under its cement licensing and import monitoring
program.
DATES: Comments must be received on or before June 21, 2006.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2006-0020.
Mail: Trade and Commercial Regulations Branch, Office of
Regulations and Rulings, Bureau of Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Office of Regulations and Rulings, Bureau
of Customs and Border Protection, 799 9th Street, NW., 5th Floor,
Washington, DC. Arrangements to inspect submitted comments should be
made in advance by calling Mr. Joseph Clark at (202) 572-8768.
FOR FURTHER INFORMATION CONTACT: Alice Buchanan, Office of Field
Operations, Tel: (202) 344-2697.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. Customs and Border Protection (CBP) also invites
comments that relate to the economic, environmental, or federalism
effects that might result from this proposed rule. Comments that will
provide the most assistance to CBP in developing these procedures will
reference a specific portion of the proposed rule, explain the reason
for any recommended change, and include data, information, or authority
that supports such recommended change.
Background
I. Agreement on Trade in Cement
On March 6, 2006, the Office of the United States Trade
Representative (USTR), the United States Department of Commerce
(Commerce), and the Ministry of Economy of the United Mexican States
(Secretaria de Economia) signed a bilateral Trade in Cement Agreement
(Agreement) concerning trade in cement between the United States and
Mexico. The Agreement applies only to cement from Mexico as defined in
Section I.L. of the Agreement. A copy of the Agreement is available on
the Commerce Web site: https://www.ia.ita.doc.gov/download/mexico-
cement/cement-final-agreement.pdf.
The Agreement calls for the settlement or suspension of litigation
in multiple disputes before the North American Free Trade Agreement
(NAFTA) and World Trade Organization (WTO) panels, and for a compromise
to claims on antidumping duties currently subject to administrative
review. To assist in rebuilding efforts in the Gulf Coast, the
Agreement also sets forth geographical quantitative restrictions
whereby an annual 3 million metric ton export limit is apportioned to
eight defined sub-regions of the United States. Lastly, the Agreement
requires the creation of an Export Licensing Program by Mexico and an
Import Licensing Program by Commerce to further enforce these
quantitative restrictions. The Agreement is scheduled to expire on
March 31, 2009, provided that it has not been terminated before that
date. See Section XI.A. of the Agreement.
II. Proposed Department of Commerce Regulations
The International Trade Administration of the Department of
Commerce has just published in the Federal Register a proposed rule
that would establish a cement licensing and import monitoring program
as directed under the terms of the Agreement.
Commerce's proposed rule would prescribe a web-based registration
system for cement importers by which cement import licenses will be
issued to registered importers, customs brokers or their agents through
an automatic cement import licensing system. Once registered, an
importer or broker will submit the required license application
information electronically to Commerce, and the system will then
automatically issue a cement import license number for inclusion on the
entry summary documentation filed with CBP.
Under the Commerce proposal, all importers of Mexican cement
covered by the Agreement will be required to obtain a cement import
license and to provide the license information (i.e., the import
license number) to CBP on the entry summary (CBP Form 7501). Similarly,
importers will be required to include the import license number on the
application for admission and/or status designation into a Foreign
Trade Zone (FTZ) on CBP Form 214 at the time of filing. Both the entry
summary and FTZ filings must be paper filings. The proposed Commerce
regulations also would require importers of the subject commodity to
submit a valid Mexican export license to CBP together with the entry
summary documentation.
A cement import license will be required for every entry summary of
covered cement products. It is noted, however, that a single import
license may cover multiple products so long as the importer, exporter,
manufacturer, first unaffiliated customer, final destination of the
product, and country of origin and exportation are the same for all the
merchandise. If any of the above information differs with respect to a
given set of covered imported cement products, a separate import
license will be required for that merchandise. As a result, a single
CBP entry summary may require more than one cement import license.
III. Proposed Amendments to Title 19 of the Code of Federal Regulations
Primary responsibility for the cement product import licensing and
monitoring rests with the Secretary of Commerce. The Secretary of the
Treasury, through CBP, is responsible for the promulgation and
administration of regulations regarding making entry of the subject
merchandise into the United States. Accordingly, this document proposes
to amend title 19 of the Code of Federal Regulations (19 CFR) to
provide an appropriate regulatory basis for the collection of the
required cement trade data in accordance with the proposed regulatory
standards promulgated by the Department of Commerce.
The proposed changes to 19 CFR set forth in this document consist
of the addition of a new Sec. 12.155 (19 CFR 12.155) which requires
the inclusion of a cement import license number on the entry summary
(CBP Form 7501), and
[[Page 31127]]
the submission of a valid Mexican export license with the entry summary
documentation, in any case in which a cement import license is required
pursuant to the terms set forth in 19 CFR 360.201(d). Additionally, all
shipments of covered Mexican cement into a FTZ will require an import
license prior to the filing of the FTZ admission documents. The license
must be reported on the application for FTZ admission and/or status
designation (CBP Form 214) at the time of filing. There is no
requirement to present physical copies of the import license forms at
the time of submitting the CBP Forms 7501 or 214; however, parties must
maintain copies in accordance with CBP's applicable recordkeeping
requirements. In the case of the export license, the original must be
submitted to CBP with the entry summary documentation. For multiple
shipments at multiple ports, or multiple entries at a single port, the
original Mexican export license must be presented to CBP with the first
entry summary and a copy of the export license must be presented with
each subsequent entry summary.
The requirement to submit the import license number to CBP on the
CBP Form 7501 will go into effect when the final rule adopting this
proposal becomes effective.
Failure to timely provide the required cement import license number
to CBP will constitute a breach of the terms of the importer's bond
under Sec. 113.62 of title 19 of the CFR (19 CFR 113.62) and could
give rise to a claim for liquidated damages under the bond equal to the
value of the merchandise involved in the default.
Comments
Submitted comments will be available for public inspection in
accordance with the Freedom of Information Act (5 U.S.C. 552) and Sec.
103.11(b) of title 19 of the CFR (19 CFR 103.11(b)), on regular
business days between the hours of 9 a.m. and 4:30 p.m. at the Trade
and Commercial Regulations Branch, Office of Regulations and Rulings,
Customs and Border Protection, 799 9th St., NW., Washington, DC.
Arrangements to inspect submitted documents should be made in advance
by calling Mr. Joseph Clark at (202) 572-8768.
The Regulatory Flexibility Act and Executive Order 12866
Pursuant to the provisions of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), it is certified that, if adopted, the proposed
amendment will not have a significant economic impact on a substantial
number of small entities. CBP believes that the proposed amendment,
which involves the addition of only one data element to an existing
required CBP form, will have a negligible impact on importer
operations. Accordingly, the proposed amendment is not subject to the
regulatory analysis or other requirements of 5 U.S.C. 603 and 604.
Further, these proposed amendments do not meet the criteria for a
``significant regulatory action'' as specified in E.O. 12866.
Paperwork Reduction Act
The collections of information in the current regulations have
already been approved by the Office of Management and Budget (OMB) in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507)
and assigned OMB control number 1515-0065 (entry summary and
continuation sheet) and OMB control number 1515-0086 (Application for
foreign trade zone admission and/or status designation). This rule does
not involve any material change to the existing approved information
collection. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection of information displays a valid control number assigned by
OMB.
Signing Authority
This document is being issued in accordance with 19 CFR 0.1(a)(1).
List of Subjects in 19 CFR Part 12
Bonds, Customs duties and inspection, Entry of merchandise,
Imports, Prohibited merchandise, Reporting and recordkeeping
requirements, Restricted merchandise.
Proposed Amendment to the Regulations
For the reasons stated above, it is proposed to amend part 12 of
title 19 of the Code of Federal Regulations (19 CFR part 12) as set
forth below.
PART 12--SPECIAL CLASSES OF MERCHANDISE
1. The authority citation for part 12 continues to read in part as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
2. A new center heading and new Sec. 12.155 are added to read as
follows:
Mexican Cement Products
Sec. 12.155 Entry or admission of Mexican cement products.
(a) In general. On March 6, 2006, the United States Trade
Representative, United States Department of Commerce and Mexico's
Secretaria de Economia entered into an ``Agreement on Trade in Cement''
(Agreement). Pursuant to the Agreement, the United States Department of
Commerce will administer an import licensing system that covers imports
of Mexican cement as defined in section I.L. of the Agreement. The
Secretary of the Treasury, through the Bureau of Customs and Border
Protection (CBP), is responsible for the promulgation and
administration of regulations regarding making entry of the subject
merchandise into the United States. The Agreement will terminate on
March 31, 2009, unless it has been terminated prior to that date.
(b) Reporting the import license number. For every entry of
merchandise for which a Mexican cement import license is required to be
obtained under regulations promulgated by the U.S. Department of
Commerce, set forth at 19 CFR 360.201-205, the entry (unless otherwise
directed by CBP), must be a paper filing, and the license number must
be included:
(1) On the entry summary (CBP Form 7501), at the time of filing, in
the case of merchandise entered or withdrawn from warehouse for
consumption, in the custom territory of the United States; or
(2) On CBP Form 214, at the time of filing under part 146 of this
chapter, in the case of merchandise admitted into a foreign trade zone.
(c) Recordkeeping. There is no requirement to present physical
copies of the import license to CBP at the time of filing the CBP Form
7501 or CBP Form 214; however copies must be maintained in accordance
with the applicable recordkeeping provisions set forth in the chapter.
(d) Export license information. Under regulations promulgated by
the U.S. Department of Commerce, set forth at 19 CFR 360.201(d),
importers of Mexican cement must submit a valid Mexican export license
to CBP with the entry summary documentation. For multiple shipments at
multiple ports, or multiple entries at one port, the original physical
copy of the Mexican export license must be submitted to CBP with the
first entry summary and a copy of the export license must be presented
with each subsequent entry summary.
[[Page 31128]]
(e) The provisions set forth in this section are applicable for as
long as the Agreement remains in effect.
Deborah J. Spero,
Acting Commissioner, Bureau of Customs and Border Protection.
Approved: May 25, 2006.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E6-8500 Filed 5-31-06; 8:45 am]
BILLING CODE 9111-14-P
