Imports of Certain Cotton Shirting Fabric: Implementation of Tariff Rate Quota Established Under the Tax Relief and Health Care Act of 2006, 39585-39587 [E8-15754]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Rules and Regulations
Unsafe Condition
(d) This AD results from two known
occurrences of in-flight cabin door separation
(one total separation and one retained by the
door strut). We are issuing this AD to prevent
in-flight failure of the cabin door, which
could result in door separation from the
airplane.
Compliance
(e) Unless already done, within the next 50
hours time-in-service (TIS) after August 14,
2008 (the effective date of this AD) or within
180 days after August 14, 2008 (the effective
date of this AD), whichever occurs first,
following Cirrus Design Corporation Service
Bulletin SB 2X–52–07 R4, dated January 24,
2008, do one of the following:
(1) If threaded sleeve is installed at the
cabin door rod end, install cabin door rod
end Kit 70186–004.
(2) If threaded sleeve is not installed at the
cabin door rod end, install cabin door rod
end Kit 70186–005.
Alternative Methods of Compliance
(AMOCs)
(f) The Manager, Chicago Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. Send information to ATTN: Wess
Rouse, Aerospace Engineer, Chicago ACO,
2300 East Devon Avenue, Room 107, Des
Plaines, Illinois 60018; telephone: (847) 294–
8113; fax: (847) 294–7834. Before using any
approved AMOC on any airplane to which
the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking
a PI, your local FSDO.
mstockstill on PROD1PC66 with RULES
Related Information
(g) To get copies of the service information
referenced in this AD, contact Cirrus Design
Corporation, 4515 Taylor Circle, Duluth,
Minnesota 55811, telephone: (218) 788–3000.
To view the AD docket, go to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or on
the Internet at https://dms.dot.gov. The docket
number is Docket No. FAA–2007–28245;
Directorate Identifier 2007–CE–047–AD.
Material Incorporated by Reference
(h) You must use Cirrus Design
Corporation Service Bulletin SB 2X–52–07
R4, dated January 24, 2008, to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Cirrus Design Corporation,
4515 Taylor Circle, Duluth, Minnesota 55811;
telephone: (218) 727–2737; Internet address:
www.cirrusdesign.com.
(3) You may review copies at the FAA,
Central Region, Office of the Regional
Counsel, 901 Locust, Kansas City, Missouri
64106; or at the National Archives and
Records Administration (NARA). For
VerDate Aug<31>2005
16:54 Jul 09, 2008
Jkt 214001
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on July 1,
2008.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–15474 Filed 7–9–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 336
Docket No.: 070712324-8763-02
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: Final Rule.
AGENCY:
SUMMARY: The Department of Commerce
(‘‘the Department’’) publishes this final
rule to adopt, without change, an
interim final rule that implemented
tariff rate quotas (‘‘TRQ’’) for a limited
quantity of certain cotton shirting
fabrics pursuant to 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) of
the Act 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 final rule is effective July
10, 2008.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Laurie Mease, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
SUPPLEMENTARY INFORMATION:
A. Background
President Bush signed the Tax Relief
and Health Care Act of 2006 into law on
December 20, 2006 (Pub. L. 109-432).
Section 406(b)(1) of the Act authorizes
the Secretary of Commerce to issue
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
39585
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 boys’ 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.
On July 24, 2007, the Department
published an interim final rule that
established eligibility criteria and
application requirements to receive an
allocation under the TRQ. See Imports
of Certain Cotton Shirting Fabric:
Implementation of Tariff Rate Quota
Established Under the Tax Relief and
Health Care Act of 2006, 72 FR 40235
(July 24, 2007). The interim regulations
were effective upon publication to
prevent costs incurred by TRQ
recipients that would have, in effect,
nullified duty benefits, particularly for
those TRQ recipients who had small
shipments.
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. Commerce
anticipates publishing a Federal
Register Notice (FRN) each September
soliciting license applications for the
following calendar year. Applications
will be due within 30 days of the FRN’s
publication and licenses will be issued
to eligible manufacturers within 60 days
of the application deadline.
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
E:\FR\FM\10JYR1.SGM
10JYR1
mstockstill on PROD1PC66 with RULES
39586
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Rules and Regulations
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,
the tariff rate quota 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 boys’ 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
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 boys’
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.
§1001, persons making materially false
statements or representations, are
VerDate Aug<31>2005
16:54 Jul 09, 2008
Jkt 214001
subject to civil or criminal penalties,
respectively. All applications must be
notarized by a licensed public notary.
Any business confidential
information provided in an application
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) 482-0858 or by
mail to the Office of Textiles and
Apparel, Room 3001, United States
Department of Commerce, Washington,
D.C. 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
the amount of import approval are not
authorized.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Public Comments
While the interim regulations became
effective on July 24, 2007, 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 September
24, 2007. 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 July 24,
2007. Title 15, Part 336 of the Code of
Federal Regulations sets forth
regulations regarding the issuance and
effect of licenses for the allocation of
certain cotton shirting fabrics under the
tariff rate quotas established by Section
406 of the Act.
Classification
Executive Order 12866: This rule has
been determined to be not significant
under EO 12866.
Paperwork Reduction Act: These
regulations contain information
collection requirements subject to the
Paperwork Reduction Act (PRA). The
information collection requirements
have been approved by the Office of
Management and Budget (OMB) under
Control Number 0625-0260.
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
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,
E:\FR\FM\10JYR1.SGM
10JYR1
Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Rules and Regulations
Washington, DC, 20503 (Attention: ITA
Desk Officer).
Dated: July 3, 2008.
David Spooner,
Assistant Secretary for Import
Administration.
List of Subjects in 15 CFR Part 336
Imports, Quotas, Reporting and
Record-keeping, Tariffs, Textiles.
For reasons stated in the preamble, the
Interim Final Rule, which was
published on July 24, 2007 at 72 FR
40235, is adopted as final without
change.
[FR Doc. E8–15754 Filed 7–9–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 648
[Docket No. 070817467–8744–03]
RIN 0648–AV90
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Framework Adjustment 19;
Announcing OMB Approval of
Information Collection
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; effective date of OMB
control numbers.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) announces
that the Office of Management and
Budget (OMB) has approved the
following collection of information
pursuant to the Paperwork Reduction
Act of 1995: OMB 0648–0546,
‘‘Northeast Region Observer Providers
Requirements.’’ This rule publishes the
OMB control number for these
collections and makes effective the
collection-of-information requirements
published in a final rule to implement
measures included in Framework
Adjustment 19 (Framework 19) to the
Atlantic Sea Scallop Fishery
Management Plan (FMP).
DATES: This final rule is effective August
11, 2008. The amendments to 50 CFR
648.11(h)(5)(vii)(G) through (J), and the
collection-of-information requirements
published on May 29, 2008 (73 FR
30790), are effective August 11, 2008.
ADDRESSES: An environmental
assessment (EA) was prepared for
VerDate Aug<31>2005
16:54 Jul 09, 2008
Jkt 214001
Framework 19 that describes the action
and other alternatives considered, and
provides a thorough analysis of the
impacts of the measures and
alternatives. Copies of Framework 19,
the EA, and the Initial Regulatory
Flexibility Analysis (IRFA), are
available upon request from Paul J.
Howard, Executive Director, New
England Fishery Management Council
(Council), 50 Water Street,
Newburyport, MA 01950. The Final
Regulatory Flexibility Analysis (FRFA)
was published in the Classification
section of the final rule (73 FR 30790,
May 29, 2008). Copies of the FRFA are
available upon request from the
Regional Administrator at the address
listed in the next paragraph.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Regional
Administrator at 1 Blackburn Drive,
Gloucester, MA 01930 and by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen, Fishery Policy Analyst,
phone 978–281–9220; fax 978–281–
9135.
SUPPLEMENTARY INFORMATION: On May
29, 2008 (73 FR 30790), NMFS
published a final rule to implement
measures included in Framework
Adjustment 19 (Framework 19) to the
Atlantic Sea Scallop Fishery
Management Plan (FMP), which was
developed by the Council. Framework
19 included, in part, adjustments to the
industry-funded observer program for
the scallop fishery, which included a
collection of information associated
with regulations at 50 CFR
648.11(h)(5)(vii)(G) through (J). OMB’s
approval of NMFS PRA submission on
the collection of information did not
happen in time to publish their
determination with the final rule on
Framework 19.
The PRA and its implementing
regulations require Federal agencies to
display OMB control numbers and
inform respondents of their legal
significance after OMB has approved an
Agency’s information collection. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number, and no person is required to
respond to a collection of information
unless it displays a currently valid OMB
control number. In accordance with the
requirements of the PRA and its
implementing regulations, NMFS
notifies the public that the following
information collection has been
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
39587
approved by OMB following the
Agency’s submission of an information
collection request (ICR):
OMB Control Number: 0648–0546.
OMB Approval Date: 06/03/08.
Expiration Date: 06/30/2011.
Title: Northeast Region Observer
Providers Requirements.
This notice announces approval of the
information collection listed above,
publishes the OMB control number, and
announces the effectiveness of the
implementing regulations in 50 CFR
648.11(h)(5)(vii)(G) through (J).
Classification
NMFS determined that Framework 19
was necessary for the conservation and
management of the Atlantic sea scallop
fishery and was consistent with the
Magnuson-Stevens Act and other
applicable law. This rule announces
OMB approval of a collection of
information pursuant to the PRA and
the effectiveness of regulations that
were published in the final rule for
Framework 19 dated May 29, 2008.
Therefore, NMFS has also determined
that this rule is necessary for the
conservation and management of the
Atlantic sea scallop fishery and is
consistent with the Magnuson-Stevens
Act and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This rule contains a collection-ofinformation requirement subject to the
PRA. The collection of this information
was approved by OMB on June 3, 2008,
under OMB Control Number 0648–0546.
Public reporting burden for these
collections of information are estimated
to average as follows:
1. Service provider observer contact
information reports, OMB # 0648–
0546—5 min per response;
2. Service provider observer
availability reports, OMB # 0648–
0546—1 min per response;
3. Copies of service provider outreach
materials, OMB # 0648–0546—30 min
per response;
4. Copies of service provider
contracts, OMB # 0648–0546 —30 min
per response.
More detail on these collections of
information is available in the final rule
for Framework 19 (73 FR 30790, May
29, 2008) and on the following website
listing OMB approved PRA
submissions: https://www.cio.noaa.gov/
itmanagement/prasubs.html. Send
comments regarding these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
E:\FR\FM\10JYR1.SGM
10JYR1
]]>Agencies
[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Rules and Regulations]
[Pages 39585-39587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15754]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 336
Docket No.: 070712324-8763-02
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: Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce (``the Department'') publishes this
final rule to adopt, without change, an interim final rule that
implemented tariff rate quotas (``TRQ'') for a limited quantity of
certain cotton shirting fabrics pursuant to 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) of the Act 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 final rule is effective July 10, 2008.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Laurie Mease, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
SUPPLEMENTARY INFORMATION:
A. Background
President Bush signed the Tax Relief and Health Care Act of 2006
into law on December 20, 2006 (Pub. L. 109-432). Section 406(b)(1) of
the Act 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
boys' 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.
On July 24, 2007, the Department published an interim final rule
that established eligibility criteria and application requirements to
receive an allocation under the TRQ. See Imports of Certain Cotton
Shirting Fabric: Implementation of Tariff Rate Quota Established Under
the Tax Relief and Health Care Act of 2006, 72 FR 40235 (July 24,
2007). The interim regulations were effective upon publication to
prevent costs incurred by TRQ recipients that would have, in effect,
nullified duty benefits, particularly for those TRQ recipients who had
small shipments.
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. Commerce anticipates
publishing a Federal Register Notice (FRN) each September soliciting
license applications for the following calendar year. Applications will
be due within 30 days of the FRN's publication and licenses will be
issued to eligible manufacturers within 60 days of the application
deadline.
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
[[Page 39586]]
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, the tariff rate quota
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 boys' 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 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 boys' 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.
Sec. 3729 persons providing false or fraudulent claims, and pursuant to
18 U.S.C. Sec. 1001, persons making materially false statements or
representations, are subject to civil or criminal penalties,
respectively. All applications must be notarized by a licensed public
notary.
Any business confidential information provided in an application
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) 482-0858 or by mail to the Office of Textiles
and Apparel, Room 3001, United States Department of Commerce,
Washington, D.C. 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 the amount of import approval are not
authorized.
Public Comments
While the interim regulations became effective on July 24, 2007,
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 September 24, 2007. 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 July 24, 2007. Title 15, Part 336 of
the Code of Federal Regulations sets forth regulations regarding the
issuance and effect of licenses for the allocation of certain cotton
shirting fabrics under the tariff rate quotas established by Section
406 of the Act.
Classification
Executive Order 12866: This rule has been determined to be not
significant under EO 12866.
Paperwork Reduction Act: These regulations contain information
collection requirements subject to the Paperwork Reduction Act (PRA).
The information collection requirements have been approved by the
Office of Management and Budget (OMB) under Control Number 0625-0260.
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 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,
[[Page 39587]]
Washington, DC, 20503 (Attention: ITA Desk Officer).
Dated: July 3, 2008.
David Spooner,
Assistant Secretary for Import Administration.
List of Subjects in 15 CFR Part 336
Imports, Quotas, Reporting and Record-keeping, Tariffs, Textiles.
For reasons stated in the preamble, the Interim Final Rule, which was
published on July 24, 2007 at 72 FR 40235, is adopted as final without
change.
[FR Doc. E8-15754 Filed 7-9-08; 8:45 am]
BILLING CODE 3510-DS-S
