Imports of Certain Apparel Articles: Interim Procedures for the Implementation of the Earned Import Allowance Program Established Under the Andean Trade Preference Act of 2008, 3563-3566 [E9-1215]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
published for the most recent period; (3)
for all PRC exporters of subject
merchandise, which have not been
found to be entitled to a separate rate,
the cash–deposit rate will be the PRC–
wide rate of 70.71 percent; and (4) for
all non–PRC exporters of subject
merchandise that have not received
their own rate, the cash–deposit rate
will be the rate applicable to the PRC
exporter that supplied that non–PRC
exporter. These deposit requirements
shall remain in effect until further
notice.
Notification to Interested Parties
Comment 3B: Whether to Revoke Order
in Part While the Circumvention Inquiry
is Pending
[FR Doc. E9–1106 Filed 1–16–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–808]
Stainless Steel Plate in Coils from
Belgium: Notice of Extension of Time
Limit for Preliminary Results of
Administrative Review
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the review period. Pursuant to 19
CFR 351.402(f)(3), failure to comply
with this requirement could result in
the Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO as explained in
the administrative protective order
itself. Timely written notification of the
return/destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice of the final results of this
administrative review is issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act.
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 21, 2009.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or George McMahon at (202)
482–1168 and (202) 482–1167,
respectively; AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230.
Dated: January 12, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretaryfor Import
Administration.
Extension of Time Limits for
Preliminary Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
order or finding for which a review is
requested. Section 751(a)(3)(A) of the
Act further states that if it is not
practicable to complete the review
within the time period specified, the
administering authority may extend the
245–day period to issue its preliminary
results by up to 120 days.
We determine that completion of the
preliminary results of this review within
the 245-day period is not practicable for
the following reasons. This review
requires the Department to gather and
Appendix
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List of Comments and Issues in the
Issues and Decision Memorandum
Comment 1: Use of the Appropriate
Financial Statements for Calculation of
Surrogate Financial Ratios
Comment 2: Use of Market Economy
Purchase Prices for Certain New–Tec
Factors of Production
Comment 3A: Likelihood of Future
Dumping as a Result of Raw Material
Price Increases if the Order is Revoked,
in Part
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18:54 Jan 16, 2009
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Background
On July 1, 2008, the Department of
Commerce (the ‘‘Department’’) initiated
an administrative review of the
antidumping duty order on stainless
steel plate in coils from Belgium with
respect to Ugine & ALZ Belgium (‘‘U&A
Belgium’’). See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, Request for
Revocation in Part and Deferral of
Administrative Review, 73 FR 37409
(July 1, 2008). The period of review
(POR) is May 1, 2007 through April 30,
2008. The preliminary results of this
review are currently due no later than
January 31, 2009.
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analyze a significant amount of
information pertaining to the company’s
sales practices, manufacturing costs and
corporate relationships, which is
complicated due to recent changes in its
corporate structure. Furthermore, the
company subject to this review recently
converted its accounting system, which
resulted in a request for additional time
to submit its questionnaire response to
the Department. Given the number and
complexity of issues in this case, and in
accordance with section 751(a)(3)(A) of
the Act, we are extending the time
period for issuing the preliminary
results of review by 120 days. Therefore,
the preliminary results are now due no
later than June 1, 2009. The final results
continue to be due 120 days after
publication of the preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i)(1) of the Act.
Dated: January 13, 2009.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Antidumping
and Countervailing Duty Operations.
[FR Doc. E9–1114 Filed 1–16–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Imports of Certain Apparel Articles:
Interim Procedures for the
Implementation of the Earned Import
Allowance Program Established Under
the Andean Trade Preference Act of
2008
AGENCY: Department of Commerce,
International Trade Administration.
ACTION: Interim Procedures, Request for
Comments
SUMMARY: The Department of Commerce
is issuing interim procedures
implementing provisions under the
Andean Trade Preference Act of 2008
(‘‘the Act’’), enacted in its entirety by
Congress on October 3, 2008. Section 2
of the Act contains amendments to Title
IV of the Dominican Republic-Central
America-United States Free Trade
Agreement Implementation Act (Public
Law 109-53; 119 Stat. 495). Under
Section 2 of the Act, Title IV of the
Dominican Republic-Central AmericaUnited States Free Trade Agreement
Implementation Act is amended by
adding Section 404 of the Act creating
a benefit for eligible apparel articles
wholly assembled in the Dominican
Republic that meet the requirements for
a ‘‘2 for 1’’ earned import allowance.
The amendment requires the Secretary
of Commerce to establish a program to
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provide earned import allowance
certificates to any producer or entity
controlling production of eligible
apparel articles in the Dominican
Republic, such that apparel wholly
assembled in the Dominican Republic
from fabric or yarns, regardless of their
source, and imported directly from the
Dominican Republic may enter the
United States duty-free, pursuant to the
satisfaction of the terms governing
issuance of the earned import allowance
certificate by the producer or entity
controlling production of eligible
apparel articles in the Dominican
Republic.
DATES: These interim procedures are
effective as of December 1, 2008.
Although these procedures are not
subject to the requirement to provide
prior notice and opportunity for public
comment under 5 U.S.C. 553(b)(A)
(‘‘Administrative Procedures Act’’),
Commerce will consider written
comments received by 5:00 p.m. on
March 23, 2009.
ADDRESSES: Comments should be
addressed to: Janet Heinzen, Acting
Deputy Assistant Secretary for Textiles
and Apparel, Room 3001, United States
Department of Commerce, Washington,
D.C. 20230.
FOR FURTHER INFORMATION CONTACT:
Robert Carrigg, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-2573.
SUPPLEMENTARY INFORMATION:
BACKGROUND:
The Department of Commerce is
issuing interim procedures
implementing Section 2 of the Act,
which was enacted in its entirety by
Congress on October 3, 2008. Section 2
of the Act contains amendments
creating a benefit for apparel from the
Dominican Republic in Title IV of the
Dominican Republic-Central AmericaUnited States Free Trade Agreement
Implementation Act (Public Law 109-53;
119 Stat. 495). These amendments are
also cited as the Earned Import
Allowance Program.
Under Section 404 of the Dominican
Republic-Central America-United States
Free Trade Agreement Implementation
Act, Title IV is amended by creating an
uncapped benefit for eligible apparel
articles wholly assembled in the
Dominican Republic that meet the
requirements for a ‘‘2 for 1’’ earned
import allowance. The Act requires that
the Secretary of Commerce establish an
Earned Import Allowance program
under Section Title IV such that eligible
apparel articles wholly assembled in the
Dominican Republic from fabrics or
yarns and imported directly from the
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Dominican Republic shall enter the
United States free of duty, without
regard to the source of the fabrics (not
including denim), fabric components, or
yarns from which the articles are made,
if such apparel articles are accompanied
by an earned import allowance
certificate (‘‘certificate’’) that reflects the
amount of credits equal to the total
square meter equivalent (‘‘SME‘‘) of
such apparel articles, in accordance
with the program outlined below. The
Secretary of Commerce has delegated
his authority under the Act to
implement and administer the Earned
Import Allowance Program to the
International Trade Administration’s
Office of Textiles and Apparel
(‘‘OTEXA’’).
This notice sets forth the interim
procedures OTEXA will follow in
implementing the provisions of the
Earned Import Allowance Program. In
accordance with these procedures,
OTEXA will issue certificates to
qualifying apparel producers to
accompany imports of eligible apparel
articles wholly formed in the Dominican
Republic and exported from the
Dominican Republic. Such certificates
will be issued as long as there is a
sufficient balance of SMEs available as
a result of the purchase of qualifying
woven fabrics, as defined below,
intended for production of apparel in
the Dominican Republic. OTEXA,
promptly upon promulgation of these
interim procedures, intends to begin the
process of opening and administering
qualifying apparel producers’ accounts
to issue certificates as appropriate.
These procedures may be modified in
the future to address concerns that may
arise as OTEXA gains experience in
implementing them. Pursuant to the
Secretary’s delegation of authority,
OTEXA may reconsider, and/or
subsequently amend any determination
to deposit credits or request to issue
certificates that may have been procured
by error, fraud, or similar faults.
Interim Procedures:
1. Introduction: OTEXA will issue a
certificate to any producer or entity
controlling production in the
Dominican Republic (‘‘qualifying
apparel producer’’) based on the
following elements: (1) One SME credit
shall be issued to a qualifying apparel
producer for every two SMEs of
qualifying woven fabric that the
qualifying apparel producer can
demonstrate that it purchased for the
manufacture in the Dominican Republic
of eligible apparel articles wholly
assembled in the Dominican Republic.
SME quantities are to be calculated by
the use of the appropriate conversion
factor, defined below. OTEXA shall, as
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requested by a qualifying apparel
producer, create and maintain an
account for such qualifying apparel
producer, into which such credits shall
be deposited. (2) Such qualifying
apparel producer may redeem credits
for certificates reflecting such number of
credits as the qualifying apparel
producer may request and has available.
Requests for deposits of credits for
purchases of qualifying woven fabrics as
well as redemption of said credits for
earned import allowance certificates
will be made through a dedicated online system, known as the Dominican
Republic 2 for 1 Earned Import
Allowance Online System (‘‘DR 2 for 1
online system’’).
2. Definitions:
a. The Act: The Andean Trade
Preference Act of 2008.
b. Conversion Factor: Conversion factors
listed in ‘‘Correlation: U.S. Textile and
Apparel Industry Category System with
the Harmonized Tariff Schedule of the
United States of America, 2008,’’ or its
successor publications, of the United
States Department of Commerce.
c. Imported Directly from the
Dominican Republic: Articles are
‘‘imported directly from the Dominican
Republic’’ if (1) the articles are shipped directly from
the Dominican Republic into the
United States without passing into
the territory of any intermediate
country; or
(2) the articles are shipped from the
Dominican Republic into the
United States through the territory
of an intermediate country, and (A) the articles in the shipment do not
enter into the commerce of any
intermediate country, and the
invoices, bills of lading, and other
shipping documents specify the
United States as the final
destination; or
(B) the invoices and other documents do
not specify the United States as the
final destination, but the articles in
the shipment (i) remain under the control of the
customs authority in the
intermediate country;
(ii) do not enter into the commerce of
the intermediate country except for
the purpose of a sale other than at
retail; and
(iii) have not been subjected to
operations in the intermediate
country other than loading,
unloading, or other activities
necessary to preserve the articles in
good condition.
d. Qualifying Apparel Producer: An
individual, corporation, partnership,
association, or other entity or group that
exercises direct, daily operational
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control over the apparel production
process in the Dominican Republic; or
an individual, corporation, partnership,
association or other entity that is not a
producer and that controls the apparel
production process in the Dominican
Republic through a contractual
relationship or other indirect means.
e. Qualifying Woven Fabric: For the
purposes of these procedures, the term
‘‘qualifying woven fabric’’ means woven
fabric of cotton, wholly formed in the
United States from yarns wholly formed
in the United States and certified by the
producer or entity controlling
production as being suitable for use in
the manufacture of apparel items such
as trousers, bib and brace overalls,
breeches and shorts, skirts and divided
skirts or pants, all the foregoing of
cotton, purchased on or after August 1,
2007, expressly for production of
apparel in the Dominican Republic,
except that:
(1) fabric otherwise eligible as qualifying
woven fabric shall not be ineligible
asqualifying woven fabric because
the fabric contains nylon filament
yarn to which Section
213(b)(2)(A)(vii)(IV) of the
Caribbean Basin Economic
Recovery Act (‘‘CBERA’’) applies;
(2) fabric that would otherwise be
ineligible as qualifying woven
fabric because thefabric contains
yarns not wholly formed in the
United States shall not be ineligible
as qualifying woven fabric if the
total weight of all such yarns is not
more than 10 percent of the total
weight of the fabric, except that any
elastomeric yarn contained in an
eligible article must be wholly
formed in the United States; and
(3) fabric otherwise eligible as qualifying
fabric shall not be ineligible as
qualifying fabric because the fabric
contains yarns or fibers that have
been designated as not
commercially available pursuant to(a) article 3.25(4) or Annex 3.25 of the
Agreement;
(b) Annex 401 of the North American
Free Trade Agreement;
(c) section 112(b)(5) of the African
Growth and Opportunity Act;
(d) section 204(b)(3)(B)(i)(III) or (ii) of
the Andean Trade Preference Act;
(e) section 213(b)(2)(A)(v) or
213A(b)(5)(A) of the Caribbean
Basin Economic Recovery Act; or
(f). any other provision, relating to
determining whether a textile or
apparel article is an originating
good eligible for preferential
treatment, of a law that implements
a free trade agreement entered into
by the United States that is in effect
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at the time the claim for preferential
treatment is made.
f. Qualifying Apparel Articles: the term
‘eligible apparel articles’ means the
following articles classified in chapter
62 of the Harmonized Tariff System of
the United States (and meeting the
requirements of the rules relating to
chapter 62 of the HTS contained in
general note 29(n) of the HTS) of cotton
(but not of denim): trousers, bib and
brace overalls, breeches and shorts,
skirts and divided skirts, and pants.
g. Wholly Assembled: A good is ‘‘wholly
assembled’’ in the Dominican Republic
if all its components, of which there
must be at least two, pre-existed in
essentially the same condition as found
in the finished good and were combined
to form the finished good in the
Dominican Republic. Minor attachments
and minor embellishments (for example,
´
appliques, beads, spangles, embroidery,
and buttons) not appreciably affecting
the identity of the good, and minor
subassemblies (for example, cuffs,
plackets, and pockets), shall not affect
the determination of whether a good is
‘‘wholly assembled’’ in the Dominican
Republic.
3. Submitting a Request to Open an
Account: A qualifying apparel producer,
as defined in section 2(d) of these
procedures, may request that OTEXA
open an account to which records of
purchases of qualifying woven fabric, as
defined in section 2(e) of these
procedures may be deposited toward a
balance from which to draw certificates.
Such request should be made online, via
the DR 2 for 1 online system, located on
the OTEXA website. In making a request
to open an account, the qualifying
apparel producer must provide:
a. The full name and address of the
qualifying apparel producer;
b. All designated contacts and contact
information, and any designees
authorized to have access to the
account; and
c. A statement affirming the accuracy
and authenticity of the information
submitted to OTEXA.
Once the application has been
received by the DR 2 for 1 online system
and reviewed and approved by OTEXA,
the qualifying apparel producer will be
assigned a unique user identification
number, and a password to enable
future access to its online account. The
qualifying apparel producer may request
to update contact and designee
information in its account at any time
through the DR 2 for 1 online system.
4. Submitting a Request to Deposit
Credits. A qualifying apparel producer
with an existing account may submit a
request to deposit credits for purchases
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of qualifying woven fabric. The request
must contain the following information:
a. The name of the qualifying apparel
producer;
b. A complete description of the
qualifying woven fabric;
c. The quantity, in SMEs, of the
qualifying woven fabric;
d. A statement that the qualifying woven
fabric is intended for the production of
eligible apparel articles in the
Dominican Republic; and
e. Supporting documentation:
documentation, which, in their totality
includes:
(1) the U.S. manufacturer of the
qualifying woven fabric;
(2) the full description of the fabric in
question, including any non-U.S.
components or inputs and their
manufacturer;
(3) the name of the qualifying apparel
producer as the ultimate consignee;
and
(4) that the fabric purchased is intended
for production of eligible apparel
articles in the Dominican Republic.
f. An affirmation from the qualifying
apparel producer as to the accuracy and
authenticity of the information
provided.
The request must be submitted via the
DR 2 for 1 online system. All supporting
documentation must be submitted either
electronically via the DR 2 for 1 online
system, or via fax to 202-482-0858 or
202-482-0667. OTEXA will review the
request and supporting documentation
and shall make a determination whether
to approve or deny the request to
deposit credits. Should there be
insufficient information with which to
make a determination, OTEXA may
request additional information from the
qualifying apparel producer, the
manufacturer of the fabric at issue, or
any other entity identified in supporting
documentation, as provided by section
6.
5. Submitting a Request for an Earned
Income Allowance Certificate. A
qualifying apparel producer may request
the issuance of a certificate via the DR
2 for 1 online system. The qualifying
apparel producer must log on to the DR
2 for 1 online system to access its
account, and submit a request to redeem
credits and be issued a certificate. As
long as there are sufficient credits
available, a certificate will be
automatically generated by the DR 2 for
1 online system, and the credits will be
automatically withdrawn from the
qualifying apparel producer’s account. If
there are insufficient credits in the
qualifying apparel producer’s account,
the request for a certificate will
automatically be denied by the DR 2 for
1 online system.
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6. Verification of Submitted
Information. OTEXA may, at any time,
verify the information submitted by a
qualifying apparel producer or its
designee. OTEXA may require any
textile mill or other entity located in the
United States that exports to the
Dominican Republic qualifying woven
fabric, upon such export or upon
request, documentation to OTEXA: (a)
verifying that the qualifying woven
fabric was exported to a producer in the
Dominican Republic or to an entity
controlling production; and (b)
identifying such producer or entity
controlling production, and the quantity
and description of qualifying woven
fabric exported to such producer or
entity controlling production. OTEXA
may also require that a producer or
entity controlling production submit
documentation to verify purchases of
qualifying woven fabric. OTEXA may
make available to each person or entity
identified in documentation submitted
under these provisions information
contained in the documentation that
relates to the purchase of qualifying
woven fabric involving such person or
entity. OTEXA may establish and
impose penalties for the submission to
OTEXA of fraudulent information under
this program, other than a claim under
the customs laws of the United States or
under title 18, United States Code.
7. Contact Information: Questions
regarding the Earned Import Allowance
program or the DR 2 for 1 online system
may contact OTEXA via email at
OTEXAlDR2for1@mail.doc.gov, or by
phone to the Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482-3400.
Dated: January 15, 2009.
R. Matthew Priest,
Deputy Assistant Secretary for Textiles and
Apparel.
[FR Doc. E9–1215 Filed 1–15–09; 4:15 pm]
BILLING CODE 3510–DS
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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Endangered and Threatened Species;
Recovery Plan
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability.
SUMMARY: The National Marine
Fisheries Service (NMFS) announces the
availability of the recovery plan for the
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The final plan is provided
on NMFS’ Protected Resources Internet
Web site at: https://www.nmfs.noaa.gov/
pr/recovery/plans.htm.
Requests for a copy of the recovery
plan may be submitted to the
Smalltooth Sawfish Plan Coordinator at:
NMFS, Southeast Regional Office,
Protected Resources Division, 263 13th
Avenue South, St. Petersburg, Florida,
33701.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Shelley Norton at (727) 824–5312, or by
e-mail at shelley.norton@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Congress passed the ESA (16 U.S.C.
1531 et seq.) to protect species of plants
and animals in danger of extinction.
NMFS and the U.S. Fish and Wildlife
Service (FWS) share responsibility for
the administration of the ESA. NMFS is
responsible for most endangered and
threatened marine species, including
the U.S. DPS of smalltooth sawfish
(Pristis pectinata). Listed endangered or
threatened species under NMFS
jurisdiction are identified in 50 CFR
224.101(a) and 50 CFR 223.102,
respectively. The List of Endangered
and Threatened Species, which contains
species under the jurisdiction of both
agencies, is provided in 50 CFR
17.11(h). The U.S. DPS of smalltooth
sawfish is listed as endangered.
Section 4(f)(1) of the ESA requires
that recovery plans be developed and
implemented for the conservation and
survival of endangered and threatened
species, unless such plans would not
promote the conservation of the species.
A plan was prepared at the request of
the Assistant Administrator for
Fisheries to promote the recovery of
smalltooth sawfish.
Summary of Comments Received
RIN 0648–XM75
VerDate Nov<24>2008
U.S. Distinct Population Segment (DPS)
of smalltooth sawfish (Pristis pectinata)
as required by the Endangered Species
Act of 1973 (ESA).
Below we address the comments
received pertaining to the Draft
Smalltooth Sawfish Recovery Plan
(Plan) published August 28, 2006. In
response to our request for public
comments, we received over 6,000
written responses to the Plan. The
majority of the responses expressed
general support for the Plan. Five
commenting agencies and 3 scientific
peer reviewers provided more specific
comments. Responses to specific
comments are provided below.
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Peer Review Comments
Comment 1: A commenter suggested
the use of circle hooks for recreational
fishers as a means to reduce bycatch.
Additionally, another commenter stated
that studies on post-release mortality
should be a higher priority.
Response: Action 1.1.5 recommends
investigating fishing devices such as
circle hooks that may reduce the
capture, injury, and mortality of
smalltooth sawfish in recreational
fisheries. NMFS agrees with the
commenter who stated we should make
studies on post-release mortality a
higher priority. NMFS changed the
priority numbers of Action 1.1.3 from a
priority 2 to a priority 1 because new
data on related species indicates the use
of circle hooks may decrease postrelease mortality.
Comment 2: A commenter noted the
need to develop systematic sampling
programs. Additionally, a commenter
stated NMFS should plan for long-term
monitoring and tagging of animals.
Response: Action Items 3.2 and 3.4
identify the need for surveys and NMFS
is currently developing the specific
sampling design programs to
accomplish our recovery goals. The Plan
also plans for long-term monitoring
(Action 3.2.4) and tagging (Action 3.1.2)
of animals to monitor the recovery
process.
Comment 3: A commenter suggested
allowing additional permits for nondirected research to allow tagging of and
release of captured animals.
Response: Researchers working
within the range of smalltooth sawfish
and with gears that may incidentally
capture the species can apply for an
ESA permit to tag smalltooth sawfish.
Researchers who are required to obtain
an ESA permit for work on other
federally endangered or threatened
species may request authorization from
NMFS to tag incidentally caught
smalltooth sawfish.
Comment 4: A commenter stated that
NMFS needs to have a long-term
commitment to surveying and tagging
smalltooth sawfish.
Response: The Plan looks forward 100
years and includes actions and
budgeting requirements for the
implementation of all Action Items,
including surveying and tagging of
smalltooth sawfish.
Comment 5: A commenter questioned
the ability to detect increases in catch
per unit effort (CPUE) data for the
abundance criterion for juveniles in
Objective 3.
Response: NMFS is currently
developing randomized, stratified
survey methodologies that will detect
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]]>Agencies
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3563-3566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1215]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Imports of Certain Apparel Articles: Interim Procedures for the
Implementation of the Earned Import Allowance Program Established Under
the Andean Trade Preference Act of 2008
AGENCY: Department of Commerce, International Trade Administration.
ACTION: Interim Procedures, Request for Comments
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce is issuing interim procedures
implementing provisions under the Andean Trade Preference Act of 2008
(``the Act''), enacted in its entirety by Congress on October 3, 2008.
Section 2 of the Act contains amendments to Title IV of the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act (Public Law 109-53; 119 Stat. 495). Under Section 2
of the Act, Title IV of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act is amended by adding
Section 404 of the Act creating a benefit for eligible apparel articles
wholly assembled in the Dominican Republic that meet the requirements
for a ``2 for 1'' earned import allowance. The amendment requires the
Secretary of Commerce to establish a program to
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provide earned import allowance certificates to any producer or entity
controlling production of eligible apparel articles in the Dominican
Republic, such that apparel wholly assembled in the Dominican Republic
from fabric or yarns, regardless of their source, and imported directly
from the Dominican Republic may enter the United States duty-free,
pursuant to the satisfaction of the terms governing issuance of the
earned import allowance certificate by the producer or entity
controlling production of eligible apparel articles in the Dominican
Republic.
DATES: These interim procedures are effective as of December 1, 2008.
Although these procedures are not subject to the requirement to provide
prior notice and opportunity for public comment under 5 U.S.C.
553(b)(A) (``Administrative Procedures Act''), Commerce will consider
written comments received by 5:00 p.m. on March 23, 2009.
ADDRESSES: Comments should be addressed to: Janet Heinzen, Acting
Deputy Assistant Secretary for Textiles and Apparel, Room 3001, United
States Department of Commerce, Washington, D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Robert Carrigg, Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-2573.
SUPPLEMENTARY INFORMATION:
BACKGROUND:
The Department of Commerce is issuing interim procedures
implementing Section 2 of the Act, which was enacted in its entirety by
Congress on October 3, 2008. Section 2 of the Act contains amendments
creating a benefit for apparel from the Dominican Republic in Title IV
of the Dominican Republic-Central America-United States Free Trade
Agreement Implementation Act (Public Law 109-53; 119 Stat. 495). These
amendments are also cited as the Earned Import Allowance Program.
Under Section 404 of the Dominican Republic-Central America-United
States Free Trade Agreement Implementation Act, Title IV is amended by
creating an uncapped benefit for eligible apparel articles wholly
assembled in the Dominican Republic that meet the requirements for a
``2 for 1'' earned import allowance. The Act requires that the
Secretary of Commerce establish an Earned Import Allowance program
under Section Title IV such that eligible apparel articles wholly
assembled in the Dominican Republic from fabrics or yarns and imported
directly from the Dominican Republic shall enter the United States free
of duty, without regard to the source of the fabrics (not including
denim), fabric components, or yarns from which the articles are made,
if such apparel articles are accompanied by an earned import allowance
certificate (``certificate'') that reflects the amount of credits equal
to the total square meter equivalent (``SME``) of such apparel
articles, in accordance with the program outlined below. The Secretary
of Commerce has delegated his authority under the Act to implement and
administer the Earned Import Allowance Program to the International
Trade Administration's Office of Textiles and Apparel (``OTEXA'').
This notice sets forth the interim procedures OTEXA will follow in
implementing the provisions of the Earned Import Allowance Program. In
accordance with these procedures, OTEXA will issue certificates to
qualifying apparel producers to accompany imports of eligible apparel
articles wholly formed in the Dominican Republic and exported from the
Dominican Republic. Such certificates will be issued as long as there
is a sufficient balance of SMEs available as a result of the purchase
of qualifying woven fabrics, as defined below, intended for production
of apparel in the Dominican Republic. OTEXA, promptly upon promulgation
of these interim procedures, intends to begin the process of opening
and administering qualifying apparel producers' accounts to issue
certificates as appropriate.
These procedures may be modified in the future to address concerns
that may arise as OTEXA gains experience in implementing them. Pursuant
to the Secretary's delegation of authority, OTEXA may reconsider, and/
or subsequently amend any determination to deposit credits or request
to issue certificates that may have been procured by error, fraud, or
similar faults.
Interim Procedures:
1. Introduction: OTEXA will issue a certificate to any producer or
entity controlling production in the Dominican Republic (``qualifying
apparel producer'') based on the following elements: (1) One SME credit
shall be issued to a qualifying apparel producer for every two SMEs of
qualifying woven fabric that the qualifying apparel producer can
demonstrate that it purchased for the manufacture in the Dominican
Republic of eligible apparel articles wholly assembled in the Dominican
Republic. SME quantities are to be calculated by the use of the
appropriate conversion factor, defined below. OTEXA shall, as requested
by a qualifying apparel producer, create and maintain an account for
such qualifying apparel producer, into which such credits shall be
deposited. (2) Such qualifying apparel producer may redeem credits for
certificates reflecting such number of credits as the qualifying
apparel producer may request and has available. Requests for deposits
of credits for purchases of qualifying woven fabrics as well as
redemption of said credits for earned import allowance certificates
will be made through a dedicated on-line system, known as the Dominican
Republic 2 for 1 Earned Import Allowance Online System (``DR 2 for 1
online system'').
2. Definitions:
a. The Act: The Andean Trade Preference Act of 2008.
b. Conversion Factor: Conversion factors listed in ``Correlation: U.S.
Textile and Apparel Industry Category System with the Harmonized Tariff
Schedule of the United States of America, 2008,'' or its successor
publications, of the United States Department of Commerce.
c. Imported Directly from the Dominican Republic: Articles are
``imported directly from the Dominican Republic'' if -
(1) the articles are shipped directly from the Dominican Republic into
the United States without passing into the territory of any
intermediate country; or
(2) the articles are shipped from the Dominican Republic into the
United States through the territory of an intermediate country, and -
(A) the articles in the shipment do not enter into the commerce of any
intermediate country, and the invoices, bills of lading, and other
shipping documents specify the United States as the final destination;
or
(B) the invoices and other documents do not specify the United States
as the final destination, but the articles in the shipment -
(i) remain under the control of the customs authority in the
intermediate country;
(ii) do not enter into the commerce of the intermediate country
except for the purpose of a sale other than at retail; and
(iii) have not been subjected to operations in the intermediate
country other than loading, unloading, or other activities necessary to
preserve the articles in good condition.
d. Qualifying Apparel Producer: An individual, corporation,
partnership, association, or other entity or group that exercises
direct, daily operational
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control over the apparel production process in the Dominican Republic;
or an individual, corporation, partnership, association or other entity
that is not a producer and that controls the apparel production process
in the Dominican Republic through a contractual relationship or other
indirect means.
e. Qualifying Woven Fabric: For the purposes of these procedures, the
term ``qualifying woven fabric'' means woven fabric of cotton, wholly
formed in the United States from yarns wholly formed in the United
States and certified by the producer or entity controlling production
as being suitable for use in the manufacture of apparel items such as
trousers, bib and brace overalls, breeches and shorts, skirts and
divided skirts or pants, all the foregoing of cotton, purchased on or
after August 1, 2007, expressly for production of apparel in the
Dominican Republic, except that:
(1) fabric otherwise eligible as qualifying woven fabric shall not be
ineligible asqualifying woven fabric because the fabric contains nylon
filament yarn to which Section 213(b)(2)(A)(vii)(IV) of the Caribbean
Basin Economic Recovery Act (``CBERA'') applies;
(2) fabric that would otherwise be ineligible as qualifying woven
fabric because thefabric contains yarns not wholly formed in the United
States shall not be ineligible as qualifying woven fabric if the total
weight of all such yarns is not more than 10 percent of the total
weight of the fabric, except that any elastomeric yarn contained in an
eligible article must be wholly formed in the United States; and
(3) fabric otherwise eligible as qualifying fabric shall not be
ineligible as qualifying fabric because the fabric contains yarns or
fibers that have been designated as not commercially available pursuant
to--
(a) article 3.25(4) or Annex 3.25 of the Agreement;
(b) Annex 401 of the North American Free Trade Agreement;
(c) section 112(b)(5) of the African Growth and Opportunity Act;
(d) section 204(b)(3)(B)(i)(III) or (ii) of the Andean Trade Preference
Act;
(e) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the Caribbean Basin
Economic Recovery Act; or
(f). any other provision, relating to determining whether a textile or
apparel article is an originating good eligible for preferential
treatment, of a law that implements a free trade agreement entered into
by the United States that is in effect at the time the claim for
preferential treatment is made.
f. Qualifying Apparel Articles: the term `eligible apparel articles'
means the following articles classified in chapter 62 of the Harmonized
Tariff System of the United States (and meeting the requirements of the
rules relating to chapter 62 of the HTS contained in general note 29(n)
of the HTS) of cotton (but not of denim): trousers, bib and brace
overalls, breeches and shorts, skirts and divided skirts, and pants.
g. Wholly Assembled: A good is ``wholly assembled'' in the Dominican
Republic if all its components, of which there must be at least two,
pre-existed in essentially the same condition as found in the finished
good and were combined to form the finished good in the Dominican
Republic. Minor attachments and minor embellishments (for example,
appliqu[eacute]s, beads, spangles, embroidery, and buttons) not
appreciably affecting the identity of the good, and minor subassemblies
(for example, cuffs, plackets, and pockets), shall not affect the
determination of whether a good is ``wholly assembled'' in the
Dominican Republic.
3. Submitting a Request to Open an Account: A qualifying apparel
producer, as defined in section 2(d) of these procedures, may request
that OTEXA open an account to which records of purchases of qualifying
woven fabric, as defined in section 2(e) of these procedures may be
deposited toward a balance from which to draw certificates. Such
request should be made online, via the DR 2 for 1 online system,
located on the OTEXA website. In making a request to open an account,
the qualifying apparel producer must provide:
a. The full name and address of the qualifying apparel producer;
b. All designated contacts and contact information, and any designees
authorized to have access to the account; and
c. A statement affirming the accuracy and authenticity of the
information submitted to OTEXA.
Once the application has been received by the DR 2 for 1 online
system and reviewed and approved by OTEXA, the qualifying apparel
producer will be assigned a unique user identification number, and a
password to enable future access to its online account. The qualifying
apparel producer may request to update contact and designee information
in its account at any time through the DR 2 for 1 online system.
4. Submitting a Request to Deposit Credits. A qualifying apparel
producer with an existing account may submit a request to deposit
credits for purchases of qualifying woven fabric. The request must
contain the following information:
a. The name of the qualifying apparel producer;
b. A complete description of the qualifying woven fabric;
c. The quantity, in SMEs, of the qualifying woven fabric;
d. A statement that the qualifying woven fabric is intended for the
production of eligible apparel articles in the Dominican Republic; and
e. Supporting documentation: documentation, which, in their totality
includes:
(1) the U.S. manufacturer of the qualifying woven fabric;
(2) the full description of the fabric in question, including any non-
U.S. components or inputs and their manufacturer;
(3) the name of the qualifying apparel producer as the ultimate
consignee; and
(4) that the fabric purchased is intended for production of eligible
apparel articles in the Dominican Republic.
f. An affirmation from the qualifying apparel producer as to the
accuracy and authenticity of the information provided.
The request must be submitted via the DR 2 for 1 online system. All
supporting documentation must be submitted either electronically via
the DR 2 for 1 online system, or via fax to 202-482-0858 or 202-482-
0667. OTEXA will review the request and supporting documentation and
shall make a determination whether to approve or deny the request to
deposit credits. Should there be insufficient information with which to
make a determination, OTEXA may request additional information from the
qualifying apparel producer, the manufacturer of the fabric at issue,
or any other entity identified in supporting documentation, as provided
by section 6.
5. Submitting a Request for an Earned Income Allowance Certificate. A
qualifying apparel producer may request the issuance of a certificate
via the DR 2 for 1 online system. The qualifying apparel producer must
log on to the DR 2 for 1 online system to access its account, and
submit a request to redeem credits and be issued a certificate. As long
as there are sufficient credits available, a certificate will be
automatically generated by the DR 2 for 1 online system, and the
credits will be automatically withdrawn from the qualifying apparel
producer's account. If there are insufficient credits in the qualifying
apparel producer's account, the request for a certificate will
automatically be denied by the DR 2 for 1 online system.
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6. Verification of Submitted Information. OTEXA may, at any time,
verify the information submitted by a qualifying apparel producer or
its designee. OTEXA may require any textile mill or other entity
located in the United States that exports to the Dominican Republic
qualifying woven fabric, upon such export or upon request,
documentation to OTEXA: (a) verifying that the qualifying woven fabric
was exported to a producer in the Dominican Republic or to an entity
controlling production; and (b) identifying such producer or entity
controlling production, and the quantity and description of qualifying
woven fabric exported to such producer or entity controlling
production. OTEXA may also require that a producer or entity
controlling production submit documentation to verify purchases of
qualifying woven fabric. OTEXA may make available to each person or
entity identified in documentation submitted under these provisions
information contained in the documentation that relates to the purchase
of qualifying woven fabric involving such person or entity. OTEXA may
establish and impose penalties for the submission to OTEXA of
fraudulent information under this program, other than a claim under the
customs laws of the United States or under title 18, United States
Code.
7. Contact Information: Questions regarding the Earned Import Allowance
program or the DR 2 for 1 online system may contact OTEXA via email at
OTEXA_DR2for1@mail.doc.gov, or by phone to the Office of Textiles and
Apparel, U.S. Department of Commerce, (202) 482-3400.
Dated: January 15, 2009.
R. Matthew Priest,
Deputy Assistant Secretary for Textiles and Apparel.
[FR Doc. E9-1215 Filed 1-15-09; 4:15 pm]
BILLING CODE 3510-DS
