Limitation of Duty-free Imports of Apparel Articles Assembled in Haiti Under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act (HOPE), 78215-78216 [2010-31518]

Download as PDF Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices 78215 LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE 11/11/2010 THROUGH 12/9/2010 Address Date accepted for investigation Fort McDowell Yavapai Materials. 17100 E. Shea Blvd., Ste 330, Fountain Hills, AZ 85268. 11/19/2010 PCS Edventures!.com, Inc. ...... 345 Bobwhite Ct #200, Boise, ID 83706. 12/8/2010 Stellar Recognition, Inc. dba Sports Awards and Pacesetter Awards. 5544 W. Armstrong Avenue, Chicago, IL 60646. 11/24/2010 The Woods Company, Inc. ....... 985 Superior Avenue, Chambersburg, PA 17201. 21–25 Grand Boulevard North, Brentwood, NY 11717. 11/5/2010 Firm name Thuro Metal Products, Inc. ....... Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 7106, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Dated: December 9, 2010. Bryan Borlik, Director, Trade Adjustment Assistance for Firms. [FR Doc. 2010–31444 Filed 12–14–10; 8:45 am] BILLING CODE 3510–24–P DEPARTMENT OF COMMERCE hsrobinson on DSK69SOYB1PROD with NOTICES International Trade Administration Limitation of Duty-free Imports of Apparel Articles Assembled in Haiti Under the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act (HOPE) Department of Commerce, International Trade Administration. AGENCY: Notification of Annual Quantitative Limit on Certain Apparel under HOPE. ACTION: VerDate Mar<15>2010 19:10 Dec 14, 2010 Jkt 223001 DATES: 11/18/2010 Products The firm produces concrete batch plants producing ready-mix concrete. A small number of concrete blocks are made as a by-product. Sand & gravel mine producing construction aggregates and USGA (golf course) sand. Granite pit producing crushed granite landscaping rock. The firm creates and manufacturers educational and scientific materials for use in the instruction of science, math and other educational lessons. These products consist of robotic instruction systems, micro-controllers and software, curriculum. The firm designs, manufactures and assembles awards, recognition items and promotional products such as trophies, plaques, glass and acrylic awards and various related promotional products. The firm uses reclaimed solid wood flooring and architectural products. The Firm is a manufacturer of custom engineered precision component parts including threaded shafts and assemblies. Effective Date: December 20, 2010. FOR FURTHER INFORMATION CONTACT: Maria Dybczak, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3651. SUPPLEMENTARY INFORMATION: Authority: The Caribbean Basin Recovery Act (‘‘CBERA’’), as amended by the Haitian Hemispheric Opportunity Through Partnership for Encouragement Act of 2006 (‘‘HOPE’’), Title V of the Tax Relief and Health Care Act of 2006 and the Food, Conservation, and Energy Act of 2008 (‘‘HOPE II’’); the Haiti Economic Lift Program Act of 2010 (‘‘HELP’’); and implemented by Presidential Proclamations No. 8114, 72 FR 13655, 13659 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines the requirements for certain apparel articles to qualify for duty-free treatment under a ‘‘value-added’’ program. In order to qualify for duty-free treatment, apparel articles must be wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components, components knit-to-shape, and yarns, as long as the sum of the cost or value of materials produced in Haiti or one or more countries, as described in HOPE, or any combination thereof, plus the direct costs of processing operations performed in Haiti or one or more countries, as described in HOPE, or any combination thereof, is not less than an applicable percentage of the declared customs value of such apparel articles. Pursuant to HELP, the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 applicable percentage for the period December 20, 2010 through December 19, 2011, is 50 percent or more. For every twelve month period following the effective date of HOPE, duty-free treatment under the valueadded program is subject to a quantitative limitation. HOPE provides that the quantitative limitation will be recalculated for each subsequent 12month period. Section 213A (b)(1)(C) of HOPE, as amended by HOPE II and HELP, requires that, for the twelvemonth period beginning on December 20, 2010, the quantitative limitation for qualifying apparel imported from Haiti under the value-added program will be an amount equivalent to 1.25 percent of the aggregate square meter equivalent of all apparel articles imported into the United States in the most recent 12month period for which data are available. The aggregate square meters equivalent of all apparel articles imported into the United States is derived from the set of Harmonized System lines listed in the Annex to the World Trade Organization Agreement on Textiles and Clothing (‘‘ATC’’), and the conversion factors for units of measure into square meter equivalents used by the United States in implementing the ATC. For purposes of this notice, the most recent 12-month period for which data are available as of December 20, 2010 is the 12-month period ending on October 31, 2010. Therefore, for the one-year period beginning on December 20, 2010 and extending through December 19, 2011, the quantity of imports eligible for preferential treatment under the valueadded program is 324,408,946 square E:\FR\FM\15DEN1.SGM 15DEN1 78216 Federal Register / Vol. 75, No. 240 / Wednesday, December 15, 2010 / Notices meters equivalent. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs. Dated: December 10, 2010. Sergio Botero, Acting Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. 2010–31518 Filed 12–14–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–805] Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. This administrative review covers mandatory respondents Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller) and Ternium Mexico, S.A. de C.V. (Ternium). Tuberia Nacional, S.A. de C.V. (TUNA) is subject to a concurrent changed circumstances review of this order; in its changed circumstances review, the Department has preliminarily determined that Lamina y Placa Comercial, S.A. de C.V. (Lamina) is the successor-in-interest to TUNA. See Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 75 FR 67685 (November 3, 2010). Therefore, we are continuing to refer to this entity as TUNA for these preliminary results, pending a final determination. The period of review (POR) is November 1, 2008, through October 31, 2009. We preliminarily determine that sales of subject merchandise have been made at less than normal value (NV). One of the companies, Ternium, refused to cooperate with the Department in this administrative review. We have calculated a dumping margin for Mueller. We preliminarily determine that TUNA had no reviewable sales, shipments, or entries during the POR. The Department’s review of import data supported TUNA’s claim (see ‘‘TUNA’s No-Shipment Claim’’ section of this notice for further explanation). hsrobinson on DSK69SOYB1PROD with NOTICES AGENCY: VerDate Mar<15>2010 19:10 Dec 14, 2010 Jkt 223001 Interested parties are invited to comment on these preliminary results. DATES: Effective Date: December 15, 2010. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–6312 or (202) 482– 0469, respectively. SUPPLEMENTARY INFORMATION: Background On November 2, 1992, the Department published the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. See Notice of Antidumping Duty Orders: Certain Circular Welded Non-Alloy Steel Pipe from Brazil, the Republic of Korea (Korea), Mexico, and Venezuela and Amendment to Final Determination of Sales at Less Than Fair Value: Certain Welded Non-Alloy Steel Pipe from Korea, 57 FR 49453 (November 2, 1992) (Antidumping Duty Order). On November 2, 2009, the Department published a notice of opportunity to request an administrative review in the Federal Register. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 74 FR 56573 (November 2, 2009). On November 30, 2009, the Department received requests for administrative review of Ternium (including its affiliates Hylsa, Ternium Grupo IMSA, and Galvak), TUNA, and Mueller from petitioners Allied Tube and Conduit Corp. (Allied) and TMK IPSCO; respondents Mueller and TUNA also submitted requests for administrative review on that day. On December 23, 2009, the Department published a Federal Register notice initiating an antidumping administrative review. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 74 FR 68229 (December 23, 2009). On December 28, 2009, TUNA withdrew its request for an administrative review. However, the Department did not terminate the review with regard to TUNA because petitioners had timely requested a review of TUNA. On January 6, 2010, the Department issued its antidumping questionnaire to Mueller, TUNA, and Ternium. On February 5, 2010, Ternium and TUNA notified the Department that they would not submit responses to the Department’s questionnaire; TUNA did so with a no-shipments claim. With PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 regard to TUNA’s no-shipments claim, on February 17, 2010, petitioners Allied and TMK IPSCO submitted comments; on August 4, 2010, they submitted further comments. On August 16, 2010, TUNA replied to the petitioner’s comments. On August 31, 2010, the Department issued a supplemental questionnaire to TUNA concerning its U.S. sales of mechanical tubing. On September 8, 2010, TUNA submitted its response to the supplemental questionnaire concerning mechanical tubing. With respect to sales data, on February 26, 2010, Mueller submitted its response to section A of the questionnaire; on March 19, 2010, Mueller submitted its sections B and C response to the questionnaire. On May 25, 2010, the Department issued its first supplemental section A, B, and C questionnaire to Mueller. On June 4, 2010, Mueller submitted its responses to the first supplemental section A, B, and C questionnaire. On June 24, 2010, Mueller submitted a clarification of its first supplemental section A questionnaire response. On June 17, 2010, the Department issued its second supplemental section A, B, and C questionnaire to Mueller. On July 14, 2010, Mueller submitted its response to the second supplemental section A questionnaire; on July 16, 2010, Mueller submitted its response to the second supplemental sections B and C questionnaire. On July 19, 2010, Mueller submitted corrections to its response to the second supplemental sections B and C questionnaire. On December 1, 2010, Mueller submitted revised home and U.S. market databases in response to the Department’s request made at the end of verification (see ‘‘Verification’’ section below). On April 8, 2010, petitioner U.S. Steel alleged that Mueller had made sales below the cost of production (COP) during the POR. On June 30, 2010, the Department required both TUNA and Ternium 1 to submit COP data. See the memorandum from Maryanne Burke to the file entitled ‘‘Administrative Review of Circular Welded Non-Alloy Steel Pipe from Mexico: Mueller Comercial de Mexico, S. de R.L. de C.V. and Southland Pipe Nipples Company, Inc.,’’ dated June 30, 2010. On July 13, 2010, the Department issued supplemental section D questionnaires to Ternium, TUNA, and Mueller. On August 20, 2010, Ternium, TUNA, and Mueller each submitted a response to the section 1 Though U.S. Steel’s April 8, 2010, allegation was directed at Mueller, we required Mueller to obtain and report COP information from TUNA and Ternium because these suppliers produced subject merchandise sold by Mueller. E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78215-78216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31518]


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

DEPARTMENT OF COMMERCE

International Trade Administration


Limitation of Duty-free Imports of Apparel Articles Assembled in 
Haiti Under the Haitian Hemispheric Opportunity Through Partnership for 
Encouragement Act (HOPE)

AGENCY: Department of Commerce, International Trade Administration.

ACTION: Notification of Annual Quantitative Limit on Certain Apparel 
under HOPE.

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

DATES: Effective Date: December 20, 2010.

FOR FURTHER INFORMATION CONTACT: Maria Dybczak, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3651.

SUPPLEMENTARY INFORMATION: 

    Authority: The Caribbean Basin Recovery Act (``CBERA''), as 
amended by the Haitian Hemispheric Opportunity Through Partnership 
for Encouragement Act of 2006 (``HOPE''), Title V of the Tax Relief 
and Health Care Act of 2006 and the Food, Conservation, and Energy 
Act of 2008 (``HOPE II''); the Haiti Economic Lift Program Act of 
2010 (``HELP''); and implemented by Presidential Proclamations No. 
8114, 72 FR 13655, 13659 (March 22, 2007), and No. 8596, 75 FR 68153 
(November 4, 2010).

    HOPE provides for duty-free treatment for certain apparel articles 
imported directly from Haiti. Section 213A(b)(1)(B) of HOPE outlines 
the requirements for certain apparel articles to qualify for duty-free 
treatment under a ``value-added'' program. In order to qualify for 
duty-free treatment, apparel articles must be wholly assembled, or 
knit-to-shape, in Haiti from any combination of fabrics, fabric 
components, components knit-to-shape, and yarns, as long as the sum of 
the cost or value of materials produced in Haiti or one or more 
countries, as described in HOPE, or any combination thereof, plus the 
direct costs of processing operations performed in Haiti or one or more 
countries, as described in HOPE, or any combination thereof, is not 
less than an applicable percentage of the declared customs value of 
such apparel articles. Pursuant to HELP, the applicable percentage for 
the period December 20, 2010 through December 19, 2011, is 50 percent 
or more.
    For every twelve month period following the effective date of HOPE, 
duty-free treatment under the value-added program is subject to a 
quantitative limitation. HOPE provides that the quantitative limitation 
will be recalculated for each subsequent 12-month period. Section 213A 
(b)(1)(C) of HOPE, as amended by HOPE II and HELP, requires that, for 
the twelve-month period beginning on December 20, 2010, the 
quantitative limitation for qualifying apparel imported from Haiti 
under the value-added program will be an amount equivalent to 1.25 
percent of the aggregate square meter equivalent of all apparel 
articles imported into the United States in the most recent 12-month 
period for which data are available. The aggregate square meters 
equivalent of all apparel articles imported into the United States is 
derived from the set of Harmonized System lines listed in the Annex to 
the World Trade Organization Agreement on Textiles and Clothing 
(``ATC''), and the conversion factors for units of measure into square 
meter equivalents used by the United States in implementing the ATC. 
For purposes of this notice, the most recent 12-month period for which 
data are available as of December 20, 2010 is the 12-month period 
ending on October 31, 2010.
    Therefore, for the one-year period beginning on December 20, 2010 
and extending through December 19, 2011, the quantity of imports 
eligible for preferential treatment under the value-added program is 
324,408,946 square

[[Page 78216]]

meters equivalent. Apparel articles entered in excess of these 
quantities will be subject to otherwise applicable tariffs.

    Dated: December 10, 2010.
Sergio Botero,
Acting Deputy Assistant Secretary for Textiles and Apparel.
[FR Doc. 2010-31518 Filed 12-14-10; 8:45 am]
BILLING CODE 3510-DS-P