[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Proposed Rules]
[Page 35846-35847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-29]
[[Page 35846]]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 358
[Docket No. 060602144-6144-01]
RIN 0625-AA71
Procedures for Importation of Supplies for Use in Emergency
Relief Work
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of Commerce (``the Department'') proposes to
establish procedures for importation of supplies for use in emergency
relief work free of antidumping or countervailing duties, as authorized
under section 318(a) of the Tariff Act of 1930, as amended (``the
Act'') (19 U.S.C. 1318(a)). Such supplies would be for use in emergency
relief work related to an emergency declared by the President.
DATES: To be assured of consideration, written comments must be
received not later than July 24, 2006.
ADDRESSES: A signed original and two copies of each set of comments,
including reasons for any recommendation, should be submitted to David
M. Spooner, Assistant Secretary for Import Administration, Central
Records Unit, Room 1870, U.S. Department of Commerce, 1401 Constitution
Avenue, NW., Washington, DC 20230; attention: Proposed Procedures for
Importation of Supplies for Use in Emergency Relief Work. Any comments
on the collection-of-information requirements also should be submitted
to OMB at The Office of Information and Regulatory Affairs, OMB,
Washington, DC 20503, attention: ITA Desk Officer.
FOR FURTHER INFORMATION CONTACT: Stacy J. Ettinger, Office of the Chief
Counsel for Import Administration, Room 3622, U.S. Department of
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230;
telephone: (202)482-4618.
SUPPLEMENTARY INFORMATION:
Background
Section 318(a) of the Act (19 U.S.C. 1318(a)) gives the Secretary
of the Treasury authority, on a temporary basis, to respond immediately
where the President declares the existence of an emergency.
Specifically, the Secretary may ``permit * * * the importation free of
duty of * * * supplies for use in emergency relief work.'' This
authority, insofar as it encompasses antidumping and countervailing
duties, was delegated to the Secretary of Commerce in 1979, pursuant to
Reorg. Plan No. 3 of 1979.\1\ Consistent with the Reorg. Plan, we have
proposed this rule in consultation with the Department of Treasury. The
proposed rule, if adopted, would establish procedures for importation
of supplies for use in emergency relief work free of antidumping or
countervailing duties, as authorized under section 318(a) of the Act.
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\1\ All functions of the Secretary of Treasury under this
provision, with respect to the AD/CVD functions, were transferred to
Commerce pursuant to Reorg. Plan No. 3 of 1979, to be exercised in
consultation with the Secretary of the Treasury. Reorg. Plan No. 3
is set out as notes under 19 U.S.C.A. Sec. 2171. Authority under
section 318 of the Act was transferred to Commerce under section
5(a)(1)(E) of the Reorg. Plan.
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Explanation of Proposed Rule
Section 358.101
Section 358.101 sets forth the scope of Part 358, procedures for
importation of supplies for use in emergency relief work free of
antidumping or countervailing duties, as authorized under section
318(a) of the Act.
Section 358.102
Section 358.102 sets forth the definition of terms that are used in
part 358.
Section 358.103
Section 358.103 sets forth the procedures for importation of
supplies for use in emergency relief work free of antidumping or
countervailing duties.
Where the President, acting under section 318 of the Act,
authorizes the Secretary to permit the importation of supplies for use
in emergency relief work , the Secretary will consider a request for
importation free of antidumping or countervailing duties under the
conditions set forth in paragraph (a). Paragraph (a)(1) requires that a
request be in writing, identifies persons that may submit a request,
indicates the number of copies required for filing, and states that a
request must be filed with the Department's Central Records Unit.
Paragraph (a)(2) identifies the information required to be provided in
a request.
Paragraph (b) provides that if the Secretary determines to permit
importation of particular merchandise free of antidumping or
countervailing duties, the Secretary will notify the person who
submitted the request and instruct Customs to allow entry of the
merchandise without regard to antidumping or countervailing duties.
Paragraph (c) indicates possible penalties where merchandise
entered for use in emergency relief work is used in the United States
for some other purpose. The merchandise may be subject to seizure or
other penalty, including under section 592 of the Act (19 U.S.C. 1592).
Paragraph (d) clarifies that, although merchandise entered for use
in emergency relief work is subject to Department reporting
requirements in antidumping or countervailing administrative reviews,
such merchandise will be excluded from the calculation of assessment
and cash deposit rates.
Classification
E.O. 12866
This proposed rule has been determined to be not significant under
E.O. 12866.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for a failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act unless that collection of information
displays a currently valid Office of Management and Budget (OMB)
control number. This proposed rule involves collection-of-information
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35. These requirements have been sent to OMB for approval. The public
reporting burden for this collection of information is estimated at 10
total burden hours. This time is an estimate of the time required to
complete a request for importation, review instructions, search
existing data sources, gather and maintain the data needed, and
complete and review the collection of information. Send comments on the
reporting burden estimate or any other aspect of the information
requirements in this proposed rule to David M. Spooner, Assistant
Secretary for Import Administration, Central Records Unit, room 1870,
U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington,
DC 20230, attention: Proposed Procedures for Importation of Supplies
for Use in Emergency Relief Work; and to OMB at The Office of
Information and Regulatory Affairs, OMB, Washington, DC 20503,
attention: ITA Desk Officer.
E.O. 12612
This proposed rule does not contain federalism implications
warranting the preparation of a Federalism Assessment.
[[Page 35847]]
Regulatory Flexibility Act
The Chief Counsel for Regulation at the Department certified to the
Chief Counsel for Advocacy, Small Business Administration that this
rule, if promulgated, would not have a significant economic impact on a
substantial number of small entities.
The Department proposes to establish procedures for importation of
supplies free of antidumping or countervailing duties if those supplies
are to be used in emergency relief work, as authorized under section
318(a) of the Tariff Act of 1930, as amended (``the Act'') (19 U.S.C.
1318(a)). Section 318(a) of the Act gives the Secretary of the Treasury
authority, on a temporary basis, to respond immediately where the
President declares the existence of an emergency. Specifically, the
Secretary may ``permit * * * the importation free of duty of * * *
supplies for use in emergency relief work.'' This authority, insofar as
it encompasses antidumping and countervailing duties, was delegated to
the Secretary of Commerce in 1979. Section 318(a) of the Act authorizes
the Secretary to take action ``under such regulations as the Secretary
may prescribe.'' This proposed action prescribes such regulations. This
proposed action only addresses the procedures for importation of
supplies for emergency relief work free of antidumping and
countervailing duties.
The Department is unable to estimate the number of small entities
that will be affected by this rule as the Department does not collect
this information; nor is the Department able to predict the types of
entities that would apply for importation of supplies for use in
emergency relief work free of antidumping or countervailing duties.
However, there is the possibility that this rule would impact some
number of small entities. Although the number of small entities that
may impacted is unknown, this rule would not impose a significant
economic impact. This rule merely sets up the process persons would use
to request importation of supplies for use in emergency relief work
free of antidumping or countervailing duties. The exemption of certain
goods from liability for antidumping or countervailing duties will not
result in a significant economic impact because the exempted goods
would be gifts contributed to, or goods sold for, the specific purpose
of providing emergency relief. Because the purpose of these provisions
is targeted specifically for emergency relief and not for mass
consumption, this rule would not have a significant economic impact on
a substantial number of small entities.
List of Subjects in 19 CFR Part 358
Administrative practice and procedure, Antidumping duties, Business
and industry, Countervailing duties, Emergency powers, Reporting and
recordkeeping requirements.
Dated: June 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
For the reasons stated, 19 CFR part 358 is proposed to be added to
read as follows:
PART 358--SUPPLIES FOR USE IN EMERGENCY RELIEF WORK
Sec.
358.101 Scope.
358.102 Definitions.
358.103 Importation of supplies.
Authority: 19 U.S.C. 1318(a).
Sec. 358.101 Scope.
This part sets forth the procedures for importation of supplies for
use in emergency relief work free of antidumping or countervailing
duties, as authorized under section 318(a) of the Act.
Sec. 358.102 Definitions.
For purposes of this part:
Act means the Tariff Act of 1930, as amended.
Customs means the Bureau of Customs and Border Protection of the
United States Department of Homeland Security.
Department means the United States Department of Commerce.
Order means an order issued by the Secretary under section 303,
section 706, or section 736 of the Act.
Secretary means the Secretary of Commerce or a designee.
Supplies for use in emergency relief work means supplies for use in
emergency relief work related to the emergency declared by the
President.
Sec. 358.103 Importation of supplies.
(a) Where the President, acting under section 318 of the Act,
authorizes the Secretary to permit the importation of supplies for use
in emergency relief work free of antidumping and countervailing duties,
the Secretary shall consider requests for such importation under the
following conditions:
(1) Before importation, a written request shall be submitted to the
Secretary by the person in charge of sending the subject merchandise
from the foreign country, or by the person for whose account it will be
brought into the United States. Three copies of the request should be
submitted to the Secretary of Commerce, Attention: Import
Administration, Central Records Unit, Room 1870, U.S. Department of
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230.
(2) The request shall state the Department antidumping or
countervailing duty order case number, the producer of the merchandise,
a detailed description of the merchandise, current HTS number, price in
the United States, quantity, proposed date of entry, proposed port of
entry, mode of transport, destination, use to be made of the
merchandise, and any other information the person would like the
Secretary to consider.
(b) If the Secretary determines to permit importation of particular
merchandise for use in emergency relief work, the Secretary will notify
the person who submitted the request and instruct Customs to allow
entry of the merchandise without regard to antidumping or
countervailing duties.
(c) Any subject merchandise entered under paragraph (b) of this
section which is used in the United States other than for a purpose
contemplated for it by section 318(a) of the Act may be subject to
seizure or other penalty, including under section 592 of the Act.
(d) Any subject merchandise entered under paragraph (b) of this
section is subject to the Department's reporting requirements in its
conduct of an antidumping or countervailing duty administrative review,
however, the Department will exclude such merchandise from the
calculation of assessment and cash deposit rates.
[FR Doc. 06-5612 Filed 6-21-06; 8:45 am]
BILLING CODE 3510-DS-P