[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Rules and Regulations]
[Page 63230-63235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc06-7]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 358
Docket No. 060602144-6270-02
RIN 0625-AA71
Procedures for Importation of Supplies for Use in Emergency
Relief Work
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Department of Commerce (``the Department'') hereby
establishes procedures for importation of supplies for use in emergency
relief work free of antidumping and 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: This rule is effective November 29, 2006.
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
promulgated this rule in consultation with the Department of Treasury
and the Department of Homeland Security. The rule establishes
procedures for importation of supplies for use in emergency relief work
free of antidumping and 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 antidumping and countervailing duty
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.
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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Discussion of Comments
On June 22, 2006, the Department published a proposed rule and
request for public comment concerning procedures for importation of
supplies for use in emergency relief work free of antidumping and
countervailing duties, as authorized under section 318(a) of the Act
(71 FR 35846, June 22, 2006). In finalizing these procedures, the
Department carefully considered each of the comments it received. The
following is an explanation of the provisions of the rule, as well as a
summary of the comments received and the Department's responses to
those comments.
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 and countervailing duties, as authorized under section
318(a) of the Act.
Several commenters expressed support for the establishment of
procedures for importation of supplies for use in emergency relief work
free of antidumping and countervailing duties. The commenters argued
that the temporary suspension of antidumping and countervailing duties
during an emergency could provide needed relief after natural disasters
and would have a positive impact on emergency relief and reconstruction
efforts by reducing costs and ensuring availability of building and
other emergency relief supplies. Other commenters argued that there is
no need for such a rule or that there have been no circumstances where
antidumping or countervailing duties have been shown to affect or delay
the importation of emergency supplies. One commenter argued that the
rule would exacerbate the previously demonstrated injury to the
domestic industry by permitting an additional influx of unfairly traded
goods.
The Department is committed to strong enforcement of U.S. trade
laws and will do everything within the parameters prescribed by
Congress to ensure that domestic industries obtain effective relief
from dumped and subsidized imports. Congress also, however, has
authorized the Secretary to permit the importation of supplies for use
in relief work free of antidumping and countervailing duties during a
declared emergency. This rule establishes the procedures for
importation of such supplies as authorized by Congress and is intended
to facilitate access to needed resources in the event of a natural
disaster or other emergency. Any waiver of antidumping and
countervailing duties would be both temporary and limited to supplies
for use in emergency relief work related to the emergency declared by
the President. The Department does not believe that such temporary
limited waivers will exacerbate injury to the domestic industry.
Nevertheless, we recognize that we have no experience with the new
waiver mechanism and that it is possible that the application of the
waiver mechanism could have unintended consequences with regard to the
protection afforded to U.S. industries found to be injured by dumped
and/or subsidized imports. Therefore, we have added section 358.104,
which provides that the
[[Page 63231]]
Secretary will review and issue a report on the first five years of the
operation of the waiver mechanism. The report will consider the impact
of the application of the waiver mechanism on U.S. parties injured by
dumped and/or subsidized imports.
Several commenters argued that the Department has no legal
authority to promulgate a rule allowing for temporary waiver of
antidumping and countervailing duties because Title VII of the Act does
not provide such authority and/or the waiver authority under section
318(a) of the Act does not explicitly reference or encompass
antidumping or countervailing duties. We do not agree with the
commenters' assertions. The Department's authority to promulgate this
rule arises under section 318(a) of the Act. Specifically, section
318(a) gives the Secretary of the Treasury authority, on a temporary
basis, to respond immediately where the President declares the
existence of an emergency. Under these circumstances, the Secretary may
permit the importation free of duty of supplies for use in emergency
relief work. Insofar as it encompasses antidumping and countervailing
duties, this authority was explicitly delegated to the Secretary of
Commerce in 1979, pursuant to section 5(a)(1)(E) of Reorg. Plan No. 3
of 1979. Regardless of whether Title VII of the Act permits temporary
waiver of antidumping and countervailing duties, such waiver authority
is specifically and explicitly contemplated under section 318(a) of the
Act.
One commenter argued that, based on certain language in Reorg. Plan
No. 3, any rule regarding the application of section 318 of the Act
must be ``jointly promulgated'' between the Department and the
Department of Homeland Security (``DHS''). The Department disagrees
with the commenter's interpretation of Reorg. Plan No. 3. Nothing in
section 318(a) or in Reorg. Plan No. 3 requires that this rule be
``jointly promulgated'' with DHS or any other agency. Rather, section
5(a)(1)(E) of the Reorg. Plan provides that all functions of the
Secretary of Treasury under section 318(a) of the Act\2\ with respect
to antidumping and countervailing duties, were transferred to the
Secretary of Commerce ``to be exercised in consultation with the
Secretary of the Treasury.'' In the course of promulgating this rule,
the Department has, in fact, consulted with Treasury, as well as with
the Bureau of Customs and Border Protection (``CBP'') and DHS. These
interagency consultations satisfy the requirements of Reorg. Plan No.
3.
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\2\ In 2002, Pub.L. 107-210, section 342(1), designated the
former text of section 318 of the Act as subsection (a) of section
318 of the Act. Section 342(2) of Pub.L. 107-210 added new
subsection (b) to section 318 of the Act.
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One commenter suggested that there was no need for the rule because
there are other emergency powers already available to the President and
the federal government. The commenter is correct that there are other
emergency powers available to the President and other federal agencies.
For example, in addition to the authorities delegated to the Secretary
of Commerce pursuant to Reorg. Plan No. 3, section 318 of the Act
contains provisions that provide relief from duties other than
countervailing and antidumping duties and also from other measures
affecting importations. Section 322 of the Act also provides for other
emergency relief authority with regard to importations. We note that
this rule (Part 358) is in no way intended to limit the emergency
relief available through other provisions of the Act, or limit the
authority of the Secretary of the Treasury, or those to whom that
authority has been delegated, to grant emergency relief of duties or
take any other measure necessary to respond to a emergency or other
threat pursuant to sections 318, 322, or any other provisions of the
Act. However, the fact that there are other available emergency powers
does not vitiate the need for this rule. The Department has determined
to promulgate this rule in order to prescribe the process by which the
Department will exercise its authority under section 318(a) of the Act.
One commenter argued that the rule does not go far enough and that
U.S. law should be amended to establish a ``no or short supply''
exception to the application of antidumping and countervailing duties
in the form of either a public-interest test or a lesser-duty rule.
Another commenter expressed concern that the rule could lead to an
unnecessary short-supply provision and create a loophole benefitting
its Brazilian orange juice competitors. One commenter proposed that the
Department clarify that the rule does not apply to Mexican cement.
This rule serves the limited function of establishing procedures
for importation of supplies for use in emergency relief work free of
antidumping and countervailing duties, in the context of and related to
an emergency declared by the President. The rule does not limit the
definition of supplies for use in emergency relief work to products for
which there is insufficient U.S. production. In other words, the rule
is not a so-called ``short-supply'' provision. The rule also does not
exempt specific products (such as orange juice or cement) from
consideration as supplies for use in emergency relief work for the
reason that what supplies might be needed for use in emergency relief
work will depend on the circumstances of a specific declared emergency
and the particular needs of persons affected by that emergency.
Section 358.102
Section 358.102 sets forth the definition of terms that are used in
Part 358. With respect to the definition of ``supplies for use in
emergency relief work,'' some commenters proposed that emergency relief
work be broadly defined and that the rule clarify that eligible
supplies include, for example, supplies for repairs or reconstruction
work made necessary by the emergency. Other commenters argued that the
definition of ``supplies for use in emergency relief work'' is broader
than the definition authorized by Congress. These commenters argued
that section 318(a) of the Act limits supplies for use in emergency
relief work to humanitarian goods provided on a short-term basis,
specifically food, clothing, and medical and surgical supplies. The
commenters proposed that the rule be redrafted to reflect this limited
definition.
The Department's proposed definition of ``supplies for use in
emergency relief work'' was intended to reflect the statutory authority
to permit the duty-free importation of supplies for use in emergency
relief work. However, some commenters found the proposed definition too
limited, while others found the proposed definition too broad. Given
the mixed reaction to the proposed definition, the Department has
modified the definition of ``supplies for use in emergency relief
work.'' The definition will now track the language of section 318(a) of
the Act. The Department does not agree with commenters' assertions that
the statute ``limits'' supplies for use in emergency relief work to
humanitarian goods provided on a short-term basis such as food,
clothing, medical and surgical supplies. The statute also permits duty
waiver for ``other supplies for use in emergency relief work.'' As a
general proposition, identification of needed supplies will be
dependent on the circumstances of an actual declared emergency. While
clothing and medical supplies might be needed for emergency relief work
in certain circumstances, there may be other circumstances where
supplies related to repair or reconstruction work are equally or more
needed.
[[Page 63232]]
Section 358.103
Section 358.103 sets forth the procedures for importation of
supplies for use in emergency relief work free of antidumping and
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 and 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.
Two commenters proposed that the rule set time limits for
submission of waiver requests, e.g., within 60 days after the date of
declaration of the emergency and for the entry of merchandise, e.g.,
within 60 days after the date the waiver request is granted. The
Department has not adopted a time limit for submission of waiver
requests as suggested by the commenters. After declaring an emergency,
and acting under section 318 of the Act, the President can authorize
the Secretary to permit importation of supplies for use in emergency
relief work free of antidumping and countervailing duties. Opportunity
to request, and the Secretary's determination to permit such
importations are appropriate throughout the continuance of the declared
emergency. A 60-day time limit on requests for importation of emergency
relief supplies would frustrate the utility of the waiver mechanism by
not allowing for differing circumstances or the duration of an actual
emergency.
The Department does, however, see merit in setting a deadline for
entry of relief supplies once the Secretary has made a determination to
permit such entry. A limited entry period is consistent with the entry-
specific nature of a determination by the Secretary to waive duties, as
well as the temporary duration of a declared emergency. Therefore, with
one modification, the Department has adopted the 60-day time frame
proposed by the commenters. Specifically, we have modified the proposal
to allow a flexible approach to specific situations in which entry of
duty-waiver merchandise will not occur within the 60-day time frame.
This might occur, for example, where three shipments of duty-waiver
merchandise are scheduled to enter the United States over a three month
period, i.e., one shipment per month. This flexible approach is
reflected in our use of the word ``normally'' in new paragraph (c) of
section 358.103, which provides that duty-waiver merchandise must enter
the United States normally within 60 days after the date on which the
Secretary notifies the person who submitted the request or the
merchandise will be subject to antidumping and/or countervailing
duties, as applicable.
One commenter proposed that, given the changing needs and
conditions during an emergency, the Department should include some
flexibility in the information requirements set forth in paragraph
(a)(2). The commenter also suggested that the Department should ensure
that the paperwork required not frustrate the utility of this mechanism
at a time of dire need. The Department acknowledges that changing needs
and conditions during an emergency might affect a requester's ability
to provide all the information required for a waiver request at the
time the request is submitted. However, the Department will need to
have sufficient information to make a decision on a waiver request. The
Department does not consider that the information requirements set
forth in paragraph (a)(2) are particularly onerous, but welcomes any
comments on reporting burdens associated with the information required
for a waiver request.
Other commenters proposed additional information requirements such
as specification of the intended emergency use, identification of the
U.S. customer, identification of the emergency relief-related project,
and/or designation of the geographical limits for use of the
merchandise. Two commenters argued that price, included in the list of
required information, is not an appropriate element of any analysis of
potential waiver because any price effects resulting from the emergency
would similarly affect both fairly and unfairly traded goods. One
commenter suggested that required information include a demonstration
that the merchandise for which duty-free importation is requested be in
short supply.
As discussed above, this rule is not a short supply provision, and
duty waiver on emergency relief supplies is not dependent on whether
there is insufficient U.S. production. For this reason, the Department
has not adopted the suggestion that information required under
paragraph (a)(2) include a demonstration that there is insufficient
U.S. production of the merchandise for which duty-free importation is
requested. The Department has adopted, however, the essence of certain
other suggestions regarding required information. In particular, the
Department believes that identification of the person for whose account
the merchandise will be brought into the United States, as well as
designation of the geographical location at which the merchandise will
be used, are useful pieces of information. We have modified paragraph
(a)(2) to reflect these additions. Paragraph (a)(2) already provides
for identification of the use to be made of the merchandise and, for
this reason, we have not adopted the suggestion to include
identification of the emergency relief-related project. Moreover, the
term ``emergency relief-related project'' proposed by the commenter
implies a formal, government-sponsored or -countenanced emergency
relief project, which is not a limitation prescribed in this rule or in
the statute. We also have not adopted the suggestion that price be
excluded from the list of required information. The commenters assume
that analysis of price effects is a factor in waiver requests. No such
assumption is warranted. Price information may be relevant in
subsequent administrative or new shipper reviews, for example, for
purposes of both checking the completeness of respondents' reporting
and providing an indication as to whether the merchandise was donated
or sold.
Paragraph (b) provides that, if the Secretary determines to permit
importation of particular merchandise free of antidumping and
countervailing duties, the Secretary will notify the person who
submitted the request and instruct CBP to allow entry of the
merchandise without regard to antidumping and countervailing duties.
One commenter proposed that the Secretary allow importation of
merchandise free of antidumping and countervailing duties only where
necessary to meet an important need in emergency relief efforts, to
address short-term immediate humanitarian needs, where short-term need
cannot adequately be met through fairly traded merchandise, and in
circumstances not likely to have any significant impact on the
effectiveness of existing antidumping and countervailing duty orders or
result in injury to a domestic industry. Another commenter proposed
that importation of merchandise free of antidumping and countervailing
duties should only be allowed where fairly traded merchandise cannot
meet the short-term need. Other commenters
[[Page 63233]]
proposed that the rule only allow for waiver of antidumping and
countervailing duties on merchandise considered necessary for relief by
the Federal Emergency Management Agency (``FEMA''). One commenter also
suggested that the Department require that supplies for use in
emergency relief work be donated, not sold.
We have not adopted these suggestions. This rule establishes the
procedures for importation of supplies for use in relief work free of
antidumping and countervailing duties during a declared emergency as
authorized by Congress and is intended to facilitate access to needed
resources in the event of a natural disaster or other emergency. What
supplies might be needed for use in emergency relief work will depend
on the circumstances of a specific declared emergency and the
particular needs of persons affected by that emergency. While a FEMA
list of needed emergency supplies, if created, could be instructive,
the Department believes that it is appropriate for the Secretary to
have maximum flexibility to review waiver requests in the context of a
specific emergency and to make waiver determinations on an emergency-
by-emergency basis. As discussed above, the Department does not believe
that temporary limited waiver of antidumping and countervailing duties
will exacerbate injury to the domestic industry. However, as set forth
in new section 358.104, the Department will review the operation and
impact of the waiver mechanism after five years. The Department also
finds no reason to limit the definition of emergency relief supplies to
only donated merchandise, as one commenter suggested, although the
Secretary will consider whether the merchandise was donated or sold
since that information is required to be included in a waiver request.
Certain commenters suggested that there should be specific and/or
short time limits on temporary waivers of antidumping and
countervailing duties to prevent inappropriate long-term use of such
waivers. Other commenters suggested that a waiver specify the allowable
geographic limits for use of the imported merchandise.
The Department agrees with these suggestions. To alleviate concerns
about inappropriate long-term use of waivers, we have modified
paragraph (b) to indicate that waiver of antidumping and countervailing
duties on imports of merchandise for use in emergency relief work will
be specific and limited to the merchandise explicitly identified in the
waiver request. Pursuant to paragraph (a)(2), a waiver request must
identify, inter alia, the quantity of the merchandise to be imported,
the proposed date of entry, the destination of the merchandise, and the
use to be made of the merchandise at the designated destination. In
addition, as discussed above, we have added paragraph (c) to require
that waiver merchandise enter the United States normally within 60 days
after the date on which the Secretary grants a waiver request or such
merchandise will be subject to antidumping and/or countervailing
duties, as applicable.
Certain commenters proposed that the Department provide notice to,
and an opportunity for, interested parties to comment on requests
before the Secretary makes a determination to permit importation of
particular merchandise for use in emergency relief work.
We have not adopted this proposal. The speed with which the
Secretary may need to address requests for importation of emergency
relief supplies will be dependent on the circumstances of an actual
declared emergency. In certain situations, the Secretary may need to
respond immediately and an opportunity for notice and comment could
have a detrimental impact on persons in need of emergency relief
supplies. The Department's regulations (19 CFR 351.104) already provide
that the official record of each antidumping and countervailing duty
proceeding will include material presented to the Secretary during the
course of a proceeding, as well as determinations made by the
Secretary, that pertain to the proceeding. As a result, requests for
importation of emergency relief supplies and the Secretary's
determination to permit importation, if any, will be included on the
record of the relevant proceeding(s). In addition, we have added
language to paragraph (b) stating that notification of a determination
by the Secretary will be posted on our website.
Two commenters proposed that the Department be required to inform
Congress about any application of the rule. The Department agrees that
it is appropriate to inform Congress that it is establishing procedures
for importation of supplies for use in emergency relief work free of
antidumping and countervailing duties, as authorized by section 318(a)
of the Act, and it will provide notice of this rulemaking upon
publication. No changes to the rule are necessary.
Paragraph (d) 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).
This paragraph had been numbered as paragraph (c) in the proposed rule.
One commenter proposed that, given the confused and unpredictable
circumstances of a declared emergency, there should be a good-faith
exception when merchandise is diverted away from the purpose identified
in the initial request. The commenter suggested that financial
penalties be limited to instances of bad-faith misuse of the duty-
waiver mechanism. Other commenters proposed that there be stronger
safeguards and/or oversight to ensure proper use of emergency supplies
and/or to check on appropriate use after the fact. Several commenters
suggested that importers should be required to file entry-specific
certifications that the merchandise is for emergency relief. Some
commenters proposed that the importer be subject to penalties for
improper use of goods. Other commenters argued that the proposed rule
does not include sufficient safeguards to prevent abuse by importers.
The Department agrees with commenters that there is a need to
ensure appropriate use of the duty-waiver mechanism and imported
emergency relief supplies. For this reason, as set forth in paragraph
(a)(2), a request for duty waiver must include, inter alia, a detailed
description of the merchandise, state the quantity to be imported,
identify a proposed date of entry, and indicate the destination of the
merchandise. In response to comments, we also have added the
requirements that the request identify the person for whose account the
merchandise will be brought into the United States and the use to be
made of the merchandise at the designated destination. As discussed
above, the Secretary's determination to grant a duty-waiver request
will be specific to the described merchandise and stated entry date,
use, and destination. The Secretary's determination also will be made
available in the public record of the relevant proceeding(s) and
notification of the determination will appear on the Department's
website. Any party with specific concerns about improper use of
particular imports of emergency relief supplies should contact the
Department about those specific concerns. Based on receipt of such
comments and on its own authority, the Department may consider the need
for penalties or other action if specific instances of misuse arise.
Paragraph (d) provides maximum flexibility in this regard because it
does
[[Page 63234]]
not limit the range of possible penalties for improper use.
The proposed rule clarified that merchandise entered for use in
emergency relief work is subject to Department reporting requirements
in antidumping and countervailing duty administrative reviews, but that
such merchandise will be excluded from the calculation of assessment
and cash deposit rates. In the final rule, these two provisions are set
forth in paragraphs (e) and (f)(1), respectively. In addition, in
paragraph (e) we have added a reference to new shipper reviews to
clarify that duty-waiver merchandise also is subject to Department
reporting requirements in new shipper reviews.
One commenter argued that subjecting merchandise entered for use in
emergency relief work to Department reporting requirements in
antidumping and countervailing duty reviews creates a burden of
unnecessary reporting and recordkeeping in an emergency situation. The
Department disagrees with the commenter's assertion. We expect that the
data with respect to merchandise entered for use in emergency relief
work already would be recorded in a producer's books as a matter of
normal recordkeeping. With respect to duty-waiver merchandise,
respondents would need to report only the data necessary to allow the
Department to identify and account for the emergency relief
transactions. In addition, the time period of the emergency and the
period during which the relevant review (i.e., the review related to
the period during which the duty-waiver merchandise was sold or donated
in the United States) is conducted are not likely to be
contemporaneous. Finally, the foreign producer responding to the
Department's questionnaire in an administrative or new shipper review,
and that producer's bookkeeping activities, are unlikely to have been
directly affected by an emergency within the United States.
Certain commenters suggested that the rule clarify that duty-waiver
merchandise does not count towards ``commercial quantities''
requirements in certain types of antidumping and countervailing duty
proceedings. The commenter also suggested that the rule clarify the
effect on suspension agreements and the effect on yearly quotas. We
agree that we should clarify the treatment of merchandise entered for
use in emergency relief work in certain other types of antidumping and
countervailing duty proceedings and circumstances. Therefore, we have
added paragraph (f) to section 351.103 to provide such clarification.
Paragraph (f)(1) clarifies that merchandise entered for use in
emergency relief work will be excluded from the calculation of
assessment and cash deposit rates in an administrative or new shipper
review. Previously, this clarification was reflected in paragraph (d)
of the proposed rule, although paragraph (f)(1) is modified to add a
reference to new shipper reviews and a cross reference to the
applicable statutory provision governing administrative and new shipper
reviews. The remaining substance of paragraph (d) of the proposed rule
is now reflected in paragraph (e) of the final rule, which provides
that merchandise entered for use in emergency relief work is subject to
Department reporting requirements in antidumping and countervailing
duty administrative and new shipper reviews.
Paragraph (f)(2) is new and clarifies that merchandise entered for
use in emergency relief work will not count for purposes of any of the
``commercial quantities'' requirements set forth in 19 CFR 351.222.
Paragraph (f)(3) also is new and clarifies that such merchandise also
will not count for purposes of the quantity allowed by, or revised
price requirements established pursuant to, a suspension agreement
under section 704 or section 734 of the Act.
Classification
E.O. 12866
This 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 rule involves collection-of-information
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35. The information collection requirements in 19 CFR Part 358 are
approved by OMB and assigned OMB control number 0625-0256. 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 waiver request, review instructions, search existing data
sources, gather and maintain the data needed, and complete and review
the collection of information.
E.O. 12612
This rule does not contain federalism implications warranting the
preparation of a Federalism Assessment.
Regulatory Flexibility Act
The Chief Counsel for Regulation at the Department certified to the
Chief Counsel for Advocacy, Small Business Administration that this
rule would not have a significant economic impact on a substantial
number of small entities. The factual basis of this certification was
published in the proposed rule and is not repeated here. No comments
were received on the economic impact of this rule. As a result, no
Final Regulatory Flexibility Analysis was prepared.
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: October 20, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
0
For the reasons discussed in the preamble, the Department of Commerce
adds 19 CFR Part 358 as follows:
PART 358--SUPPLIES FOR USE IN EMERGENCY RELIEF WORK
Sec.
358.101 Scope.
358.102 Definitions.
358.103 Importation of supplies.
358.104 Report.
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 and 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.
CBP 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 food, clothing, and
medical, surgical, and other supplies for use in emergency relief work.
[[Page 63235]]
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 and/or
countervailing duty order case number, the producer of the merchandise,
a detailed description of the merchandise, the current HTS number, the
price in the United States, the quantity, the proposed date of entry,
the proposed port of entry, the mode of transport, the person for whose
account the merchandise will be brought into the United States, the
destination, the use to be made of the merchandise at the designated
destination, and any other information the person would like the
Secretary to consider.
(b) If the Secretary determines to permit duty-free importation of
particular merchandise for use in emergency relief work, the Secretary
will notify the person who submitted the request, instruct CBP to allow
entry of the merchandise identified in the request submitted under
paragraph (a) without regard to antidumping and countervailing duties,
and post notification of the determination on the Department's website.
(c) Any subject merchandise entered under paragraph (b) of this
section must enter the United States normally within 60 days after the
date on which the Secretary notifies the person who submitted the
request or the merchandise will be subject to antidumping and/or
countervailing duties, as applicable.
(d) 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.
(e) Any subject merchandise entered under paragraph (b) of this
section is subject to the Department's reporting requirements in its
conduct of an antidumping and/or countervailing duty administrative or
new shipper review, as applicable.
(f) Any subject merchandise entered under paragraph (b) of this
section will be excluded from:
(1) The calculation of assessment and cash deposit rates in an
administrative or new shipper review under section 751(a) of the Act;
(2) ``Commercial quantities'' under 19 CFR 351.222; and
(3) The quantity allowed by, or revised price requirements
established pursuant to, a suspension agreement under section 704 or
section 734 of the Act, as applicable.
Sec. 358.104 Report.
The Secretary will review and issue a report on the first five
years of the operation of Part 358. The report will consider the impact
of determinations to permit importation of particular merchandise for
use in emergency relief work under this Part, on U.S. parties injured
by dumped and/or subsidized imports.
[FR Doc. E6-18193 Filed 10-27-06; 8:45 am]
BILLING CODE 3510-DS-S