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AGENCY:

Import Administration, International Trade Administration, Department of Commerce.

ACTION:

Proposed rule; request for comments.

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.

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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.

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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.

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.Start Printed 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.

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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

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For the reasons stated, 19 CFR part 358 is proposed to be added to read as follows:

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PART 358—SUPPLIES FOR USE IN EMERGENCY RELIEF WORK

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Authority: 19 U.S.C. 1318(a).

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Footnotes