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AGENCY:

Import Administration, International Trade Administration, Department of Commerce; Office of Insular Affairs, Department of the Interior.

ACTION:

Final rule.

SUMMARY:

The Departments of Commerce and the Interior (the Departments) issue this rule to amend their regulations governing jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands) published on April 5, 2007 (72 FR 16713). This amendment is needed to correct the formula for the calculation of the jewelry duty-refund, in accordance with Public Law 108-429.

DATES:

This rule is effective June 19, 2008.

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FOR FURTHER INFORMATION CONTACT:

Faye Robinson, Director, Statutory Import Programs Staff at (202) 482-3526.

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SUPPLEMENTARY INFORMATION:

The Departments of Commerce and the Interior (the Departments) published a document in the Federal Register on April 5, 2007 (72 FR 16712), amending their regulations governing watch duty-exemption allocations and the watch and jewelry duty-refund benefits for producers in the United States insular possessions (the U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands). That document inadvertently provided an incorrect formula for the calculation of the jewelry duty-refund in sections 303.15(b), 303.20(b)(1) and 303.20(b)(2). This document corrects the final regulations by revising the unit thresholds in the mid-year duty-refund benefit calculation to reflect the correct amounts. The unit thresholds are amended by replacing the amounts in sections 303.20(b)(1)(ii), (b)(1)(ii) and (b)(1)(iii) from 450,000; 600,000 and 750,000 to 3,533,334; 6,766,667 and 10,000,000, respectively. This rule also corrects the final regulations by revising the calculation and unit thresholds in the annual duty-refund benefit calculation to reflect the correct formula and amounts. The unit thresholds are amended by replacing the amounts in sections 303.20(b)(2)(ii), (b)(2)(ii) and (b)(2)(iii) from 450,000; 600,000 and 750,000 to 3,533,334; 6,766,667 and 10,000,000 respectively.

Classification

Administrative Procedure Act

The International Trade Administration (ITA) finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for comment as it is impracticable and contrary to the public interest. This final rule amends the regulations governing jewelry duty-refund benefits for producers in the United States insular possessions. A previously published rule inadvertently provided an incorrect formula and unit thresholds for the calculation of the jewelry duty-refund in sections 303.15(b), 303.20(b)(1) and (b)(2). This document corrects the final regulations by revising these sections to be consistent with ITA's statutory mandate to provide duty-refund benefits as provided in Public Law 106-36 and 108-429. If this amendment is not implemented immediately, the correct formula and maximum unit thresholds would not be in place when the Departments calculate the amount of the duty-refund in July 2008. In order to have the correct formula and unit thresholds in place by the time the refund is calculated, it is necessary to implement this rule immediately.Start Printed Page 34857

Regulatory Flexibility Act

Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

Paperwork Reduction Act

This final rule does not contain collection-of-information requirements subject to review and approval by OMB under the Paperwork Reduction Act (PRA). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the Paperwork Reduction Act unless that collection displays a valid OMB Control Number.

Executive Order 12866

It has been determined that this rule is not significant for purposes of Executive Order 12866.

Executive Order 13132

This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132.

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List of Subjects in 15 CFR Part 303

• Administrative practice and procedure
• American Samoa
• Customs duties and inspection
• Guam
• Imports
• Marketing quotas
• Northern Mariana Islands
• Reporting and recordkeeping requirements
• Virgin Islands
• Watches and jewelry

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Accordingly,

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PART 303—WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM

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1. The authority citation for

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Authority: Pub. L. 97-446, 96 Stat. 2331(19 U.S.C. 1202, note); Pub. L. 103-465, 108 Stat. 4991; Pub. L. 94-241, 90 Stat. 263 (48 U.S.C. 1681, note); Pub. L. 106-36, 113 Stat.167; Pub. L. 108-429, 118 Stat. 2582.

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2. Section 303.15 is amended by removing “750,000” from the second sentence of paragraph (b) and adding “10,000,000” in its place.

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3. Section 303.20(b) is revised to read as follows:

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