[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15697-15699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8925]



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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket No. 960329093-6093-01]
RIN 0607-XX13


Collection of Canadian Province of Manufacture Information for 
Softwood Lumber on Customs Entry Records

AGENCY: Bureau of the Census, Commerce.

ACTION: Final rule with request for comments.

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SUMMARY: The Bureau of the Census (Census) has directed the U.S. 
Customs Service (Customs) to begin immediate collection of information 
on the province of manufacture on imports of softwood lumber from 
Canada. This action is taken to assist in carrying out an agreement 
reached between the United States and Canada concerning trade in 
softwood lumber.

DATES: Final rule effective April 5, 1996. Comments due on or before 
May 6, 1996.

ADDRESSES: Direct all written comments to the Director, Bureau of the 
Census, Room 2049, Federal Building 3, Washington, DC 20233.

FOR FURTHER INFORMATION CONTACT: C. Harvey Monk, Jr., Bureau of the 
Census, Washington, D.C. 20233, by telephone on (301) 457-2255 or by 
fax (301) 457-2645. For information on the U.S.-Canada agreement on 
softwood lumber: Gordana Earp, Deputy Assistant U.S. Trade 
Representative for Industry, by telephone on (202) 395-6160.

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 1996, the United States and Canada concluded an 
agreement in principle on trade on certain softwood lumber products. 
Upon completion of the agreement text, the agreement is to enter into 
force, in fact, on April 1, 1996. The agreement includes commitments by 
Canada that are linked to the amount of softwood lumber exported 
annually to the United States from particular provinces. To carry out 
the agreement, it is necessary to determine accurately the amount of 
softwood lumber entering the United States on a province-by-province 
basis.
    Currently, U.S. Customs entry records include information on the 
Identification of the Foreign Manufacturer. This information is not 
satisfactory because it frequently represents the corporate 
headquarters or Canadian vendor, and not the location in which the 
goods were actually produced.
    Effective April 5, 1996 unless notified by the United States Trade 
Representative of a later effective date, the Bureau of the Census will 
require the two-letter designation of the Canadian province of 
manufacture to be reported on U.S. entry summary records for shipments 
released on or after April 5, 1996. The province of manufacture is to 
be determined on a first mill basis (i.e., the point at which the item 
was first manufactured into a covered lumber product (described 
below)). Further processing (e.g., planing or kiln drying) and/or 
transformation from one covered lumber product into another covered 
lumber product (e.g., remanufactured products) in another province does 
not constitute a change in the province of manufacture. For purposes of 
this rule, province of manufacture is the province where the subject 
merchandise underwent a change in tariff classification to tariff items 
4407.1000, 4409.1010, 4409.1090, or 4409.1020 from any other tariff 
items except a tariff item within that group.
    The reporting of province of manufacture will apply to the non-ABI 
as well as ABI entry summaries. For those reporting on paper forms the 
province of manufacture code will replace the Country of Origin on the 
CF 7501 Entry Summary form. This requirement would apply only for 
imports of softwood lumber with Country of Origin Canada.

[[Page 15698]]

    All electronic ABI Entry Summaries transmitted with the Country of 
Origin Canada would also require the new Canadian province of 
manufacture code. The Country of Origin is transmitted for each entry 
summary line item in the A 40 record positions 6-7. For imports of 
softwood lumber from Canada, the province of manufacture code should 
replace Country of Origin in positions 6-7 of the A 40 record.
    Valid Canadian province/territory codes are:

XA--Alberta
XB--New Brunswick
XC--British Columbia
XM--Manitoba
XN--Nova Scotia
XO--Ontario
XP--Prince Edward Island
XQ--Quebec
XS--Saskatchewan
XT--Northwest Territories
XW--Newfoundland
XY--Yukon Territory

    The authority to collect this information is provided under Title 
13, United States Code, Section 301, which authorizes the Secretary of 
Commerce to collect information from persons importing into, or 
exporting from the United States, as he deems necessary or appropriate 
to foster, promote, develop, and further the commerce, domestic and 
foreign, of the United States.
    The information is to be collected as part of that required on the 
Customs CF 7501 paper or ABI automated entry record. This reporting is 
required by the Customs Service for each importation of foreign 
merchandise and occurs at the time of importation.
    The products covered by this rule are certain softwood lumber 
products. These lumber products include: (1) Coniferous wood, sawn or 
chipped lengthwise, sliced or peeled, whether or not planed, sanded or 
finger-jointed, of a thickness exceeding six millimeters; (2) 
coniferous wood siding (including strips and friezes for parquet 
flooring, not assembled) continuously shaped (tongued, grooved, 
rabbetted, chamfered, V-jointed, beaded, molded, rounded or the like) 
along any of its edges or faces, whether or not planed, sanded, or 
finger-jointed; and (3) other coniferous wood (including strips and 
friezes for parquet flooring, not assembled) continuously shaped 
(tongued, grooved, rabbetted, chamfered, V-jointed, beaded, molded, 
rounded or the like) along any of its edges or faces, whether or not 
planed, sanded or finger-jointed; and (4) coniferous wood flooring 
(including strips and friezes for parquet flooring, not assembled) 
continuously shaped (tongued, grooved, rabbetted, chamfered, V-jointed, 
beaded, molded, rounded or the like) along any of its edges or faces, 
whether or not planed, sanded, or finger-jointed. Such products are 
currently provided for under subheading 4407.1000, 4409.1010, 4409.1090 
and 4409.1020, respectively of the Harmonized Tariff Schedule of the 
United States (HTSUS).

Rulemaking Requirements

    1. This final rule is exempt from the requirements of Executive 
Order 12866.
    2. This rule involves a collection of information subject to the 
Paperwork Reduction Act of 1995. This collection has been approved by 
the Office of Management and Budget (OMB) under control number 1515-
0065. The United States Customs Service form CF 7501 and the associated 
electronic reporting form A 40 are estimated to average 20 minutes per 
response. This estimate includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collections of information. 
Send comments regarding this estimate to Phillip Metzger, Director of 
Trade Compliance, U.S. Customs Service, Department of the Treasury, 
1301 Constitution Ave., N.W., Washington, DC 20229-0001. 
Notwithstanding any other provisions of law, no person is required to 
respond to nor shall a person be subject to a penalty for 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 OMB Control Number.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 5 
U.S.C. 553(a)(1) or by any other law, under section 3(a) and 4(a) of 
the Regulatory Flexibility Act (5 U.S.C. 603(a) and 604(a)) no initial 
or final Regulatory Flexibility Analysis has to be or will be prepared.
    5. The provisions of the Administrative Procedure Act, (5 U.S.C. 
553), requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). No other law requires 
that a notice of proposed rulemaking and an opportunity for public 
comment be given for this rule.
    However, because of the importance of the issues raised by this 
regulation, this rule is issued in final and comments will be 
considered. The period for submission of comments will close May 6, 
1996. Direct all written comments to the Director, Bureau of the 
Census, Room 2049, Federal Building 3, Washington, DC 20233.

List of Subjects in 15 CFR Part 30

    Economic statistics, Foreign trade, Reporting and recordkeeping 
requirements.
    For reasons set out in the preamble, 15 CFR part 30 is amended as 
follows:

PART 30--FOREIGN TRADE STATISTICS

    1. The authority citation for 15 CFR part 30 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; Reorganization Plan 
No. 5 of 1950 (3 CFR 1949-1953 Comp., p. 1004); Department of 
Commerce Organization Order No. 35-2A, August 4, 1975, 40 CFR 42765.

Subpart F--Special Provision for Particular Types of Import 
Transactions

    2. Section 30.80 is added to subpart F to read as follows:


Sec. 30.80  Imports from Canada.

    When certain softwood lumber products described under Harmonized 
Tariff Schedule of the United States (HTSUS) subheadings 4407.1000, 
4409.1010, 4409.1090, and 4409.1020, are imported from Canada; import 
entry records are required to show a valid Canadian Province of 
Manufacture Code. The Canadian Province of Manufacture is determined on 
a first mill basis (the point at which the item was first manufactured 
into a covered lumber product). For purposes of determination, Province 
of Manufacture is the first province where the subject merchandise 
underwent a change in tariff classification to the tariff classes cited 
above. The Province of Manufacture Code should replace the Country of 
Origin on the CF 7501 Summary Entry form. For Automated Commercial 
System entry summaries the Canadian Province Code should be transmitted 
in lieu of the Country of Origin in positions 6-7 of the A 40 record. 
These requirements would apply only for imports of softwood products 
with Country of Origin Canada. Valid Canadian Province/Territory Codes 
are:

XA--Alberta
XB--New Brunswick
XC--British Columbia

[[Page 15699]]

XM--Manitoba
XN--Nova Scotia
XO--Ontario
XP--Prince Edward Island
XQ--Quebec
XS--Saskatchewan
XT--Northwest Territories
XW--Newfoundland
XY--Yukon Territory

    Dated: March 29, 1996.
Martha Farnsworth Riche,
Director, Bureau of the Census.
[FR Doc. 96-8925 Filed 4-5-96; 4:14 pm]
BILLING CODE 3510-07-P