[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Proposed Rules]
[Pages 36318-36320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17485]
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DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket No. 960606162-6162]
RIN 0607-AA21
Collection of Canadian Province of Origin Information on Customs
Entry Records
AGENCY: Bureau of the Census, Commerce.
ACTION: Notice of proposed rulemaking and request for comments.
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SUMMARY: The Bureau of the Census (Census) intends to direct the U.S.
Customs Service (Customs) to begin collecting information on Canadian
Province of Origin for imports from Canada. This information would be
required for all U.S. imports that originate in Canada, except for
imports of softwood lumber products that already require information on
Canadian Province of Manufacture. This action is taken to fulfill the
requirements of the 1987 agreement between the United States and Canada
under which the countries agreed to replace their requirements for
reporting export data by substituting exchanged import information.
DATES: Written comments must be submitted on or before September 9,
1996.
ADDRESSES: Direct all written comments on this proposed rulemaking to
the Director, Bureau of the Census, Room 2049, Federal Building 3,
Washington, D.C. 20233. Direct all written comments on the paperwork
burden of the collection of information contained in this proposed rule
to the Office of Information and Regulatory Affairs of OMB, Washington,
D.C. 20503 Attention: Desk Officer for Customs.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to C. Harvey Monk, Jr., Bureau of the Census,
Washington, D.C. 20233, by telephone on (301) 457-2255 or by fax on
(301) 457-2645. For information on the specific Customs reporting
requirements contact: J. Edgar Nichols, U.S. Customs Service, Room
6216, 1301 Constitution Avenue, N.W., Washington, D.C. 20229, by
telephone on(202) 927-1426 or by fax on (202) 927-0165.
SUPPLEMENTARY INFORMATION:
Background
Effective in January 1990, the United States and Canada each
replaced their requirements for reporting export data by agreeing to
substitute exchanged import information. This substitution of exchanged
import information allowed the countries to eliminate the requirements
that exporters in both countries provide separate export information on
the millions of shipments crossing the U.S./Canada border each year. A
Memorandum of Understanding (MOU) implementing the exchange was signed
by the United States and Canada on July 29, 1987.
Under the terms of the MOU, the United States and Canada agreed to
collect several new data elements on their respective import records.
These elements while improving both countries' statistical data and
allowing elimination of export reporting are also essential to the
administration of the North American Free Trade Agreement. One of the
data elements that the United States agreed to collect is the Canadian
Province of Origin where the specific goods exported to the United
States were produced. Census has attempted in the past to derive this
information from related information now reported on Customs entry
records as part of the required Identification of the Foreign
Manufacturer. The quality of this derived information, however, has
proven unsatisfactory. In many cases the Province currently reported
does not identify the location where the goods were manufactured/
assembled, mined, grown, or otherwise produced. Instead, it represents
a corporate headquarters or the location of the Canadian vendor.
Proposed Requirement
In order to comply with the MOU, Census asks Customs to require the
two-letter designation of the Canadian Province of Origin to be
reported on U.S. entry summary records in lieu of the Country of
Origin. The Province of Origin is defined as the province where the
exported goods were originally manufactured/assembled, grown, mined, or
otherwise produced. For goods manufactured/assembled in Canada, with
the exception of softwood lumber, the Province of Origin would be that
in which the final manufacture/assembly is performed prior to exporting
that product to the United States. In cases where the Province in which
the merchandise was manufactured/assembled, grown, mined, or produced
is unknown, the Province in which the Canadian vendor is located may be
reported.
For all shipments of softwood lumber products classified under U.S.
Harmonized System tariff items 4407.1000, 4409.1010, 4409.1090, or
4409.1020, the Census Bureau began, effective April 5, 1996, to require
information on Canadian Province of Manufacture. This requirement was
made to allow the United States to carry out the requirements of an
agreement concluded with Canada on the amount of softwood lumber
exported to the United States annually. Since Canadian Province of
Manufacture is already required for these softwood lumber products, the
requirements proposed in this notice do not apply.
The reporting of the Province of Origin will apply to the paper as
well as Automated Broker Interface (ABI) entry summaries. For those
reporting on paper forms, the Province of Origin code is to replace the
Country of Origin on the Customs Form (CF) 7501 Summary Entry form.
This requirement would apply only for imports with Country of Origin
from Canada.
All electronic ABI Entry Summaries for imports originating in
Canada would also require the new Canadian Province of Origin code to
be reported in lieu of the Country of Origin. Currently the Country of
Origin is transmitted for each entry summary line item in the A40
record positions 6-7.
Proposed Collection
For imports from Canada only, the Province of Origin Code replaces
Country of Origin on the CF 7501, Summary Entry form and in positions
6-7 of the ABI A40 electronic record.
[[Page 36319]]
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 (13 U.S.C. 301). This legislation
authorizes the Secretary of Commerce to collect from persons importing
into or exporting from the United States necessary or appropriate
information to foster, promote, develop, and further the commerce,
domestic and foreign, of the United States.
Paperwork Reduction Act
The collection of information on Canadian Province of Origin
supplements information currently required on the Customs paper form CF
7501 and the ABI automated electronic reporting form A40 for specific
softwood lumber imports from Canada. The new collection contained in
this Notice of Proposed Rulemaking has been submitted to the OMB by
Customs for review under Section 3507(d) of the Paperwork Reduction Act
of 1995, 44 U.S.C. 3507(d). For copies of the OMB submission, contact
J. Edgar Nichols, U.S. Customs Service, Room 6216, 1301 Constitution
Avenue, N.W., Washington, D.C. 20229-0001, by telephone on (202) 927-
1426 or by fax (202) 927-0165.
Title: Customs Form 7501 Summary Entry Form and the Electronic ABI
Entry Summaries A40 Record.
OMB Number: 1515-0065.
Form Numbers: CF 7501 and CF 7501A and the automated counterpart,
the A40 record.
Type of Review: Regular Submission.
Affected Public: Approximately 150 Northern Border entry filers
with imports from Canada.
Estimated Time Per Response: We anticipate no increase in the
current 22-minute estimate to prepare the CF 7501 and 7501A Entry
Summary forms or the electronic counterpart, the Automated Commercial
System (ACS) A40 record. Province of Origin is currently available to
importers and the Province of Origin codes will replace the Country of
Origin code currently being collected.
Estimated Total Annual Burden Hour Increase: None.
Estimated Record Keeping Time Increase: None.
Estimated Total Annual Cost Increase: None.
Comments are solicited on Customs' need for this information, the
accuracy of the provided burden estimate, ways to enhance the quality
of the information to be collected and any suggested methods for
minimizing respondents' burden. Persons wishing to comment on this
collection of information should direct their comments to the Office of
Information and Regulatory Affairs of OMB, Attention: Desk Officer for
Customs. Comments must be filed with OMB within 60 days after this
notice is published in the Federal Register.
Rulemaking Requirements
This rule is exempt from all requirements of section 553 of the
Administrative Procedure Act because it deals with a foreign affairs
function (5 U.S.C. 553 (a)(1)). However, this rule is being published
as a proposed rule with an opportunity for public comment because of
the importance of the issues raised by this rulemaking.
Because a notice of proposed rulemaking is not required by 5 U.S.C.
553 or any other law, a Regulatory Flexibility Analysis is not required
and has not been prepared (5 U.S.C. 603 (a)).
This rule is exempt from the requirements of Executive Order 12866.
This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
List of Subjects in 15 CFR Part 30
Economic statistics, Foreign trade, Imports, Reporting and record
keeping requirements.
For the reasons set out in the preamble, it is proposed that Part
30 be amended as follows:
PART 30--FOREIGN TRADE STATISTICS REGULATIONS
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 Camp., 1004); Department of Commerce
Organization Order No. 35-2A. August 4, 1975, 40 CFR 42765
Subpart F--Special Provisions for Particular Types of Import
Transactions
2. Section 30.80 is revised to read as follows:
Sec. 30.80 Imports from Canada.
(a) 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
ACS entry summaries, the Canadian Province Code should be transmitted
in lieu of the Country of Origin in positions 6-7 of the A40 records.
These requirements would apply only for imports of softwood products
with Country of Origin Canada.
(b) All other imports from Canada, including softwood lumber
products not covered in paragraph (a) of this section, will require the
two-letter designation of the Canadian Province of Origin to be
reported on U.S. entry summary records. The Province of Origin is
defined as the Province where the exported goods were originally
manufactured/assembled, grown, mined, or otherwise produced. For goods
manufactured/assembled in Canada with the exception of the softwood
lumber described in paragraph (a) of this section, the Province of
Origin is that in which the final manufacture/assembly is performed
prior to exporting that product to the United States. In cases where
the province in which the merchandise was manufactured/assembled,
grown, mined, or produced is unknown, the province in which the
Canadian vendor is located can be reported. For those reporting on
paper forms the Province of Origin code is proposed to replace the
country of origin on the CF 7501 Summary Entry form.
(c) All electronic ABI Entry Summaries for imports originating in
Canada would also require the new Canadian Province of Origin code to
be reported in lieu of the Country of Origin. Currently, the Country of
Origin is transmitted for each entry summary line item in the A 40
record positions 6-7.
(d) The Province of Origin code replaces Country of Origin only for
imports from Canada.
Valid Canadian Province/Territory Codes are:
[[Page 36320]]
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
Dated: July 3, 1996.
Bryant Benton,
Deputy Director, Bureau of the Census
[FR Doc. 96-17485 Filed 7-9-96; 8:45 am]
BILLING CODE 3510-07-P