[Federal Register Volume 67, Number 15 (Wednesday, January 23, 2002)]
[Rules and Regulations]
[Pages 3058-3060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1664]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 10

[T.D. 02--05]
RIN 1515-AC85


Extension of Deadline To File a Wool Duty Refund Claim for Claim 
Year 2000

AGENCY: Customs Service, Department of the Treasury.

ACTION: Interim rule.

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SUMMARY: This document amends the Customs Regulations on an interim 
basis to extend the deadline to file a wool duty refund claim for 
calendar year 2000, as authorized by section 505 of the Trade and 
Development Act of 2000. The regulations currently require that claims 
for a wool duty refund for calendar year 2000, except for certain 
amended claims, should already have been received by Customs by 
December 31, 2001. This deadline is extended until December 31, 2002, 
to reflect the fact that proposed legislation is currently pending 
before Congress which would significantly alter the scope of section 
505 in regard to the amount of payment manufacturers would be eligible 
to receive, as well as the documents that a manufacturer would need to 
file to be entitled to a refund and, in part, because of the 
destruction of records at the New York Customshouse on September 11, 
2001. The deadline extension is also intended to spare manufacturers 
from the filing of unnecessary documentation, again, in part, due to 
the destruction of records in New York. Additionally, Customs is 
amending the regulations to reflect the new Customs location to which 
all wool duty refund documentation should be sent.

DATES: This interim rule is effective January 23, 2002. The deadline to 
file a wool duty refund claim for calendar year 2000 is extended to 
December 31, 2002. Comments must be received on or before February 7, 
2002.

ADDRESSES: Written comments (preferably in triplicate) may be submitted 
to and inspected at the Regulations Branch, Office of Regulations and 
Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd 
Floor, Washington, DC 20229. Wool duty refund documentation should be 
sent to the U.S. Customs Service, Office of Field Operations, Wool Duty 
Refund Unit, 1300 Pennsylvania Avenue, NW., 5th Floor, Washington, DC 
20229.

FOR FURTHER INFORMATION CONTACT: Bruce Ingalls, Chief, Entry and 
Drawback Management (202) 927-1082.

SUPPLEMENTARY INFORMATION:

Background

    On May 18, 2000, President Clinton signed into law the Trade and 
Development Act of 2000 (``the Act''), Public Law 106-200, 114 Stat. 
251. Title V of the Act concerns imports of certain wool articles and 
sets forth provisions intended to provide tariff relief to U.S. 
manufacturers of specific wool products. Within Title V, section 505 
permits eligible U.S. manufacturers to claim a limited refund of duties 
paid on imports of select wool articles.
    On December 26, 2000, Customs published in the Federal Register (65 
FR 81344), as T.D. 01-01, the final rule adding the eligibility, 
documentation and procedural requirements for obtaining a wool duty 
refund to Sec. 10.184 of the Customs Regulations (19 CFR 10.184).
    On April 23, 2001, Customs published in the Federal Register (66 FR 
20392), as T.D.01-33, an interim rule amending Sec. 10.184 regarding 
the description of the wool products that are eligible to provide the 
basis for a wool duty refund and the tariff provisions that eligible 
wool products must be entered under to substantiate a refund.

[[Page 3059]]

Extension of Deadline To File a Wool Duty Refund Claim for Calendar 
Year 2000

    Section 10.184(g) of the Customs Regulations sets forth the 
procedures for filing a wool duty refund claim. Paragraph (g)(1) 
provides, in pertinent part, that all refund claims, whether original 
or amended in the absence of a Customs notice of insufficiency or 
defect, must be received by Customs no later than December 31st of the 
year following the calendar claim year for which a wool duty refund is 
being sought. Therefore, pursuant to the existing regulations, all 
original claims and certain amended claims for calendar year 2000 must 
be received by Customs no later than December 31st, 2001.
    Customs has learned that proposed legislation is currently pending 
before Congress which would significantly alter the scope of section 
505 in regard to the amount of payment manufacturers would be eligible 
to receive, as well as the documents that a manufacturer would need to 
file to be entitled to a refund. For this reason, Customs has opted to 
extend the deadline to file calendar year 2000 claims until December 
31, 2002, in an effort to spare manufacturers seeking refunds from the 
filing of unnecessary documentation.
    If legislation is soon passed by Congress that amends section 505 
to institute new procedures for filing a claim, Customs will publish 
another document in the Federal Register that amends Sec. 10.184 to 
reflect the terms of the legislation, unless the legislation is self-
effectuating. If legislation is not passed in the near future, Customs 
will inform potential claimants how to expedite the refund process 
under current law. In any event, the document published today should 
relieve manufacturers of concern that they must file claims by December 
31st, 2001, to receive refunds for duties that they paid in the year 
2000.

New Customs Address for the Submission of Wool Duty Refund 
Documentation

    Section 10.184(g)(2) directs claimants to submit wool refund claims 
to Customs at the Residual Liquidation and Protest Branch located at 6 
World Trade Center, New York, NY. Due to the events of September 11, 
2001, that address no longer functions as a Customs office. This 
document amends Sec. 10.184(g)(2) to reflect the fact that wool duty 
refund documentation should be submitted to the U.S. Customs Service, 
Office of Field Operations, Wool Duty Refund Unit, 1300 Pennsylvania 
Avenue, NW., 5th Floor, Washington, DC 20229.

Comments

    Before adopting this interim regulation as a final rule, 
consideration will be given to any written comments timely submitted to 
Customs, including comments on the clarity of this interim rule and how 
it may be made easier to understand. Comments submitted will be 
available for public inspection in accordance with the Freedom of 
Information Act (5 U.S.C. 552), Sec. 1.4 of the Treasury Department 
Regulations (31 CFR 1.4), and Sec. 103.11(b) of the Customs Regulations 
(19 CFR 103.11(b)), on regular business days between the hours of 9 
a.m. and 4:30 p.m. at the Regulations Branch, Office of Regulations and 
Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd 
Floor, Washington, DC.

Inapplicability of Prior Public Notice and Comment Procedures and 
Delayed Effective Date

    Because these regulations confer a benefit to the public by 
extending the deadline to file a wool duty refund claim for calendar 
year 2000 and redesignate the location to which such claims should be 
sent, Customs has determined, pursuant to the provisions of 5 U.S.C. 
553(b)(B), that prior public notice and comment procedures on this 
regulation are unnecessary and contrary to the public interest. These 
regulatory amendments inform the public of changes to the procedures 
for filing a wool duty refund claim. For this reason, pursuant to the 
provisions of 5 U.S.C. 553(d)(3), Customs finds that there is good 
cause for dispensing with a delayed effective date.

Executive Order 12866

    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this 
interim regulation, the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) do not apply.

Paperwork Reduction Act

    The collection of information involved in this interim rule has 
already been approved by the Office of Management and Budget (OMB) in 
accordance with the requirements of the Paperwork Reduction Act of 1995 
(44 U.S.C. 3507) and assigned OMB control number 1515-0227. This rule 
does not substantively change the existing approved information 
collection.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid control number assigned by OMB.

Drafting Information

    The principal author of this document was Suzanne Kingsbury, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 10

    Customs duties and inspection, Imports, Reporting and recordkeeping 
requirements, Trade agreements.

Amendments to the Regulations

    For the reasons stated above, 19 CFR part 10 is amended as follows:

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

    1. The general authority citation for part 10 and the specific 
authority for Sec. 10.184 continue to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 22, Harmonized 
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 
1623, 1624, 3314.

* * * * *
    Section 10.184 is also issued under Sec. 505, Pub. L. 106-200, 
114 Stat. 251;
* * * * *


    2. In Sec. 10.184, paragraph (g)(1), the third sentence is amended 
by removing the period after the word ``sought'' and adding the words 
``, with the exception of claims for calendar claim year 2000 which may 
be filed no later than December 31, 2002.''

    3. In Sec. 10.184, paragraph (g)(2) is revised to read as follows:


Sec. 10.184  Refund of duties on certain wool imports.

* * * * *
    (g) * * *
    (2) Place to file. A claim for a refund of duties paid on imports 
of eligible wool products must be submitted to: U.S. Customs Service, 
Office of Field Operations, Wool Duty Refund Unit,

[[Page 3060]]

1300 Pennsylvania Avenue, NW., 5th Floor, Washington, DC 20229.
* * * * *

Robert C. Bonner,
Commissioner of Customs.
    Approved: January 17, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-1664 Filed 1-22-02; 8:45 am]
BILLING CODE 4820-02-P