[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 12860-12861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6807]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 141

[T.D. 02-12]
RIN 1515-AD07


Payment of Duties on Certain Steel Products

AGENCY: Customs Service, Department of the Treasury.

ACTION: Temporary rule.

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SUMMARY: This is a temporary rule that requires importers of the steel 
products described in the Presidential Proclamation 7529 of March 5, 
2002, To Facilitate Positive Adjustment to Competition From Imports of 
Certain Steel Products published in the Federal Register (67 FR 10553) 
on March 7, 2002, to defer until April 19, 2002, the deposit of the 
estimated Customs duties described in the Proclamation on those 
products entered, or withdrawn from warehouse for consumption in the 
Customs territory of the United States on or after 12:01 a.m., EST, 
March 20, 2002 and up to April 4, 2002. This temporary rule implements 
an instruction of the President regarding the Presidential 
Proclamation.

EFFECTIVE DATE: This temporary rule is effective at 12:01 a.m. EST, 
March 20, 2002, and expires on April 20, 2002. This temporary rule 
applies to those steel products described in Presidential Proclamation 
7529 of March 5, 2002, To Facilitate Positive Adjustment to Competition 
From Imports of Certain Steel Products published in the Federal 
Register (67 FR 10535) on March 7, 2002, that are entered or withdrawn 
from warehouse for consumption in the Customs territory of the United 
States on or after 12:01 a.m., EST, March 20, 2002 and up to April 4, 
2002.

FOR FURTHER INFORMATION CONTACT: Millie Gleason, Office of Field 
Operations (202) 927-0625.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2002, President George W. Bush signed Presidential 
Proclamation 7529, a proclamation to facilitate positive adjustment to 
competition from imports of certain steel products. The Proclamation, 
which was issued under the President's authority under section 203 of 
the Trade Act of 1974, as amended (19 U.S.C. 2253), established 
increases in duty and a tariff-rate quota on imports of certain steel 
products. These safeguard measures were taken by the President to 
facilitate efforts by the domestic industry to make positive adjustment 
to import competition and provide greater economic and social benefits 
than costs. In the Proclamation, the President provides that if he 
determines within 30 days of the Proclamation that consultations 
between the United States and other World Trade Organization (WTO) 
members pursuant to Article 12.3 of the WTO Agreement on Safeguards 
have revealed a compelling reason to reduce, modify, or terminate a 
safeguard measure, he shall proclaim a corresponding reduction, 
modification, or termination of the safeguard measure.
    In conjunction with the Proclamation, President Bush also sent a 
memorandum dated March 5, 2002, to the Secretary of the Treasury, the 
Secretary of Commerce, and the United States Trade Representative 
requiring action under section 203 of the Trade Act of 1974 (19 U.S.C. 
2253). In that memorandum, the President instructed the Secretary of 
the Treasury, pursuant to section 505(a) of the Tariff Act of 1930 (19 
U.S.C. 1505(a)), to prescribe by regulation a date no later than 45 
days after the date of the memorandum at which estimated duties for the 
steel products described in the Proclamation that are entered or 
withdrawn from warehouse for consumption on or after 12:01 a.m., EST, 
March 20, 2002, and up to the 30th day after the signing of the 
memorandum shall be deposited. The purpose of this deferral of duty is 
to facilitate consultations between the United States and its foreign 
trading partners concerning the President's determination in accordance 
with Article 12.3 of the World Trade Organization Agreement on 
Safeguards.
    The Proclamation and the Memorandum for the Secretary of the 
Treasury, the Secretary of Commerce, and the United States Trade 
Representative were published in the Federal Register (67 FR 10553, 67 
FR 10593) on March 7, 2002. The effective date of the Proclamation is 
March 20, 2002.
    This document sets forth the temporary regulation that the 
President instructed the Secretary of the Treasury to prescribe. It is 
noted that, pursuant to the regulation set forth below, only deposit of 
the duties required pursuant to Presidential Proclamation 7529 is 
deferred. The deferral of deposit of duties is not applicable to 
regular duties, including antidumping and countervailing duties, that 
are owed on the entry of products covered by the Proclamation.

Administrative Procedure Act, Regulatory Flexibility Act and 
Executive Order 12866

    This regulation implements a direction of the President of the 
United States pursuant to his authority under section 203 of the Trade 
Act of 1974, as amended (19 U.S.C. 2253) to take all appropriate and 
feasible action within his power which he determines will facilitate 
efforts by the domestic industry to make a positive adjustment to 
import competition and provide greater economic and social benefits 
than costs. Accordingly, there is good cause that notice and public 
procedure are contrary to the public interest pursuant to 5 U.S.C. 
553(b)(B). For the same reason, and because this temporary rule 
relieves importers from the obligation to deposit estimated duties, a 
delayed effective date is not required pursuant to 5 U.S.C. 553(d)(1) 
and (3). Moreover, because this temporary rule facilitates 
consultations between the United States and its foreign trading 
partners concerning the President's determination in accordance with 
Article 12.3 of the World Trade Organization Agreement on Safeguards, 
this rule involves a foreign affairs function of the United States that 
is exempt from notice and public procedure, as well as a delayed 
effective date, pursuant to 5 U.S.C. 553(a)(1).
    Because no notice of proposed rulemaking is required, this 
temporary rule is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) Nor is this temporary rule a 
``significant regulatory action'' for purposes of E.O. 12866.

List of Subjects in 19 CFR Part 141

    Customs duties and inspection, Entry of merchandise, Release of 
merchandise, Reporting and recordkeeping requirements.

[[Page 12861]]

Amendment to the Regulations

    Part 141, Customs Regulations (19 CFR part 141) is amended as set 
forth below.

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for part 141 and the specific 
authority citation for subpart G continue to read, and a new specific 
authority for Sec. 141.102(f) is added in appropriate numerical order 
to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624; 
46 U.S.C. App. 3, 91.

* * * * *
    Subpart G also issued under 19 U.S.C. 1505;
* * * * *
    Section 141.102(f) also issued under Presidential Proclamation 
7529;

* * * * *

    2. Section 141.102 is amended by adding a new paragraph (f) to read 
as follows:


Sec. 141.102  When deposit of estimated duties, estimated taxes, or 
both not required.

* * * * *
    (f) Steel products described in Presidential Proclamation 7529 of 
March 5, 2002, To Facilitate Positive Adjustment to Competition From 
Imports of Certain Steel Products. An importer of the steel products 
described in Presidential Proclamation 7529 of March 5, 2002, To 
Facilitate Positive Adjustment to Competition From Imports of Certain 
Steel Products published in the Federal Register (67 FR 10553) on March 
7, 2002, must defer until April 19, 2002, the deposit of the estimated 
Customs duties described in the Proclamation on those products entered, 
or withdrawn from warehouse for consumption in the Customs territory of 
the United States on or after 12:01 a.m., EST, March 20, 2002, and up 
to April 4, 2002.

Robert C. Bonner,
Commissioner of Customs.
    Approved: March 18, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-6807 Filed 3-18-02; 11:05 am]
BILLING CODE 4820-02-P