[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Proposed Rules]
[Pages 35846-35847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5612]



[[Page 35846]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 358

[Docket No. 060602144-6144-01]
RIN 0625-AA71


Procedures for Importation of Supplies for Use in Emergency 
Relief Work

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (``the Department'') proposes to 
establish procedures for importation of supplies for use in emergency 
relief work free of antidumping or countervailing duties, as authorized 
under section 318(a) of the Tariff Act of 1930, as amended (``the 
Act'') (19 U.S.C. 1318(a)). Such supplies would be for use in emergency 
relief work related to an emergency declared by the President.

DATES: To be assured of consideration, written comments must be 
received not later than July 24, 2006.

ADDRESSES: A signed original and two copies of each set of comments, 
including reasons for any recommendation, should be submitted to David 
M. Spooner, Assistant Secretary for Import Administration, Central 
Records Unit, Room 1870, U.S. Department of Commerce, 1401 Constitution 
Avenue, NW., Washington, DC 20230; attention: Proposed Procedures for 
Importation of Supplies for Use in Emergency Relief Work. Any comments 
on the collection-of-information requirements also should be submitted 
to OMB at The Office of Information and Regulatory Affairs, OMB, 
Washington, DC 20503, attention: ITA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Stacy J. Ettinger, Office of the Chief 
Counsel for Import Administration, Room 3622, U.S. Department of 
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230; 
telephone: (202)482-4618.

SUPPLEMENTARY INFORMATION:

Background

    Section 318(a) of the Act (19 U.S.C. 1318(a)) gives the Secretary 
of the Treasury authority, on a temporary basis, to respond immediately 
where the President declares the existence of an emergency. 
Specifically, the Secretary may ``permit * * * the importation free of 
duty of * * * supplies for use in emergency relief work.'' This 
authority, insofar as it encompasses antidumping and countervailing 
duties, was delegated to the Secretary of Commerce in 1979, pursuant to 
Reorg. Plan No. 3 of 1979.\1\ Consistent with the Reorg. Plan, we have 
proposed this rule in consultation with the Department of Treasury. The 
proposed rule, if adopted, would establish procedures for importation 
of supplies for use in emergency relief work free of antidumping or 
countervailing duties, as authorized under section 318(a) of the Act.
---------------------------------------------------------------------------

    \1\ All functions of the Secretary of Treasury under this 
provision, with respect to the AD/CVD functions, were transferred to 
Commerce pursuant to Reorg. Plan No. 3 of 1979, to be exercised in 
consultation with the Secretary of the Treasury. Reorg. Plan No. 3 
is set out as notes under 19 U.S.C.A. Sec.  2171. Authority under 
section 318 of the Act was transferred to Commerce under section 
5(a)(1)(E) of the Reorg. Plan.
---------------------------------------------------------------------------

Explanation of Proposed Rule

Section 358.101

    Section 358.101 sets forth the scope of Part 358, procedures for 
importation of supplies for use in emergency relief work free of 
antidumping or countervailing duties, as authorized under section 
318(a) of the Act.

Section 358.102

    Section 358.102 sets forth the definition of terms that are used in 
part 358.

Section 358.103

    Section 358.103 sets forth the procedures for importation of 
supplies for use in emergency relief work free of antidumping or 
countervailing duties.
    Where the President, acting under section 318 of the Act, 
authorizes the Secretary to permit the importation of supplies for use 
in emergency relief work , the Secretary will consider a request for 
importation free of antidumping or countervailing duties under the 
conditions set forth in paragraph (a). Paragraph (a)(1) requires that a 
request be in writing, identifies persons that may submit a request, 
indicates the number of copies required for filing, and states that a 
request must be filed with the Department's Central Records Unit. 
Paragraph (a)(2) identifies the information required to be provided in 
a request.
    Paragraph (b) provides that if the Secretary determines to permit 
importation of particular merchandise free of antidumping or 
countervailing duties, the Secretary will notify the person who 
submitted the request and instruct Customs to allow entry of the 
merchandise without regard to antidumping or countervailing duties.
    Paragraph (c) indicates possible penalties where merchandise 
entered for use in emergency relief work is used in the United States 
for some other purpose. The merchandise may be subject to seizure or 
other penalty, including under section 592 of the Act (19 U.S.C. 1592).
    Paragraph (d) clarifies that, although merchandise entered for use 
in emergency relief work is subject to Department reporting 
requirements in antidumping or countervailing administrative reviews, 
such merchandise will be excluded from the calculation of assessment 
and cash deposit rates.

Classification

E.O. 12866

    This proposed rule has been determined to be not significant under 
E.O. 12866.

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for a 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 Office of Management and Budget (OMB) 
control number. This proposed rule involves collection-of-information 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35. These requirements have been sent to OMB for approval. The public 
reporting burden for this collection of information is estimated at 10 
total burden hours. This time is an estimate of the time required to 
complete a request for importation, review instructions, search 
existing data sources, gather and maintain the data needed, and 
complete and review the collection of information. Send comments on the 
reporting burden estimate or any other aspect of the information 
requirements in this proposed rule to David M. Spooner, Assistant 
Secretary for Import Administration, Central Records Unit, room 1870, 
U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, 
DC 20230, attention: Proposed Procedures for Importation of Supplies 
for Use in Emergency Relief Work; and to OMB at The Office of 
Information and Regulatory Affairs, OMB, Washington, DC 20503, 
attention: ITA Desk Officer.

E.O. 12612

    This proposed rule does not contain federalism implications 
warranting the preparation of a Federalism Assessment.

[[Page 35847]]

Regulatory Flexibility Act

    The Chief Counsel for Regulation at the Department certified to the 
Chief Counsel for Advocacy, Small Business Administration that this 
rule, if promulgated, would not have a significant economic impact on a 
substantial number of small entities.
    The Department proposes to establish procedures for importation of 
supplies free of antidumping or countervailing duties if those supplies 
are to be used in emergency relief work, as authorized under section 
318(a) of the Tariff Act of 1930, as amended (``the Act'') (19 U.S.C. 
1318(a)). Section 318(a) of the Act gives the Secretary of the Treasury 
authority, on a temporary basis, to respond immediately where the 
President declares the existence of an emergency. Specifically, the 
Secretary may ``permit * * * the importation free of duty of * * * 
supplies for use in emergency relief work.'' This authority, insofar as 
it encompasses antidumping and countervailing duties, was delegated to 
the Secretary of Commerce in 1979. Section 318(a) of the Act authorizes 
the Secretary to take action ``under such regulations as the Secretary 
may prescribe.'' This proposed action prescribes such regulations. This 
proposed action only addresses the procedures for importation of 
supplies for emergency relief work free of antidumping and 
countervailing duties.
    The Department is unable to estimate the number of small entities 
that will be affected by this rule as the Department does not collect 
this information; nor is the Department able to predict the types of 
entities that would apply for importation of supplies for use in 
emergency relief work free of antidumping or countervailing duties. 
However, there is the possibility that this rule would impact some 
number of small entities. Although the number of small entities that 
may impacted is unknown, this rule would not impose a significant 
economic impact. This rule merely sets up the process persons would use 
to request importation of supplies for use in emergency relief work 
free of antidumping or countervailing duties. The exemption of certain 
goods from liability for antidumping or countervailing duties will not 
result in a significant economic impact because the exempted goods 
would be gifts contributed to, or goods sold for, the specific purpose 
of providing emergency relief. Because the purpose of these provisions 
is targeted specifically for emergency relief and not for mass 
consumption, this rule would not have a significant economic impact on 
a substantial number of small entities.

List of Subjects in 19 CFR Part 358

    Administrative practice and procedure, Antidumping duties, Business 
and industry, Countervailing duties, Emergency powers, Reporting and 
recordkeeping requirements.

    Dated: June 16, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
    For the reasons stated, 19 CFR part 358 is proposed to be added to 
read as follows:

PART 358--SUPPLIES FOR USE IN EMERGENCY RELIEF WORK

Sec.
358.101 Scope.
358.102 Definitions.
358.103 Importation of supplies.

    Authority: 19 U.S.C. 1318(a).


Sec.  358.101  Scope.

    This part sets forth the procedures for importation of supplies for 
use in emergency relief work free of antidumping or countervailing 
duties, as authorized under section 318(a) of the Act.


Sec.  358.102  Definitions.

    For purposes of this part:
    Act means the Tariff Act of 1930, as amended.
    Customs means the Bureau of Customs and Border Protection of the 
United States Department of Homeland Security.
    Department means the United States Department of Commerce.
    Order means an order issued by the Secretary under section 303, 
section 706, or section 736 of the Act.
    Secretary means the Secretary of Commerce or a designee.
    Supplies for use in emergency relief work means supplies for use in 
emergency relief work related to the emergency declared by the 
President.


Sec.  358.103  Importation of supplies.

    (a) Where the President, acting under section 318 of the Act, 
authorizes the Secretary to permit the importation of supplies for use 
in emergency relief work free of antidumping and countervailing duties, 
the Secretary shall consider requests for such importation under the 
following conditions:
    (1) Before importation, a written request shall be submitted to the 
Secretary by the person in charge of sending the subject merchandise 
from the foreign country, or by the person for whose account it will be 
brought into the United States. Three copies of the request should be 
submitted to the Secretary of Commerce, Attention: Import 
Administration, Central Records Unit, Room 1870, U.S. Department of 
Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230.
    (2) The request shall state the Department antidumping or 
countervailing duty order case number, the producer of the merchandise, 
a detailed description of the merchandise, current HTS number, price in 
the United States, quantity, proposed date of entry, proposed port of 
entry, mode of transport, destination, use to be made of the 
merchandise, and any other information the person would like the 
Secretary to consider.
    (b) If the Secretary determines to permit importation of particular 
merchandise for use in emergency relief work, the Secretary will notify 
the person who submitted the request and instruct Customs to allow 
entry of the merchandise without regard to antidumping or 
countervailing duties.
    (c) Any subject merchandise entered under paragraph (b) of this 
section which is used in the United States other than for a purpose 
contemplated for it by section 318(a) of the Act may be subject to 
seizure or other penalty, including under section 592 of the Act.
    (d) Any subject merchandise entered under paragraph (b) of this 
section is subject to the Department's reporting requirements in its 
conduct of an antidumping or countervailing duty administrative review, 
however, the Department will exclude such merchandise from the 
calculation of assessment and cash deposit rates.

[FR Doc. 06-5612 Filed 6-21-06; 8:45 am]
BILLING CODE 3510-DS-P