[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38117-38118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16699]
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DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 315
[Docket No. 180223210-8210-01]
RIN 0625-AB14
Elimination of Regulations Implementing the Automotive Products
Trade Act of 1965
AGENCY: International Trade Administration, U.S. Department of
Commerce.
ACTION: Final rule.
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SUMMARY: Through this final rule, the International Trade
Administration (ITA), U.S. Department of Commerce, removes the
regulations implementing the Automotive Products Trade Act of 1965
(Act). That statute implemented the 1965 Canada-United States
Automotive Products Agreement (Auto Pact). Since the North American
Free Trade Agreement (NAFTA) came into effect in 1994, trade in
automotive products between the United States and Canada is no longer
governed by the Auto Pact or the Act. Implementing regulations for the
Act are thus obsolete and unnecessary.
DATES: This rule is effective August 6, 2019.
FOR FURTHER INFORMATION CONTACT: Scott Kennedy, Office of
Transportation and Machinery, U.S. Department of Commerce, 1401
Constitution Avenue NW, Room 38032, Washington, DC 20230; telephone:
(202) 482-1474.
SUPPLEMENTARY INFORMATION:
Background
In 1965, the United States and Canada entered into the Auto Pact
concerning trade between Canada and the United States in automotive
parts. Under the Auto Pact, the United States agreed to accord duty-
free treatment to imports of certain automotive products of Canada.
Specifically, Annex B of the Auto Pact listed certain kinds of motor
vehicles and fabricated components that would receive duty-free
treatment upon entry into the United States, subject to a limitation
relating to non-Canadian content. Annex B limited the duty-free
treatment of automotive parts upon entry into the United States to
those ``for use as original equipment in the manufacture of motor
vehicles'' described in Annex B.
The United States implemented the Auto Pact through the Automotive
Products Trade Act of 1965, Public Law 89-283 (the Act). The Act gave
the President the authority to proclaim modifications to the Tariff
Schedules of the United States (tariff schedules), as provided in the
Auto Pact. Section 404 of the Act defined the term ``original motor
vehicle equipment'' as an imported Canadian article ``which has been
obtained from a supplier in Canada under or pursuant to a written
order, contract or letter of intent from a bona fide motor-vehicle
manufacturer in the United States, and which is a fabricated component
intended for use as original equipment in the manufacture in the United
States of a motor vehicle.'' The Act directed the Secretary of Commerce
to publish periodically in the Federal Register a list of bona fide
motor-vehicle manufacturers. In 1980, the Department of Commerce
promulgated regulations to establish a procedure by which a person
could apply to be determined to be a bona fide motor-vehicle
manufacturer (15 CFR part 315).
Trade in automobiles and automotive products between the United
States and Canada is now governed by the NAFTA, which went into effect
on January 1, 1994. Imports of the products described in the Auto Pact
and the Act now enter the United States duty-free, with no distinction
based on the nature of the importer. The amendments to the tariff
schedules proclaimed by the President on October 21, 1965, regarding
bona fide motor-vehicle manufacturers, ceased to be relevant when the
NAFTA went into effect. Since that date, no person has applied to be
determined to be a bona fide motor-vehicle manufacturer, and the
Secretary has published no listing in the Federal Register of bona fide
motor-vehicle manufacturers. As a result, the regulations found at 15
CFR part 315 are obsolete and unnecessary.
Classification
This final rule was drafted in accordance with Executive Orders
12866, 13563, and 13771. OMB has determined that this rule is not
significant for purposes of Executive Orders 12866. This final rule to
eliminate 15 CFR part 315 is a deregulatory action under Executive
Order 13771. Since the regulation has not been utilized in almost 25
years, there are no cost savings associated with this elimination.
Administrative Procedure Act and Regulatory Flexibility Act
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and opportunity for public comment on this action, as notice and
comment are unnecessary. This rule removes obsolete regulations that
were superseded by the implementation of the NAFTA, and that will
remain obsolete under the new United States-Mexico-Canada Agreement
(USMCA), once that agreement is implemented. Therefore, public comment
would serve no purpose and is unnecessary. There is also good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of
effectiveness for this final rule. Because this rule does not alter the
rights or responsibilities of any party, delaying implementation of
this rule would serve no purpose.
Because prior notice and opportunity for public comment are not
required pursuant to 5 U.S.C. 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
do not apply. Therefore, a regulatory flexibility analysis has not been
prepared.
Congressional Review Act
This final rule is not major under the Congressional Review Act (5
U.S.C. 801 et seq.).
Executive Order No. 13132
This final rule does not contain policies that have federalism
implications.
[[Page 38118]]
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA)
requires that a Federal agency consider the impact of paperwork and
other information collection burdens imposed on the public and obtain
approval from OMB for each collection of information it conducts,
sponsors, or requires through regulations. Notwithstanding any other
provision of law, no person is required to respond to, nor shall any
person be subject to a penalty for failure to comply with a collection
of information subject to the PRA unless that collection displays a
currently valid OMB Control Number. This final rule does not require
the collection of any information.
List of Subjects in 15 CFR Part 315
Canada, Customs duties and inspection, Imports, Motor vehicles.
Dated: July 22, 2019.
Bart Meroney,
Senior Advisor to the Deputy Assistant Secretary for Manufacturing,
International Trade Administration, U.S. Department of Commerce.
PART 315--[REMOVED AND RESERVED]
0
For the reasons set out in the preamble, and under the authority of 5
U.S.C. 301, we remove and reserve part 315 of title 15 of the Code of
Federal Regulations.
[FR Doc. 2019-16699 Filed 8-5-19; 8:45 am]
BILLING CODE 3510-GT-P