[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Pages 34856-34857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13527]
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DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 303
DEPARTMENT OF THE INTERIOR
Office of Insular Affairs
[Docket No. 080306383-8384-01]
RIN 0625-AA78
Changes in the Insular Possessions Watch, Watch Movement and
Jewelry Programs 2006; Corrections
AGENCY: Import Administration, International Trade Administration,
Department of Commerce; Office of Insular Affairs, Department of the
Interior.
ACTION: Final rule.
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SUMMARY: The Departments of Commerce and the Interior (the
Departments) issue this rule to amend their regulations governing
jewelry duty-refund benefits for producers in the United States insular
possessions (the U.S. Virgin Islands, Guam, American Samoa and the
Commonwealth of the Northern Mariana Islands) published on April 5,
2007 (72 FR 16713). This amendment is needed to correct the formula for
the calculation of the jewelry duty-refund, in accordance with Public
Law 108-429.
DATES: This rule is effective June 19, 2008.
FOR FURTHER INFORMATION CONTACT: Faye Robinson, Director, Statutory
Import Programs Staff at (202) 482-3526.
SUPPLEMENTARY INFORMATION: The Departments of Commerce and the
Interior (the Departments) published a document in the Federal Register
on April 5, 2007 (72 FR 16712), amending their regulations governing
watch duty-exemption allocations and the watch and jewelry duty-refund
benefits for producers in the United States insular possessions (the
U.S. Virgin Islands, Guam, American Samoa and the Commonwealth of the
Northern Mariana Islands). That document inadvertently provided an
incorrect formula for the calculation of the jewelry duty-refund in
sections 303.15(b), 303.20(b)(1) and 303.20(b)(2). This document
corrects the final regulations by revising the unit thresholds in the
mid-year duty-refund benefit calculation to reflect the correct
amounts. The unit thresholds are amended by replacing the amounts in
sections 303.20(b)(1)(ii), (b)(1)(ii) and (b)(1)(iii) from 450,000;
600,000 and 750,000 to 3,533,334; 6,766,667 and 10,000,000,
respectively. This rule also corrects the final regulations by revising
the calculation and unit thresholds in the annual duty-refund benefit
calculation to reflect the correct formula and amounts. The unit
thresholds are amended by replacing the amounts in sections
303.20(b)(2)(ii), (b)(2)(ii) and (b)(2)(iii) from 450,000; 600,000 and
750,000 to 3,533,334; 6,766,667 and 10,000,000 respectively.
Classification
Administrative Procedure Act
The International Trade Administration (ITA) finds good cause under
5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
comment as it is impracticable and contrary to the public interest.
This final rule amends the regulations governing jewelry duty-refund
benefits for producers in the United States insular possessions. A
previously published rule inadvertently provided an incorrect formula
and unit thresholds for the calculation of the jewelry duty-refund in
sections 303.15(b), 303.20(b)(1) and (b)(2). This document corrects the
final regulations by revising these sections to be consistent with
ITA's statutory mandate to provide duty-refund benefits as provided in
Public Law 106-36 and 108-429. If this amendment is not implemented
immediately, the correct formula and maximum unit thresholds would not
be in place when the Departments calculate the amount of the duty-
refund in July 2008. In order to have the correct formula and unit
thresholds in place by the time the refund is calculated, it is
necessary to implement this rule immediately.
[[Page 34857]]
Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable.
Paperwork Reduction Act
This final rule does not contain collection-of-information
requirements subject to review and approval by OMB under the Paperwork
Reduction Act (PRA). 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 Paperwork Reduction Act unless that collection displays a valid
OMB Control Number.
Executive Order 12866
It has been determined that this rule is not significant for
purposes of Executive Order 12866.
Executive Order 13132
This rule does not contain policies with federalism implications as
that term is defined in Executive Order 13132.
List of Subjects in 15 CFR Part 303
Administrative practice and procedure, American Samoa, Customs
duties and inspection, Guam, Imports, Marketing quotas, Northern
Mariana Islands, Reporting and recordkeeping requirements, Virgin
Islands, Watches and jewelry.
0
Accordingly, 15 CFR Part 330 is corrected by making the following
correcting amendments: For reasons set forth above, the Departments
amend 15 CFR Part 303 as follows:
PART 303--WATCHES, WATCH MOVEMENTS AND JEWELRY PROGRAM
0
1. The authority citation for 15 CFR Part 303 continues to read as
follows:
Authority: Pub. L. 97-446, 96 Stat. 2331(19 U.S.C. 1202, note);
Pub. L. 103-465, 108 Stat. 4991; Pub. L. 94-241, 90 Stat. 263 (48
U.S.C. 1681, note); Pub. L. 106-36, 113 Stat.167; Pub. L. 108-429,
118 Stat. 2582.
Sec. 303.15 [Amended]
0
2. Section 303.15 is amended by removing ``750,000'' from the second
sentence of paragraph (b) and adding ``10,000,000'' in its place.
0
3. Section 303.20(b) is revised to read as follows:
Sec. 303.20 Duty-refund calculations and miscellaneous provisions.
* * * * *
(b) Calculation of the value of the mid-year production incentive
certificates.
(1) The value of each producer's certificate shall equal the
producer's average creditable wage per unit shipped during the first
six months of the calendar year multiplied by the sum of:
(i) The number of units shipped up to 300,000 units times a factor
of 90%; plus
(ii) Incremental units shipped up to 3,533,334 units times a factor
of 85%; plus
(iii) Incremental units shipped up to 6,766,667 units times a
factor of 80%; plus
(iv) Incremental units shipped up to 10,000,000 units times a
factor of 75%.
(2) Calculation of the value of the annual production incentive
certificates. The value of each producer's certificate shall equal the
producer's average creditable benefit per unit based on creditable
wages, health insurance, life insurance and pension benefits averaged
from the amount of duty free units shipped during the calendar year
multiplied by the sum of the following to obtain the total verified
amount of the annual duty-refund per company. This amount would then be
adjusted by deducting the amount of the mid-year duty-refund already
issued.
(i) The number of units shipped up to 300,000 units times a factor
of 90%; plus
(ii) Incremental units shipped up to 3,533,334 units times a factor
of 85%; plus
(iii) Incremental units shipped up to 6,766,667 units times a
factor of 80%; plus
(iv) Incremental units shipped up to 10,000,000 units times a
factor of 75%.
* * * * *
Dated: June 5, 2008.
Carole Showers,
Acting Deputy Assistant Secretary for Policy and Negotiations,
Department of Commerce.
Stephen Sander,
Acting Director, Office of Insular Affairs, Import Administration,
Department of Interior.
[FR Doc. E8-13527 Filed 6-18-08; 8:45 am]
BILLING CODE 3510-DS-M(50%); 4310-93-M(50%)