[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Page 30373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13052]
[[Page 30373]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Docket Number: 100419191-0191-01]
RIN 0625-XA06
Elimination of Form ITA--362P, Information on Articles for
Physically or Mentally Handicapped Persons Imported Duty-Free
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice.
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SUMMARY: Through this action, the Department of Commerce's
International Trade Administration (ITA) notifies the public that Form
ITA-362P, which importers of articles for the handicapped were required
to complete in order to receive duty-free treatment, has been
discontinued as of May 31, 2010. Form ITA-362P has been eliminated
because the majority of the information obtained through this form is
currently available to ITA through Customs and Border Protection's
(CBP) Automated Commercial System (ACS), and therefore the form has
become redundant. ITA reserves its right to request information from
importers in addition to that available through an ACS data query, in
the case that it must perform an adverse impact assessment pursuant to
section Sec. 1121(g) of the Omnibus Trade and Competitiveness Act of
1988.
ADDRESSES: Copies of this notice can be obtained from ITA at 1401
Constitution Ave., NW., Room 3720, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Questions about this notice can be
directed to Callie Conroy at 202-482-0754 or via the Internet at
[email protected].
Background: On May 21, 1952, the Agreement on the Important of
Educational, Scientific and Cultural Materials (17 UST 1835; TIAS 6129;
131 UNTS 25), otherwise known as the ``Florence Agreement,'' entered
into force at the United Nations. Pursuant to the Florence Agreement,
signatories agreed to allow the duty-free treatment of goods that were
determined to facilitate the free exchange of knowledge and ideas. In
1976, the ``Nairobi Protocol,'' a supplementary agreement to the
Florence Agreement, expanded the scope of the Florence Agreement to
include duty-free treatment of imports of articles for the use or
benefit of physically or mentally handicapped persons, as well as for
the blind.
To enact the Florence Agreement, including the Nairobi Protocol, in
1982, Congress passed the Educational, Scientific, and Cultural
Materials Act of 1982 (Pub. L. 97-446, 96 Stat. 2346), which provided
for duty-free treatment of ``[a]rticles specially designed or adapted
for the use or benefit of the blind or other physically or mentally
handicapped persons.'' This provision was implemented by Presidential
Proclamation 5021, dated February 14, 1983 (48 FR 6883). In 1988, the
Congress re-enacted the provisions implementing the Nairobi Protocol in
Sec. 1121 of the Omnibus Trade and Competitiveness Act of 1988 (``the
Act''), Public Law 100-418, 102 Stat. 1107, as amended by section
9001(a)(17) of the Technical and Miscellaneous Revenue Act of 1988,
Public Law 100-647. Section 1121 of the Act, along with Presidential
Proclamation 5978 (54 FR 21187, May 12, 1989), implemented the Nairobi
Protocol under subheadings 9817.00.92, 9817.00.94, and 9817.00.96, of
the Harmonized Tariff Schedule of the United States (HTSUS), and became
effective on January 1, 1989.
Section 1121(g) of the Act gives the President the ability to
modify the tariff treatment of articles for the handicapped in the
event that such treatment creates a ``significant adverse impact on a
domestic industry (or a portion thereof) manufacturing or producing a
like or directly competitive article.'' The law directs the Secretaries
of the Treasury (who at the time was the head of the U.S. Customs
Service) and of Commerce to collect ``adequate statistical
information'' in the case that a determination under Sec. 1121(g)
needs to be made. See Section 1121 (i) of the Act.
To implement Sec. 1121(i) of the Act, ITA created and issued Form
ITA-362P, Information on Articles for Physically or Mentally
Handicapped Persons Imported Free of Duty. Through this form, ITA
collects statistical information on duty-free imports of handicapped
equipment. In order to obtain duty-free treatment for handicapped
articles, importers were required to submit a paper copy of Form ITA-
362P to both CBP and to ITA. The form required that the importer, inter
alia, describe the imported articles, and indicate the HTSUS chapter
subheading applicable to the import.
However, in reviewing the continued necessity of its forms,
pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, ITA has
determined that most of the information it required of importers
through Form ITA-362P can be obtained through CBP's ACS. Further,
pursuant to a Memorandum of Understanding between ITA and CBP, ITA has
access to this information through a data query of the ACS, thus
satisfying its responsibilities under Sec. 1121(i) of the Act.
Accordingly, ITA has determined that Form ITA-362P can be discontinued.
ITA notes that despite the discontinuance of Form ITA-362P, imports
under this provision are still subject to the applicable laws and
requirements for customs entry. Additionally, ITA reserves its right to
request additional information from importers in the case that it must
perform an adverse impact assessment pursuant to section Sec. 1121(g)
of the Act. Thus, if ITA finds that it requires additional information
(apart from that available under an ACS query) to perform an adverse
impact assessment, importers requesting duty-free treatment under this
provision may be required to provide ITA with additional information
e.g., the type of entity that is purchasing or importing the article,
and the ultimate disposition of the article.
Dated: May 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13052 Filed 5-28-10; 8:45 am]
BILLING CODE 3510-DS-P