[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR335.3]

[Page 52-53]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER III--INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 335_IMPORTS OF WORSTED WOOL FABRIC--Table of Contents
 
Sec.  335.3  Applications to receive allocation.

    (a) In each year prior to a Tariff Rate Quota Year, the Department 
will cause to be published a Federal Register notice soliciting 
applications to receive an allocation of the Tariff Rate Quotas.
    (b) An application for a Tariff Rate Quota allocation must be 
received, or postmarked by the U.S. Postal Service, within 30 calendar 
days after the date of publication of the Federal Register notice 
soliciting applications.
    (c) During the calendar year of the date of the application, an 
applicant must have cut and sewed in the United States all three of the 
following apparel products: Worsted Wool Suits, Worsted Wool Suit-Type 
Jackets, and Worsted Wool Trousers. The applicant may either have cut 
and sewn these products on its own behalf or had another person cut and 
sew the products on the applicant's behalf, provided the applicant owned 
the fabric at the time it was cut and sewn. The application must contain 
a statement to this effect.
    (d) An applicant must provide the following information in the 
format set forth in the application form provided by the Department:
    (1) Identification. Applicant's name, address, telephone number, fax 
number, and federal tax identification number; name of person submitting 
the application, and title, or capacity in which the person is acting 
for the applicant.
    (2) Production. Name and address of each plant or location where 
Worsted Wool Suits, Worsted Wool Suit-Type Jackets, and Worsted Wool 
Trousers were cut and sewn by the applicant and the name and address of 
all plants or locations that cut and sewed such products on behalf of 
the applicant. Production data, including the following: the quantity 
and value of the Worsted Wool Suits, Worsted Wool Suit-Type Jackets, and 
Worsted Wool Trousers cut and sewn in the United States by applicant, or 
on behalf of applicant, from fabric owned by applicant. This data must 
indicate actual production (not estimates) of Worsted Wool Suits, 
Worsted Wool Suit-Type Jackets and Worsted Wool Trousers containing at

[[Page 53]]

least 85 percent worsted wool fabric by weight with an average diameter 
of 18.5 microns or less. This data must also indicate actual production 
(not estimates) of Worsted Wool Suits, Worsted Wool Suit-Type Jackets 
and Worsted Wool Trousers containing at least 85 percent worsted wool 
fabric by weight with average diameter greater than 18.5 microns. 
Production data must be provided for the first six months of the year of 
the application. This data will be annualized for the purpose of making 
Tariff Rate Quota allocations.
    (3) 2000 Production Data. For applications for the 2001 Tariff Rate 
Quota Year, if production data is not available by micron count, the 
following method of estimating micron count will be accepted: To 
estimate production of Worsted Wool Suits, Worsted Wool Suit-Type 
Jackets and Worsted Wool Trousers made from worsted wool fabric with 
average diameter 18.5 microns or less, use a value of $8.50 per square 
meter (f.o.b. plant) or more for such garments made from domestic fabric 
and $12.50 per square meter (c.i.f. duty paid landed value) or more for 
such garments made from imported fabric. To estimate production of such 
garments made from worsted wool fabric with average diameter greater 
than 18.5 microns, use a value of less than $8.50 per square meter 
(f.o.b. plant) for such garments made from domestic fabric and less than 
$12.50 (c.i.f. duty paid landed value) per square meter for such 
garments made from imported fabric.
    (4) Worsted Wool Fabric. Data indicating the quantity and value of 
the Worsted Wool Fabric used in reported production.
    (5) Certification. A statement by the applicant (if a natural 
person), or on behalf of applicant, by an employee, officer or agent, 
with personal knowledge of the matters set out in the application, 
certifying that the information contained therein is complete and 
accurate, signed and sworn before a Notary Public, and acknowledging 
that false representations to a federal agency may result in criminal 
penalties under federal law.
    (e) Confidentiality. Any business confidential information provided 
pursuant to this section that is marked business confidential will be 
kept confidential and protected from disclosure to the full extent 
permitted by law.
    (f) Record Retention: The applicant shall retain records 
substantiating the information provided in Sec.  335.3(d)(2), (3), and 
(4) for a period of 3 years and the records must be made available upon 
request by an appropriate U.S. government official.