Published 60 Day Federal Register Notice

Panama Commercial Avail Pub 60 day FR 2016-03971.pdf

Interim Procedures for Considering Requests under the Commercial Availability Provision of the United States-Panama Trade Promotion Agreement

Published 60 Day Federal Register Notice

OMB: 0625-0273

Document [pdf]
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices

sidewall, certifying that the tire conforms to
applicable motor vehicle safety standards.
Subject tires may also have one of the
following suffixes in their tire size
designation, which also appear on the
sidewall of the tire:
TR—Identifies tires for service on trucks or
buses to differentiate them from similarly
sized passenger car and light truck tires;
MH—Identifies tires for mobile homes; and
HC—Identifies a 17.5 inch rim diameter
code for use on low platform trailers.
All tires with a ‘‘TR,’’ ‘‘MH,’’ or ‘‘HC’’
suffix in their size designations are covered
by this investigation regardless of their
intended use.
In addition, all tires that lack one of the
above suffix markings are included in the
scope, regardless of their intended use, as
long as the tire is of a size that is among the
numerical size designations listed in the
‘‘Truck-Bus’’ section of the Tire and Rim
Association Year Book, as updated annually,
unless the tire falls within one of the specific
exclusions set out below.
Truck and bus tires, whether or not
mounted on wheels or rims, are included in
the scope. However, if a subject tire is
imported mounted on a wheel or rim, only
the tire is covered by the scope. Subject
merchandise includes truck and bus tires
produced in the subject country whether
mounted on wheels or rims in the subject
country or in a third country. Truck and bus
tires are covered whether or not they are
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope of
this investigation are the following types of
tires: (1) Pneumatic tires, of rubber, that are
not new, including recycled and retreaded
tires; and (2) non-pneumatic tires, such as
solid rubber tires.
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4520, 4011.99.4590, 4011.99.8520,
4011.99.8590, 8708.70.4530, 8708.70.6030,
and 8708.70.6060.
While HTSUS subheadings are provided
for convenience and for customs purposes,
the written description of the subject
merchandise is dispositive.
[FR Doc. 2016–04063 Filed 2–24–16; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Interim Procedures
for Considering Requests Under the
Commercial Availability Provision of
the United States-Panama Trade
Promotion Agreement (U.S.-Panama
TPA)
International Trade
Administration.
ACTION: Notice.
AGENCY:

On behalf of the Committee
for the Implementation of Textile
Agreements (CITA), the Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before April 25, 2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Laurie Mease, Office of
Textiles and Apparel, Telephone: 202–
482–2043, Email: Laurie.Mease@
trade.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
Title II, Section 203(o) of the United
States-Panama Trade Promotion
Agreement Implementation Act (the
‘‘Act’’) [Pub. L. 112–43] implements the
commercial availability provision
provided for in Article 3.25 of the
United States-Panama Trade Promotion
Agreement (the ‘‘Agreement’’). The
Agreement entered into force on
October 31, 2012. Subject to the rules of
origin in Annex 4.1 of the Agreement,
pursuant to the textile provisions of the
Agreement, fabric, yarn, and fiber
produced in Panama or the United
States and traded between the two
countries are entitled to duty-free tariff
treatment. Annex 3.25 of the Agreement
also lists specific fabrics, yarns, and
fibers that the two countries agreed are
not available in commercial quantities
in a timely manner from producers in
Panama or the United States. The items

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listed in Annex 3.25 are commercially
unavailable fabrics, yarns, and fibers.
Articles containing these items are
entitled to duty-free or preferential
treatment despite containing inputs not
produced in Panama or the United
States.
The list of commercially unavailable
fabrics, yarns, and fibers may be
changed pursuant to the commercial
availability provision in Chapter 3,
Article 3.25, Paragraphs 4–6 of the
Agreement. Under this provision,
interested entities from Panama or the
United States have the right to request
that a specific fabric, yarn, or fiber be
added to, or removed from, the list of
commercially unavailable fabrics, yarns,
and fibers in Annex 3.25 of the
Agreement.
Pursuant to Chapter 3, Article 3.25,
paragraph 6 of the Agreement, which
requires that the President publish
procedures for parties to exercise the
right to make these requests, Section
203(o)(4) of the Act authorizes the
President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Panama as set out in Annex
3.25 of the Agreement. The President
delegated the responsibility for
publishing the procedures and
administering commercial availability
requests to the Committee for the
Implementation of Textile Agreements
(‘‘CITA’’), which issues procedures and
acts on requests through the U.S.
Department of Commerce, Office of
Textiles and Apparel (‘‘OTEXA’’) (See
Proclamation No. 8894, 77 FR 66507,
November 5, 2012).
The intent of the U.S.-Panama TPA
Commercial Availability Procedures is
to foster the use of U.S. and regional
products by implementing procedures
that allow products to be placed on or
removed from a product list, on a timely
basis, and in a manner that is consistent
with normal business practice. The
procedures are intended to facilitate the
transmission of requests; allow the
market to indicate the availability of the
supply of products that are the subject
of requests; make available promptly, to
interested entities and the public,
information regarding the requests for
products and offers received for those
products; ensure wide participation by
interested entities and parties; allow for
careful review and consideration of
information provided to substantiate
requests and responses; and provide
timely public dissemination of
information used by CITA in making
commercial availability determinations.
CITA must collect certain information
about fabric, yarn, or fiber technical

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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
specifications and the production
capabilities of Panamanian and U.S.
textile producers to determine whether
certain fabrics, yarns, or fibers are
available in commercial quantities in a
timely manner in the United States or
Panama, subject to Section 203(o) of the
Act.
II. Method of Collection
Participants in a commercial
availability proceeding must submit
public versions of their Requests,
Responses or Rebuttals electronically
(via email) for posting on OTEXA’s Web
site. Confidential versions of those
submissions which contain business
confidential information must be
delivered in hard copy to the Office of
Textiles and Apparel (OTEXA) at the
U.S. Department of Commerce.
III. Data
OMB Control Number: 0625–0273.
Form Number(s): N/A.
Type of Review: Regular submission.
Affected Public: Business or for-profit
organizations.
Estimated Number of Respondents:
16.
Estimated Time per Response: 8 hours
per Request, 2 hours per Response, and
1 hour per Rebuttal.
Estimated Total Annual Burden
Hours: 89.
Estimated Total Annual Cost to
Public: $5,340.

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IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: February 19, 2016.
Glenna Mickelson,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2016–03971 Filed 2–24–16; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Interim Procedures
for Considering Requests From the
Public for Textile and Apparel
Safeguard Actions on Imports From
Panama
International Trade
Administration (ITA).
ACTION: Notice.
AGENCY:

On behalf of the Committee
for the Implementation for Textile
Agreements (CITA), the Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before April 25, 2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at jjessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Laurie Mease, Office of
Textiles and Apparel, U.S. Department
of Commerce, Telephone: 202–482–
2043, Email: Laurie.Mease@trade.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
Title III, Subtitle B, Section 321
through Section 328 of the United
States-Panama Trade Promotion
Agreement Implementation Act (the
‘‘Act’’) [Pub. L. 112–43] implements the
textile and apparel safeguard provisions,
provided for in Article 3.24 of the
United States-Panama Trade Promotion
Agreement (the ‘‘Agreement’’). This
safeguard mechanism applies when, as
a result of the elimination of a customs
duty under the Agreement, a
Panamanian textile or apparel article is
being imported into the United States in
such increased quantities, in absolute
terms or relative to the domestic market
for that article, and under such
conditions as to cause serious damage or
actual threat thereof to a U.S. industry
producing a like or directly competitive
article. In these circumstances, Article
3.24 permits the United States to
increase duties on the imported article

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from Panama to a level that does not
exceed the lesser of the prevailing U.S.
normal trade relations (NTR)/mostfavored-nation (MFN) duty rate for the
article or the U.S. NTR/MFN duty rate
in effect on the day the Agreement
entered into force.
The Statement of Administrative
Action accompanying the Act provides
that the Committee for the
Implementation of Textile Agreements
(CITA) will issue procedures for
requesting such safeguard measures, for
making its determinations under
Section 322(a) of the Act, and for
providing relief under section 322(b) of
the Act.
In Proclamation No. 8894 (77 FR
66507, November 5, 2012), the President
delegated to CITA his authority under
Subtitle B of Title III of the Act with
respect to textile and apparel safeguard
measures.
CITA must collect information in
order to determine whether a domestic
textile or apparel industry is being
adversely impacted by imports of these
products from Panama, thereby allowing
CITA to take corrective action to protect
the viability of the domestic textile
industry, subject to section 322(b) of the
Act.
Pursuant to Section 321(a) of the Act
and Paragraph (7) of Presidential
Proclamation 8894, an interested party
in the U.S. domestic textile and apparel
industry may file a request for a textile
and apparel safeguard action with CITA.
Consistent with longstanding CITA
practice in considering textile safeguard
actions, CITA will consider an
interested party to be an entity (which
may be a trade association, firm,
certified or recognized union, or group
of workers) that is representative of
either: (A) A domestic producer or
producers of an article that is like or
directly competitive with the subject
Panamanian textile or apparel article; or
(B) a domestic producer or producers of
a component used in the production of
an article that is like or directly
competitive with the subject
Panamanian textile or apparel article.
In order for a request to be
considered, the requestor must provide
the following information in support of
a claim that a textile or apparel article
from Panama is being imported into the
United States in such increased
quantities, in absolute terms or relative
to the domestic market for that article,
and under such conditions as to cause
serious damage or actual threat thereof,
to a U.S. industry producing an article
that is like or directly competitive with
the imported article: (1) Name and
description of the imported article
concerned; (2) import data

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