ITA Proposes to Establish Procedures for Importation of Supplies for Emergency Relief Free of AD and CV Duties
The International Trade Administration (ITA) has issued a proposed rule that would add a new 19 CFR Part 358 in order establish procedures for importation of supplies for use in emergency relief work free of antidumping (AD) and countervailing (CV) duties.
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According to the ITA, such supplies would be for use in emergency relief work related to an emergency declared by the President.
Proposed Procedures for Importing Supplies Free of AD/CV Duties
Proposed 19 CFR Part 358 would provide that where the President, acting under 19 USC 1318(a), authorizes the Commerce Secretary (Secretary) to permit the importation of supplies for use in emergency relief work free of AD and CV duties, the Secretary would consider requests for such importation under the following conditions:
Written request would have to be submitted prior to importation. Before importation, a written request would have to be submitted to the Secretary by the person in charge of sending the subject merchandise from the foreign country, or by the person for whose account it will be brought into the U.S.
The request would have to state the AD or CV duty order case number, the producer of the merchandise, a detailed description of the merchandise, current HTS number, price in the U.S., quantity, proposed date of entry, proposed port of entry, mode of transport, destination, use to be made of the merchandise, and any other information the person would like the Secretary to consider.
Secretary would issue instructions to CBP. If the Secretary determines to permit importation of particular merchandise for use in emergency relief work, the Secretary would notify the person who submitted the request and would instruct U.S. Customs and Border Protection (CBP) to allow entry of the merchandise without regard to AD or CV duties.
Exempted merchandise could not be used for other purposes. Any subject merchandise entered under these proposed provisions which is used in the U.S. other than for a purpose contemplated for it by 19 USC 1318(a) may be subject to seizure or other penalty, including under 19 USC 1592.
Merchandise entered for emergency relief will be excluded for calculation of cash deposits. Any subject merchandise entered under these proposed provisions would be subject to the ITA's reporting requirements in its conduct of an AD or CV duty administrative review, however, the ITA would exclude such merchandise from the calculation of assessment and cash deposit rates.
(19 USC 1318(a) provides, among other things, that whenever the President shall by proclamation declare an emergency to exist by reason of a state of war, or otherwise, he may authorize the Secretary of the Treasury to permit the importation free of duty of food, clothing, and medical, surgical, and other supplies for use in emergency relief work. This authority, insofar as it encompasses AD and CV duties, was delegated to the Secretary of Commerce in 1979.)
-written comments must be received not later than July 24, 2006
ITA Proposed Rule (D/N 060602144-6144-01, FR Pub 06/22/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-5612.pdf