20392 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows:

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33,

97.35 [Amended]

By amending § 97.23 VOR, VOR/DME,

VOR or TACAN, and VOR/DME or

TACAN; § 97.25 LOC, LOC/DME, LDA,

LDA/DME, SDF, SDF/DME; § 97.27

NDB, NDB/DME; § 97.29 ILS, ILS/DME,

ISMLS, MLS, MLS/DME, MLS/RNAV;

§ 97.31 RADAR SIAPs; § 97.33 RNAV

SIAPs; and § 97.35 COPTER SIAPs,

identified as follows:

Effective May 17, 2001

Dothan, AL, Dothan Regional, RNAV

(GPS) RWY 14, Orig

Dothan, AL, Dothan Regional, RNAV

(GPS) RWY 18, Orig

Emmonak, AK, Emmonak, RNAV (GPS)

RWY 16, Orig

Emmonak, AK, Emmonak, RNAV (GPS)

RWY 34, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 3, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 11L, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 11R, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 21, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 29L, Orig

Tucson, AZ, Tucson Intl, RNAV (GPS)

RWY 29R, Orig

Boise, ID, Boise Air Terminal (Gowen

Field), RNAV (GPS) RWY 10R, Orig

Boise, ID, Boise Air Terminal (Gowen

Field), RNAV (GPS) RWY 10L, Orig

Boise, ID, Boise Air Terminal (Gowen

Field), RNAV (GPS) RWY 28L, Orig

Boise, ID, Boise Air Terminal (Gowen

Field), GPS RWY 10L, Orig-A,

(CANCELLED)

Boise, ID, Boise Air Terminal (Gowen

Field), GPS RWY 28L, Amdt 1C,

(CANCELLED)

Rockford, IL, Greater Rockford, NDB

RWY 1, Amdt 25C

Rockford, IL, Greater Rockford, RNAV

(GPS) RWY 1, Orig

Rockford, IL, Greater Rockford, RNAV

(GPS) RWY 7, Orig

Rockford, IL, Greater Rockford, RNAV

(GPS) Y RWY 19, Orig

Rockford, IL, Greater Rockford, RNAV

(GPS) Z RWY 19, Orig

Rockford, IL, Greater Rockford, RNAV

(GPS) Y RWY 25, Orig

Rockford, IL, Greater Rockford, RNAV

(GPS) Z RWY 25, Orig

Toledo, OH, Toledo Express, NDB RWY

7, Amdt 24B

Toledo, OH, Toledo Express, VOR/DME

RNAV RWY 16, Amdt 5B

Toledo, OH, Toledo Express, VOR/DME

RWY 34, Amdt 7A

Toledo, OH, Toledo Express, RNAV

(GPS) RWY 7, Orig

Toledo, OH, Toledo Express, RNAV

(GPS) RWY 16, Orig

Toledo, OH, Toledo Express, RNAV

(GPS) RWY 25, Orig

Toledo, OH, Toledo Express, RNAV

(GPS) RWY 34, Orig

Effective June 14, 2001

Bay City, TX, Bay City Muni, NDB RWY

13, Amdt 4

Fulton, NY, Oswego County, VOR RWY

33, Amdt 5

Fulton, NY, Oswego County, GPS RWY

24, Orig, CANCELLED

Fulton, NY, Oswego County, RNAV

(GPS) RWY 24, Orig

Effective July 12, 2001

Bethel, AK, Bethel, RNAV (GPS) RWY

18, Orig

Bethel, AK, Bethel, RNAV (GPS) RWY

36, Orig

Bethel, AK, Bethel, GPS RWY 18, OrigA (CANCELLED)

Bethel, AK, Bethel, GPS RWY 36, OrigA (CANCELLED)

Deland, FL, Deland Muni-Sidney H

Taylor Field, NDB OR GPS RWY 30,

Amdt 1A, CANCELLED

Panama City, FL, Panama City-Bay

County Intl, RNAV (GPS) RWY 5, Orig

Panama City, FL, Panama City-Bay

County Intl, RNAV (GPS) RWY 14,

Orig

Panama City, FL, Panama City-Bay

County Intl, RNAV (GPS) RWY 23,

Orig

Panama City, FL, Panama City-Bay

County Intl, RNAV (GPS) RWY 32,

Orig

Peoria, IL, Greater Peoria Regional,

RNAV (GPS) RWY 4, Orig

Peoria, IL, Greater Peoria Regional,

RNAV (GPS) RWY 13, Orig

Peoria, IL, Greater Peoria Regional,

RNAV (GPS) RWY 31, Orig

Baton Rouge, LA, Baton Rouge

Metroplitan Ryan Field, NDB OR GPS

RWY 13, Amdt 24

Baton Rouge, LA, Baton Rouge

Metroplitan Ryan Field, ILS RWY 13,

Amdt 26

Wilmington, NC, Wilmington Intl,

RNAV (GPS) RWY 6, Orig

Wilmington, NC, Wilmington Intl,

RNAV (GPS) RWY 17, Orig

Wilmington, NC, Wilmington Intl,

RNAV (GPS) RWY 24, Orig

Wilmington, NC, Wilmington Intl,

RNAV (GPS) RWY 35, Orig

Wilmington, NC, Wilmington Intl, GPS

RWY 6, Amdt 1A

Wilmington, NC, Wilmington Intl, GPS

RWY 24, Amdt 1A

Ruidoso, NM, Sierra Blanca Regional,

NDB RWY 24, Amdt 1B

(CANCELLED)

McAlester, OK, McAlester Regional,

LOC RWY 1, Amdt 4

McAlester, OK, McAlester Regional,

NDB RWY 1, Amdt 3

McAlester, OK, McAlester Regional,

VOR/DME RWY 19, Amdt 2

Charlottesville, VA, ChalottesvilleAlbermarle, RNAV (GPS) RWY 3,

Amdt 1

Pasco, WA, Tri-Cities, VOR/DME RWY

30, Amdt 2

Pasco, WA, Tri-Cities, RNAV (GPS)

RWY 30, Orig

Appleton, WI, Outagamie County

Regional, VOR/DME RWY 21, Orig-C

Appleton, WI, Outagamie County

Regional, NDB RWY 3, Amdt 14E

Appleton, WI, Outagamie County

Regional, RNAV (GPS) RWY 3, Orig

Appleton, WI, Outagamie County

Regional, RNAV (GPS) RWY 11, Orig

Appleton, WI, Outagamie County

Regional, RNAV (GPS) RWY 21, Orig

Appleton, WI, Outagamie County

Regional, RNAV (GPS) RWY 29, Orig

[FR Doc. 01–9882 Filed 4–20–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 10

[T.D. 01–33]

RIN 1515–AC85

Amendment to Wool Duty Refund

Program

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Interim rule; solicitation of

comments.

SUMMARY: This document amends the

Customs Regulations on an interim basis

regarding the refund of duties paid on

imports of certain wool products

pursuant to section 505 of the Trade and

Development Act of 2000. Principally,

this document amends the final rule

published in the Federal Register on

December 26, 2000, regarding the

description of the types of wool

products that are eligible to provide the

basis for a wool duty refund for claim

year 2000. This interim rule is necessary

to accurately reflect the scope of section

505. This document also sets forth the

tariff provisions that eligible wool

products must be entered under in each

of claim years 2000, 2001 and 2002 to

substantiate a duty refund. These

amendments reflect changes to the

Harmonized Tariff Schedule by the

Annex to Presidential Proclamation

7383. Other amendments involve nonVerDate 11<MAY>2000 15:52 Apr 20, 2001 Jkt 194001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM pfrm10 PsN: 23APR1
Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations 20393

substantive editorial changes and the

correction of typographical errors. Due

to the changes to the final rule, Customs

is reopening the time period within

which to file an original or amended

letter of intent to file a wool duty refund

claim.

DATES: This interim rule is effective

April 23, 2001. Letters of intent to file

a wool duty refund claim, whether

original or amended, must be received

by Customs no later than May 8, 2001.

Comments must be received on or

before June 22, 2001.

ADDRESSES: Written comments

(preferably in triplicate) should be

submitted to and inspected at the

Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1300 Pennsylvania Avenue,

N.W., 3rd Floor, Washington, D.C.

20229.

FOR FURTHER INFORMATION CONTACT:

Bruce Ingalls, Chief, Entry and

Drawback Management (202) 927–1082.

SUPPLEMENTARY INFORMATION:

Background

On May 18, 2000, President Clinton

signed into law the Trade and

Development Act of 2000 (‘‘the Act’’),

Public Law 106–200, 114 Stat. 251. Title

V of the Act concerns imports of certain

wool articles and sets forth provisions

intended to provide tariff relief to U.S.

manufacturers of specific wool

products. Within Title V, section 505

permits eligible U.S. manufacturers to

claim a limited refund of duties paid on

imports of select wool articles.

On December 26, 2000, Customs

published in the Federal Register (65

FR 81344), as T.D. 01–01, the final rule

setting forth the eligibility,

documentation and procedural

requirements regarding Customs

issuance of refunds of the duties paid on

imports of certain wool products. The

final regulation was added to the

Customs Regulations at § 10.184 (19

CFR 10.184), effective January 25, 2001.

Since the publication of T.D. 01–01, it

has come to Customs attention that

certain tariff subheadings identified in

§ 10.184 of the Customs Regulations (19

CFR 10.184) do not accurately reflect

the scope of section 505 in regard to the

wool products that may substantiate a

duty refund for claim year 2000. This

document amends these regulatory

provisions so as to conform to the terms

of the statute.

This document also amends § 10.184

to reflect the new tariff provisions for

certain worsted wool fabrics and wool

yarns added to the Harmonized Tariff

Schedule of the United States (HTSUS)

by the Annex to Presidential

Proclamation 7383, published in the

Federal Register on December 6, 2000

(65 FR 76551), effective with respect to

goods entered, or withdrawn from

warehouse for consumption, on or after

January 1, 2001. These new HTSUS

tariff provisions affect the

administration of the wool duty refund

program in that they provide the basis

for a wool duty refund for claim years

2001 and 2002, and replace certain

HTSUS subheadings identified in the

tariff provisions created in sections 501

and 502 that provide the basis for a

wool duty refund for claim year 2000.

Additionally, this document corrects

several typographical errors and makes

non-substantive editorial changes to

§ 10.184.

The amendments, corrections and

editorial changes are described below.

Scope of Section 505 in Regard to the

Wool Products That Are Eligible to

Provide the Basis for a Wool Duty

Refund

Section 505 provides that wool

products ‘‘of the kind’’ described in

HTSUS subheadings 9902.51.11,

9902.51.12, 9902.51.13 or 9902.51.14

are eligible to provide the basis for a

wool duty refund for claim years 2000,

2001 and 2002. These 9902 subheadings

were created in sections 501 and 502,

and were added to the HTSUS on

January 1, 2001.

In § 10.184, paragraphs (c), (d), (f) and

(g) provide that certain wool products

‘‘of the kind’’ described in the chapter

51, HTSUS, tariff provisions cited in the

9902, HTSUS, subheadings created in

sections 501 and 502, may be used to

substantiate a wool duty refund for

claim year 2000. For claim years 2001

and 2002, the current regulations

correctly reference wool products ‘‘of

the kind’’ described in the 9902,

HTSUS, subheadings created in sections

501 and 502. For claim year 2000,

however, the current regulations do not

accurately reflect the scope of section

505 in that the chapter 51, HTSUS, tariff

provisions referenced therein are

broader than the 9902, HTSUS,

subheadings because the latter are

subject to additional statutory

conditions. In this regard, it is noted

that the heading texts to HTSUS

provisions 5112.11.20 and 5112.19.90

do not contain the statutory condition

that the wool fabrics must be ‘‘certified

by the importer as suitable for use in

making suits, suit-type jackets, or

trousers,’’ as is found in the heading

texts to 9902.51.11 and 9902.51.12.

Also, the heading texts to HTSUS

provisions 5107.10.00 (wool yarn) and

5101.11, 5101.19, 5101.21, 5101.29,

5101.30, 5103.10, 5103.20, 5104.00,

5105.21 and 5105.29 (wool fiber and

top) do not contain limiting micron

criteria, as do the heading texts to

9902.51.13 and 9902.51.14.

For this reason, paragraphs (c), (d), (f)

and (g) in § 10.184 are amended to

accurately reflect the scope of section

505 by providing that wool products of

the kind described in HTSUS

subheadings 9902.51.11, 9902.51.12,

9902.51.13 and 9902.51.14 provide the

basis for a wool duty refund for claim

years 2000, 2001 and 2002.

It should be noted that section 505

does not require that eligible wool

products be entered under these 9902,

HTSUS, subheadings. Customs is of the

view that use of the statutory

construction ‘‘of the kind’’ in section

505(a), (b) and (c) reflects Congress’

intent to permit wool products entered

under the chapter 51, HTSUS,

subheadings identified in the tariff

provisions created in sections 501 and

502 to be used to substantiate a wool

duty refund claim for all three claim

years, so long as the products entered

under these chapter 51 tariff provisions

are ‘‘of the kind’’ described in the

relevant 9902, HTSUS, subheadings set

forth in section 505. The fact that the

relevant 9902, HTSUS, subheadings

were not in effect in the tariff schedule

until January 1, 2001, supports the view

that Congress could not have intended

to require entry under these tariff

provisions.

Amendments To Conform § 10.184 to

Section 505

To reflect the scope of section 505 in

regard to the types of wool products that

are eligible to provide the basis for a

wool duty refund claim, the following

amendments are required to the

regulatory text:

(1) Within § 10.184, paragraphs (c)(1),

(c)(2) and (c)(3) are amended to reflect

that for all three claim years section 505

authorizes limited refunds of the duties

paid on entries of wool products of the

kind described in HTSUS subheadings

9902.51.11, 9902.51.12, 9902.51.13 or

9902.51.14; and

(2) Within § 10.184, the following

paragraphs are amended to reflect that

the referenced wool products must be

‘‘of the kind’’ described in HTSUS

subheadings 9902.51.11, 9902.51.12,

9902.51.13 or 9902.51.14: (d)(2)(i)(D)(1);

(d)(2)(ii) (affidavit item 1); (d)(3)(i)(E)(1);

(d)(3)(ii) (affidavit item 1); (f); (g)(3)(iii);

(g)(3)(iii)(A); (g)(3)(iv) (affidavit item 1);

and (g)(3)(vi) (affidavit item 1).

20394 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations

Amendments to § 10.184 To Reflect

Additions to the HTSUS Effected by the

Annex to Presidential Proclamation

7383

The Annex to Presidential

Proclamation 7383 provides for the

following HTSUS subheading

substitutions, effective on or after

January 1, 2001:

• 5112.11.20 is replaced by

subheadings 5112.11.30 and 5112.11.60;

• 5112.19.90 is replaced by

subheadings 5112.19.60 and 5112.19.95;

and

• 5107.10.00 is replaced by

subheading 5107.10.30.

Because of these substitutions, it is

necessary to clarify which chapter 51,

HTSUS, tariff provisions may provide

the basis for a wool duty refund for each

claim year. To that end, it is noted that

the chapter 51, HTSUS, subheadings

cited in the heading text to HTSUS

subheading 9902.51.14 were not

replaced by the Annex, and remain

eligible to provide the basis for a wool

duty refund for claim years 2000, 2001

and 2002. Those tariff provisions that

were replaced in the HTSUS by the

Annex are only eligible to provide the

basis for a wool duty refund claim for

claim year 2000. The new tariff

provisions added to the HTSUS by the

Annex that replace the chapter 51

subheadings identified in the heading

texts to the chapter 99, HTSUS, tariff

provisions created in sections 501 and

502 are eligible to provide the basis for

a wool duty refund claim for claim years

2001 and 2002. The 9902, HTSUS,

subheadings identified in section 505

are eligible to provide the basis for a

wool duty refund for claims years 2001

and 2002.

Accordingly, to reflect the language of

Presidential Proclamation 7383, within

§ 10.184, paragraphs (f), (g)(3)(iii)(E) and

(F), and (g)(3)(iv) (affidavit items 5(a)

and 5(b)) are amended to reflect the

additions to the HTSUS implemented

by the proclamation and to specify the

chapter 51 HTSUS subheadings that are

eligible to substantiate a wool duty

refund claim for each claim year.

Clarifications to § 10.184

To enhance the clarity of the final

regulation, the following amendments

are made to the regulatory text:

(1) Within § 10.184, paragraphs (c)(1),

(c)(2) and (c)(3) are amended to include

the tariff heading texts for the 9902

HTSUS subheadings cited in section

505;

(2) Within § 10.184, paragraphs (c)(1),

(c)(2) and (c)(3) are amended to include

the chapter 51, HTSUS, subheadings

under which eligible wool products

must be entered in calendar year 1999;

(3) Within § 10.184, paragraphs (c)(1),

(c)(2) and (c)(3) are amended by adding

the adjective ‘‘U.S.’’ before the word

‘‘manufacturer’’ in the first sentence of

each of these provisions;

(4) Within § 10.184, paragraph (c)(1) is

amended by adding the term ‘‘imported

or’’ before the word ‘‘purchased’’ at the

end of the first sentence;

(5) Within § 10.184, paragraphs (c)(2)

and (c)(3) are amended by adding the

term ‘‘to the manufacturer’’ after the

word ‘‘refunded’’ in the second sentence

of each provision;

(6) Within § 10.184, the following

paragraphs are amended to clarify under

which HTSUS tariff provisions eligible

wool products must be entered in

specific calendar years for purposes of

substantiating a wool duty refund claim:

(d)(2); (d)(2)(i)(A); (d)(2)(i)(D)(2);

(d)(2)(i)(D)(5); (d)(2)(ii) (affidavit item

2); (d)(2)(ii) (affidavit item 5(a));

(d)(2)(iii)(A); (d)(2)(iv) (affidavit item 1);

(d)(3); (d)(3)(i)(A); (d)(3)(i)(E)(2);

(d)(3)(ii) (affidavit item 2); and (d)(3)(ii)

(affidavit item 5); (f); (g)(3)(iii)(E) and

(F); (g)(3)(iv) (affidavit items 5(a) and

5(b));

(7) Within § 10.184, the following

paragraphs are amended to clarify that

the term ‘‘fabric’’ referenced therein is

worsted wool fabric of the kind

described in HTSUS subheadings

9902.51.11 or 9902.51.12 and, where

appropriate, to clarify that such fabric

may be entered under HTSUS

subheadings 5112.11.20, 5112.19.90,

5112.11.30, 5112.11.60, 5112.19.60 or

5112.19.95 in specific calendar claim

years: (f); (g)(3)(iii)(E) and (F); and

(g)(3)(iv) (affidavit items 5(a) and 5(b));

(8) Within § 10.184, the following

paragraphs are amended by removing

the word ‘‘attests’’ and adding the word

‘‘certifies’’ in its place to clarify that the

affidavit serves as the claimant’s

certification, for purposes of this

section, that the subject worsted wool

fabric has an average fiber diameter of

a particular micron and that the fabric

is suitable for use in making men’s or

boys’ suits, suit-type jackets, or trousers:

(d)(2)(ii) (affidavit item 6); (d)(2)(iv)

(affidavit item 5); (d)(3)(ii) (affidavit

item 6); (g)(3)(ii) (affidavit item 7);

(g)(3)(iv) (affidavit item 6); and (g)(3)(vi)

(affidavit item 6);

(9) Within § 10.184, paragraph

(d)(2)(iii)(C) is amended by inserting the

word ‘‘such’’ before the word ‘‘fabric’’ in

the tenth line of the paragraph to clarify

that the referenced fabric is worsted

wool fabric of the kind described in

(d)(2)(iii)(A) as corrected. The same

amendment is made to paragraph

(d)(2)(iv) (affidavit item 3);

(10) Within § 10.184, the last sentence

in paragraph (d)(4), and paragraphs

(d)(4)(i), (ii) and (iii), require rewording

to clarify and simplify the regulatory

text describing the required content of a

letter of intent where the manufacturer

is both an importer and a purchaser of

eligible worsted wool fabric;

(11) Within § 10.184, the following

paragraphs are amended to clarify that

the relevant time frame is not a specific

claim year or the ‘‘current calendar

year’’, but rather ‘‘the calendar year for

which a duty refund is sought’’:

(g)(3)(i)(A); (g)(3)(ii) (affidavit item 1);

(g)(3)(iii)(A), (B), (E) and (F); (g)(3)(iv)

(affidavit items 2, 5(a) and 5(b));

(g)(3)(v)(A) and (C); and (g)(3)(vi)

(affidavit item 3);

(12) Within § 10.184, the following

paragraphs are amended to clarify that

the referenced eligible wool products

need to have been imported in calendar

year 1999, but the duties need not have

been paid in calendar year 1999:

(d)(2)(i)(D)(5); (d)(2)(ii) (affidavit items

5(a) and 5(b)); (d)(2)(iii)(C); (d)(2)(iv)

(affidavit item 3); (d)(3)(i)(E)(5); (d)(3)(ii)

(affidavit item 5); and (e); and

(13) As a result of the changes

described in item (12) above, Customs is

reopening the time to file a letter of

intent and/or an amended letter of

intent. Section 10.184(d)(6) is amended

by changing the date that a

manufacturer’s letter of intent must be

received by Customs from March 31,

2001, until May 8, 2001.

Typographical Errors and NonSubstantive Editorial Changes

Several typographical errors and

editorial changes require the following

corrections to the regulatory text:

(1) Within § 10.184, in paragraph (b),

the third word ‘‘for’’ is removed and the

word ‘‘of’’ is added in its place;

(2) Within § 10.184, the duplicative

term ‘‘duty refund’’ at the end of

paragraph (g)(3)(viii) is removed;

(3) Within § 10.184, in paragraphs

(d)(2)(i)(D)(1) and (d)(3)(i)(E)(1), the

word ‘‘fabric’’ is added after the word

‘‘wool’;

(4) Within § 10.184, in paragraph

(d)(2)(iii)(C), the word ‘‘duty’’ is

removed and the word ‘‘duties’’ is

added in its place;

(5) Within § 10.184, the following

paragraphs are corrected by removing

the word ‘‘is’’ and adding in its place

the term ‘‘is/was’’: (d)(2)(iv) (affidavit

item 1); (g)(3)(i)(A); (g)(3)(ii) (affidavit

item 1); (g)(3)(iii)(A); (g)(3)(iv) (affidavit

item 1); and (g)(3)(vi) (affidavit item 1);

(6) Within § 10.184, the following

paragraphs are corrected to reflect the

redesignations made in paragraph (f):

(g)(3)(i)(A); (g)(3)(ii)(affidavit item 1);

and (g)(3)(viii);

Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations 20395

(7) Within § 10.184, paragraphs

(d)(3)(i)(B) and (C) are corrected by

removing the term ‘‘(d)(2)(i)(A)’’ and

adding in its place ‘‘(d)(3)(i)(A)’’;

(8) Within § 10.184, paragraphs

(d)(3)(i)(E)(3) and (4) are corrected by

removing the term ‘‘(d)(3)(i)(D)(2)’’ and

adding in its place ‘‘(d)(3)(i)(E)(2)’’; and

(9) Within § 10.184, paragraph (e) is

corrected by removing the term ‘‘(d)(5)’’

and adding in its place ‘‘(d)(6)’’.

Because of the number of changes to

the final rule published in the Federal

Register on December 26, 2000, § 10.184

is republished in its entirety in this

document.

Comments

Before adopting this interim

regulation as a final rule, consideration

will be given to any written comments

timely submitted to Customs, including

comments on the clarity of this interim

rule and how it may be made easier to

understand. Comments submitted will

be available for public inspection in

accordance with the Freedom of

Information Act (5 U.S.C. 552), § 1.4 of

the Treasury Department Regulations

(31 CFR 1.4), and § 103.11(b) of the

Customs Regulations (19 CFR

103.11(b)), on regular business days

between the hours of 9 a.m. and 4:30

p.m. at the Regulations Branch, Office of

Regulations and Rulings, U.S. Customs

Service, 1300 Pennsylvania Avenue,

NW., 3rd Floor, Washington, DC.

Inapplicability of Prior Public Notice

and Comment Procedures

Customs has determined, pursuant to

the provisions of 5 U.S.C. 553(b)(B), that

prior public notice and comment

procedures on this regulation are

unnecessary and contrary to the public

interest. These regulations serve to align

the Customs Regulations to section 505

of Title V of the Trade and Development

Act of 2000, which went into effect May

18, 2000. The regulatory amendments

inform the public of a change to the

eligibility, documentation and

procedural requirements necessary to

substantiate a wool duty refund for

claim year 2000, whereby eligible wool

products must be of the kind described

in HTSUS subheadings 9902.51.11,

9902.51.12, 9902.51.13 or 9902.51.14.

Manufacturers eligible to receive these

refunds need to know the amended

requirements for applying for refunds as

soon as possible. For these same

reasons, pursuant to the provisions of 5

U.S.C. 553(d)(3), Customs finds that

there is good cause for dispensing with

a delayed effective date.

Executive Order 12866

This document does not meet the

criteria for a ‘‘significant regulatory

action’’ as specified in Executive Order

12866.

Regulatory Flexibility Act

Because no notice of proposed

rulemaking is required for these interim

regulations, the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) do not apply.

Paperwork Reduction Act

The collection of information

involved in this interim rule has already

been approved by the Office of

Management and Budget (OMB) in

accordance with the requirements of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507) and assigned OMB control

number 1515–0227. This rule does not

propose any substantive change to the

existing approved information

collection.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information

displays a valid control number

assigned by OMB.

Drafting Information

The principal author of this document

was Suzanne Kingsbury, Regulations

Branch, Office of Regulations and

Rulings, U.S. Customs Service.

However, personnel from other offices

participated in its development.

List of Subjects in 19 CFR Part 10

Customs duties and inspection,

Imports, Reporting and recordkeeping

requirements, Trade agreements.

Amendments to the Regulations

For the reasons stated in the

preamble, 19 CFR part 10 is amended as

follows:

PART 10—ARTICLES CONDITIONALLY

FREE, SUBJECT TO A REDUCED

RATE, ETC.

1. The general authority citation for

part 10 and the specific authority for

§ 10.184 continue to read as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 22, Harmonized Tariff Schedule of the

United States), 1321, 1481, 1484, 1498, 1508,

1623, 1624, 3314.

* * * * *

Section 10.184 is also issued under Sec.

505, Pub. L. 106–200, 114 Stat. 251;

* * * * *

2. A new center heading is added

entitled ‘‘Wool Duty Refunds’’ before

§ 10.184.

3. Section 10.184 is revised to read as

follows:

§ 10.184 Refund of duties on certain wool

imports.

(a) General. Section 505 of Title V of

Pub. L. 106–200 (114 Stat. 251), entitled

the Trade and Development Act of 2000,

authorizes the President to refund

duties paid on imports of eligible wool

products. The statute permits eligible

importing-manufacturers and, in certain

circumstances, manufacturers who are

not importers, to apply for a refund of

duties paid on imports of eligible wool

products in each of three succeeding

years. Claimants are eligible for a refund

of duties paid on imports of eligible

wool products in each of calendar years

2000, 2001 and 2002, limited to an

amount not to exceed one-third of the

duties paid on such wool products

imported in calendar year 1999. This

section sets forth the legal requirements

and procedures that apply for purposes

of obtaining this duty refund.

(b) Eligible wool products. For

purposes of this section, the term

eligible wool product’’ means an

imported wool product described under

a Harmonized Tariff Schedule of the

United States subheading listed under

paragraph (c) of this section, relevant to

a manufacturer of the particular wool

products specified in paragraph (c).

(c) Refunds authorized by section

505—(1) Worsted wool fabric. For each

of calendar years 2000, 2001 and 2002,

a U.S. manufacturer of men’s or boys’

suits, suit-type jackets, or trousers, of

imported worsted wool fabric of the

kind described in HTSUS subheadings

9902.51.11 or 9902.51.12, is eligible to

claim a limited refund of the duties paid

in such calendar years on entries of

such fabrics that were imported or

purchased by the manufacturer. HTSUS

subheading 9902.51.11 provides for

fabrics, of worsted wool, with average

fiber diameters greater than 18.5 micron,

all the foregoing certified by the

importer as suitable for use in making

suits, suit-type jackets, or trousers.

HTSUS subheading 9902.51.12 provides

for fabrics, of worsted wool, with

average fiber diameters of 18.5 micron

or less, all the foregoing certified by the

importer as suitable for use in making

suits, suit-type jackets, or trousers. The

amount of duties eligible to be refunded

to the manufacturer for each of these

calendar years is limited to an amount

not to exceed one-third of the amount of

duties paid on calendar year 1999

imports of worsted wool fabric that was

imported or purchased by the

manufacturer and entered under HTSUS

subheadings 5112.11.20 or 5112.19.90.

A broker or other individual acting on

20396 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations

behalf of the manufacturer is ineligible

to claim a duty refund.

(2) Wool yarn. For each of calendar

years 2000, 2001 and 2002, a U.S.

manufacturer of worsted wool fabric,

who imports wool yarn of the kind

described in HTSUS subheading

9902.51.13, is eligible to claim a limited

refund of the duties paid in each of

these years on such imported wool yarn.

HTSUS subheading 9902.51.13 provides

for yarn, of combed wool, not put up for

retail sale, containing 85 percent or

more by weight of wool, formed with

wool fibers having diameters of 18.5

micron or less. The amount of duties

eligible to be refunded to the

manufacturer for each of these calendar

years is limited to an amount not to

exceed one-third of the amount of duties

paid by the importing-manufacturer on

calendar year 1999 imports of wool yarn

entered under HTSUS subheading

5107.10.00.

(3) Wool fiber and wool top. For each

of calendar years 2000, 2001 and 2002,

a U.S. manufacturer of wool yarn or

wool fabric, who imports wool fiber or

wool top of the kind described in

HTSUS subheading 9902.51.14, is

eligible to claim a limited refund of the

duties paid in each of these years on

such wool fiber or wool top. HTSUS

subheading 9902.51.14 provides for

wool fiber, waste, garnetted stock,

combed wool, or wool top, having

average fiber diameters of 18.5 micron

or less. The amount of duties eligible to

be refunded to the manufacturer for

each of these calendar years is limited

to an amount not to exceed one-third of

the amount of duties paid by the

importing-manufacturer on calendar

year 1999 imports of wool fiber or wool

top entered under HTSUS subheadings

5101.11, 5101.19, 5101.21, 5101.29,

5101.30, 5103.10, 5103.20, 5104.00,

5105.21 or 5105.29.

(d) Manufacturer’s letter of intent to

file a claim for a wool duty refund. A

manufacturer that anticipates filing a

wool duty refund claim in calendar

years 2000, 2001, and 2002, pursuant to

the terms of paragraph (c) of this

section, must first file with Customs a

letter of intent to that effect. A

manufacturer’s letter of intent must

substantiate, to Customs satisfaction, the

amount of duties paid on eligible wool

products imported in calendar year

1999.

(1) Documentation required where the

manufacturer is the importer. Where a

manufacturer is the importer of the

eligible wool products imported in

calendar year 1999, a letter of intent to

file a wool duty refund claim must be

signed by the manufacturer or a

knowledgeable authorized officer or

employee of the manufacturer and must

state that, to the best of the signer’s

knowledge and belief, the information

contained in the letter is accurate and

truthful. The letter of intent must

contain the following information:

(i) A statement of the total amount of

duties paid by the importingmanufacturer on eligible wool products

imported in calendar year 1999;

(ii) A list of relevant entry summary

numbers, set forth as an attachment in

either a paper or an electronic format

(the latter submitted to Customs on

diskette), that substantiates the amount

set forth in paragraph (d)(1)(i) of this

section; and

(iii) A statement that no entry

summary has been listed in paragraph

(d)(1)(ii) of this section that did not

liquidate under the HTSUS subheadings

that provide a basis for a wool duty

refund.

(2) Documentation required where the

manufacturer is not the importer, but

the manufacturer possesses the relevant

entry summary numbers. Where a

manufacturer described in paragraph

(c)(1) of this section was not the

calendar year 1999 importer of worsted

wool fabric entered under HTSUS

subheadings 5112.11.20 or 5112.19.90,

but possesses the relevant entry

summary numbers, a letter of intent to

file a wool duty refund claim must be

submitted to Customs and signed by the

non-importing manufacturer or a

knowledgeable authorized officer or

employee of the manufacturer. The

letter of intent must state that, to the

best of the signer’s knowledge and

belief, the information contained in the

letter is accurate and truthful.

(i) The non-importing manufacturer’s

letter of intent must contain the

following information:

(A) A statement as to the identity of

the importer(s) or supplier(s) who sold

worsted wool fabric that was imported

in calendar year 1999, and entered

under HTSUS subheadings 5112.11.20

or 5112.19.90, to the manufacturer;

(B) Copies of all relevant invoices, set

forth as an attachment, that demonstrate

that the manufacturer purchased

imported worsted wool fabric of the

kind described in paragraph (d)(2)(i)(A)

of this section from an identified

importer(s) or identified supplier(s) and

that establish, where applicable, that the

identified supplier(s) purchased such

fabric from the identified importer(s);

(C) A completed Customs Form (CF)

5106—Importer ID Input Record, set

forth as an attachment; and

(D) A signed affidavit, set forth as an

attachment, that contains the following

information:

(1) A statement that the affiant is a

U.S. manufacturer of men’s or boys’

suits, suit-type jackets, or trousers, of

imported worsted wool fabric of the

kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

(2) A statement that the affiant was

not the importer in calendar year 1999

of worsted wool fabric entered under

HTSUS subheadings 5112.11.20 or

5112.19.90;

(3) A statement as to the quantity of

imported worsted wool fabric of the

kind described in paragraph

(d)(2)(i)(D)(2) of this section that the

affiant purchased from an identified

importer(s) or from an identified

supplier(s), with copies of relevant

invoices attached;

(4) If the affiant purchased fabric of

the kind described in paragraph

(d)(2)(i)(D)(2) of this section from an

identified supplier, a statement that the

affiant has been provided with

substantiating documentation that

establishes that the subject fabric was

imported by the identified importer; and

(5) A statement by the affiant that the

identified importer(s) has provided a list

of relevant entry summary numbers

directly to the affiant that substantiates

the amount of duties paid on calendar

year 1999 imports of worsted wool

fabric entered under HTSUS

subheadings 5112.11.20 or 5112.19.90,

as identified in the submitted invoices,

and such information is set forth as an

attachment; and/or

(6) A statement by the affiant that the

identified importer has agreed to submit

a signed affidavit directly to Customs

with the relevant entry summary

numbers attached.

(ii) A non-importing manufacturer’s

affidavit to substantiate the amount of

duties paid on worsted wool fabric

imported in calendar year 1999 must be

signed by the manufacturer or a

knowledgeable authorized officer or

employee of the manufacturer, and be

submitted to Customs in the following

format:

Non-Importing Manufacturer’s Affidavit in

Support of a Letter of Intent To File a Wool

Duty Refund Claim (Where the Manufacturer

Possesses the Relevant Entry Summary

Numbers for the Fabric Identified in the

Invoices Submitted With This Affidavit)

1. The undersigned (name of

manufacturer), is a U.S. manufacturer of

men’s or boys’ suits, suit-type jackets, or

trousers, of imported worsted wool fabric of

the kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

2. The undersigned was not the importer

in calendar year 1999 of worsted wool fabric

entered under HTSUS subheadings

5112.11.20 or 5112.19.90;

3. The undersigned purchased (specify

quantity) of imported worsted wool fabric of

Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations 20397

the kind described in item (2) above from

(name of importer) or from a supplier (name

of supplier), and copies of the relevant

invoices are attached;

4. Where the undersigned purchased

imported worsted wool fabric of the kind

described in item (2) above from (name of

supplier), the undersigned has substantiating

documentation that establishes that such

fabric was imported by (name of importer);

5(a). Attached is a list of relevant entry

summary numbers, provided directly to the

undersigned by (name of importer), that

substantiates the amount of duties paid on

calendar year 1999 imports of worsted wool

fabric entered under HTSUS subheadings

5112.11.20 or 5112.19.90, as identified in the

attached invoices; and/or

5(b). The importer (name of importer), has

agreed to submit a signed affidavit directly to

Customs that attests to the fact that the

importer sold imported worsted wool fabric

of the kind described in item (2) above to the

undersigned or to identified supplier(s), and

to attach a list of the relevant entry summary

numbers that substantiates the amount of

duties paid on calendar year 1999 imports of

such worsted wool fabric, as identified in the

attached invoices; and

6. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(iii) If an importer assists in the

substantiation of a non-importing

manufacturer’s letter of intent by

submitting relevant entry summary

numbers directly to Customs as an

attachment to a signed affidavit, the

importer’s affidavit must be signed by

the importer or a knowledgeable officer

or employee of the importer and must

state that, to the best of the affiant’s

knowledge and belief, the information

contained in the affidavit is accurate

and truthful. The importer’s signed

affidavit must contain the following

information:

(A) A statement that the affiant paid

duties on calendar year 1999 imports of

worsted wool fabric entered under

HTSUS subheadings 5112.11.20 or

5112.19.90;

(B) Identification of the claimant, or

supplier to the claimant, to whom the

affiant sold imported worsted wool

fabric of the kind described in

paragraph (d)(2)(iii)(A) of this section;

(C) A list of relevant entry summary

numbers for worsted wool fabric of the

kind described in paragraph

(d)(2)(iii)(A) of this section, imported in

calendar year 1999, set forth as an

attachment in either a paper or an

electronic format (the latter submitted to

Customs on diskette), that substantiates

the amount of duties paid on such fabric

sold to the identified claimant or

identified supplier, as evidenced by the

claimant’s invoices; and

(D) A statement that the importer has

not listed any entry summary in

paragraph (d)(2)(iii)(C) of this section

that did not liquidate under HTSUS

subheadings 5112.11.20 or 5112.19.90.

(iv) The importer’s affidavit in

support of a non-importing

manufacturer’s letter of intent to claim

a wool duty refund must be signed by

the importer or a knowledgeable officer

or employee of the importer, and be

submitted to Customs in the following

format:

Importer’s Affidavit in Support of a NonImporting Manufacturer’s Letter of Intent To

Claim a Wool Duty Refund

1. The undersigned (name of importer), is/

was an importer who paid duties on calendar

year 1999 imports of worsted wool fabric

entered under HTSUS subheadings

5112.11.20 or 5112.19.90;

2. The undersigned sold worsted wool

fabric of the kind described in item (1) above

to a manufacturer identified as (name of

manufacturer) or to a supplier(s) identified as

(name of supplier);

3. Attached is a list of relevant entry

summary numbers for worsted wool fabric of

the kind described in item (1) above that

substantiates the amount of duties paid on

calendar year 1999 imports of such fabric

that was sold to (name of manufacturer) or

to (name of supplier) by the undersigned;

4. The undersigned has not listed any entry

summary in item (3) above that did not

liquidate under HTSUS subheadings

5112.11.20 or 5112.11.90; and

5. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(3) Documentation required where the

manufacturer is not the importer and

the manufacturer does not possess the

relevant entry summary numbers.

Where a manufacturer described in

paragraph (c)(1) of this section was not

the calendar year 1999 importer of

worsted wool fabric entered under

HTSUS subheadings 5112.11.20 or

5112.19.90, and does not possess the

relevant entry summary numbers, a

letter of intent to file a wool duty refund

claim must be submitted to Customs

and signed by the non-importing

manufacturer or a knowledgeable

authorized officer or employee of the

manufacturer. The letter of intent must

state that, to the best of the signer’s

knowledge and belief, the information

contained in the letter is accurate and

truthful.

(i) The non-importing manufacturer’s

letter of intent, where the manufacturer

does not possess the relevant entry

summary numbers, must contain the

following information:

(A) A statement as to the identity of

the importer(s) or supplier(s) who sold

imported worsted wool fabric entered

under HTSUS subheadings 5112.11.20

or 5112.19.90 to the non-importing

manufacturer;

(B) Copies of all relevant calendar

year 1999 invoices, set forth as an

attachment, that demonstrate that the

non-importing manufacturer purchased

imported worsted wool fabric of the

kind described in paragraph (d)(3)(i)(A)

of this section from an identified

importer(s) or identified supplier(s);

(C) A statement that if the nonimporting manufacturer purchased

imported worsted wool fabric of the

kind described in paragraph (d)(3)(i)(A)

of this section from an identified

supplier, the manufacturer has

substantiating documentation that

establishes that such fabric was

imported by the identified importer;

(D) A completed Customs Form (CF)

5106—Importer ID Input Record, set

forth as an attachment; and

(E) A signed affidavit, set forth as an

attachment, that contains the following

information:

(1) A statement that the affiant is a

U.S. manufacturer of men’s or boys’

suits, suit-type jackets, or trousers, of

imported worsted wool fabric of the

kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

(2) A statement that the affiant was

not the importer in calendar year 1999

of worsted wool fabric entered under

HTSUS subheadings 5112.11.20 or

5112.19.90;

(3) A statement of the quantity of

imported worsted wool fabric of the

kind described in paragraph

(d)(3)(i)(E)(2) of this section that the

affiant purchased from an identified

importer(s) or from an identified

supplier(s), with copies of the relevant

invoices attached;

(4) A statement that where the affiant

purchased imported worsted wool fabric

of the kind described in paragraph

(d)(3)(i)(E)(2) of this section from an

identified supplier, the affiant has

substantiating documentation that

establishes that such fabric was

imported by the identified importer; and

(5) A statement by the affiant that a

good faith effort was made to contact the

identified importer and request relevant

entry summary numbers that

substantiate the amount of duties paid

on calendar year 1999 imports of

worsted wool fabric identified in the

submitted invoices, but the identified

importer is unable or unwilling to

provide such assistance.

(ii) A non-importing manufacturer’s

affidavit to estimate and substantiate the

amount of duties paid by the importer

on worsted wool fabric imported in

calendar year 1999, where no entry

summary numbers are available, must

be signed by the manufacturer or a

knowledgeable authorized officer or

employee of the manufacturer, and be

20398 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations

submitted to Customs in the following

format:

Non-Importing Manufacturer’s Affidavit in

Support of a Letter of Intent To File a Wool

Duty Refund Claim (Where the Manufacturer

Does Not Possess the Relevant Entry

Summary Numbers for the Fabric Identified

in the Invoices Submitted With this Affidavit)

1. The undersigned (name of

manufacturer), is a U.S. manufacturer of

men’s or boys’ suits, suit-type jackets, or

trousers, of imported worsted wool fabric of

the kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

2. The undersigned was not the importer

in calendar year 1999 of worsted wool fabric

entered under HTSUS subheadings

5112.11.20 or 5112.19.90;

3. The undersigned purchased (specify

quantity) of imported worsted wool fabric of

the kind described in item (2) above from

(name of importer) or from a supplier (name

of supplier), and copies of relevant invoices

are attached;

4. If the undersigned has purchased

imported worsted wool fabric of the kind

described in item (2) above from (name of

supplier), the undersigned has substantiating

documentation that establishes that such

fabric was imported by (name of importer);

5. The undersigned attests that a good faith

effort was made to contact the identified

importer(s) and request that relevant entry

summary numbers be provided to either the

undersigned or directly to Customs that

substantiate the amount of duties paid on

calendar year 1999 imports of worsted wool

fabric entered under HTSUS subheadings

5112.11.20 or 5112.19.90, as identified in the

submitted invoices, but the identified

importer is unable or unwilling to provide

such assistance; and

6. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(4) Documentation required where the

manufacturer is both an importer and a

purchaser of eligible worsted wool

fabric. Where a manufacturer described

in paragraph (c)(1) of this section is both

an importer and a purchaser of eligible

worsted wool fabric, the manufacturer

must submit to Customs a letter of

intent to file a wool duty refund claim

that is signed by the manufacturer or a

knowledgeable authorized officer or

employee of the manufacturer. The

letter of intent must state that, to the

best of the signer’s knowledge and

belief, the information contained in the

letter is accurate and truthful, and must

contain the following:

(i) Where the manufacturer is the

importer, the information described in

paragraph (d)(1) of this section;

(ii) Where the manufacturer is not the

importer, but the manufacturer

possesses the relevant entry summary

numbers, the information described in

paragraph (d)(2) of this section and the

relevant entry summary numbers may

be submitted directly to Customs by the

manufacturer and/or the importer(s);

and/or

(iii)Where the manufacturer is not the

importer, and the manufacturer does not

possess the relevant entry summary

numbers, the information described in

paragraph (d)(3) of this section.

(5) Documentation required where a

prospective claimant is the legal

assignee of an eligible manufacturer’s

potential wool duty refund rights. To

file a letter of intent where the

prospective claimant is the legal

assignee of any potential wool duty

refund claim rights attributable to an

eligible manufacturer described in

paragraph (c) of this section, the facts of

such legal assignation, and the identity

of all affected parties, must be submitted

to Customs in a written attachment to

the letter of intent, and additional

substantiating documentation must be

available to Custom upon request. Only

those assignees that substantiate, to

Customs satisfaction, the terms and

legality of the assignation will be

eligible to claim a wool duty refund.

(6) Time to file a letter of intent. A

manufacturer’s letter of intent to file a

wool duty refund claim, including

amendments, all attachments and,

where applicable, the importer’s signed

affidavit in support of the

manufacturer’s letter of intent, must be

received by Customs no later than May

8, 2001, unless this date is extended

upon due notice in the Federal Register.

(7) Place to file a letter of intent. A

manufacturer’s letter of intent to file a

wool duty refund claim, including all

attachments and, where applicable, the

importer’s signed affidavit in support of

the manufacturer’s letter of intent, must

be submitted to: U.S. Customs Service,

Wool Refund Claim, Residual

Liquidation and Protest Branch, Rm.

761, 6 World Trade Center, New York,

N.Y. 10048–0945.

(e) Customs verification letter.

Customs will issue to a prospective

claimant a written verification letter

within 30 calendar days from the date

Customs receives a timely and complete

letter of intent that relies solely on

relevant entry summary numbers to

substantiate, to Customs satisfaction, the

amount of duties paid on eligible wool

products imported in calendar year

1999. Where a prospective claimant

submits a letter of intent that relies on

invoices, in whole or in part, to

substantiate, to Customs satisfaction, the

amount of duties paid on eligible wool

products imported in calendar year

1999, Customs will issue a verification

letter to such prospective claimant

within 30 calendar days after the date

all letters of intent must be received by

Customs, as set forth in paragraph (d)(6)

of this section. The amount of potential

duty refund will be based on the

quantity of eligible wool products that

was imported by the prospective

claimant or, where the prospective

claimant was not the importer,

purchased by the prospective claimant

(as indicated by submitted invoices). If

entry summary numbers are used to

substantiate the amount of duties paid

on eligible wool products imported in

calendar year 1999, the potential refund

amount will be limited to the amount of

duties paid on such entry summaries

that is attributable to that quantity of

eligible wool products. If, instead,

invoices are used to estimate and

substantiate the amount of duties paid

on eligible wool fabrics imported in

calendar year 1999, the amount of

duties will be determined by deducting

10 percent from the invoice amounts (to

deduct imputed profits and costs),

dividing the resulting adjusted invoice

amounts by 130.6% to back out the

duty, and then multiplying that amount

times the duty rate (30.6%). If the

aggregate amount of duties attributable

to an importer exceeds the amount of

duties paid by that importer in calendar

year 1999, as indicated by ACS, an

adjustment will be made to those

claimants requiring use of the invoice

formula. The percentage deducted from

the invoice amounts for those claimants

will be increased on a pro rata basis to

ensure that the aggregate amount to be

refunded does not exceed the ACS

amount. Refund amounts substantiated

by entry summary numbers will not be

reduced. A letter of verification will set

forth the following information:

(1) The prospective claimant’s claim

identification number;

(2) The maximum amount of wool

duty refund that the individual

prospective claimant will be eligible to

receive in each of calendar years 2000,

2001, and 2002; and

(3) Where invoices are used to

substantiate the amount of duties paid

on worsted wool fabric in calendar year

1999, the percentage that was deducted

from the invoice amounts, with

accompanying explanation.

(f) Eligibility criteria to claim a wool

duty refund for calendar years 2000,

2001, and 2002. To be eligible to claim

a refund of duties paid on imports of

certain wool products in calendar years

2000, 2001, and 2002, a claimant must

be in receipt of a claim verification

letter from Customs. Additionally, in

each calendar year for which a wool

duty refund claim is being made, a

claimant must be:

(1) A U.S. manufacturer of men’s or

boys’ suits, suit-type jackets, or trousers,

Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations 20399

of imported worsted wool fabric of the

kind described in HTSUS subheadings

9902.51.11 or 9902.51.12, for which

duties were paid on entries made under

HTSUS subheadings 5112.11.20 or

5112.19.90 in calendar year 2000, or

under HTSUS subheadings 5112.11.30,

5112.11.60, 5112.19.60, 5112.19.95,

9902.51.11 or 9902.51.12 in calendar

years 2001 and 2002;

(2) A U.S. manufacturer of worsted

wool fabric who paid duties on

imported wool yarn of the kind

described in HTSUS subheading

9902.51.13 and entered under HTSUS

subheadings 5107.10.00 in calendar year

2000, or under HTSUS subheadings

5107.10.30 or 9902.51.13 in calendar

years 2001 and 2002;

(3) A U.S. manufacturer of wool yarn

or wool fabric who paid duties on

imported wool fiber or wool top of the

kind described in HTSUS subheading

9902.51.14 and entered under HTSUS

subheadings 5101.11, 5101.19, 5101.21,

5101.29, 5101.30, 5103.10, 5103.20,

5104.00, 5105.21 or 5105.29 in calendar

years 2000, 2001 and 2002, or under

HTSUS subheading 9902.51.14 in

calendar years 2001 and 2002; and/or

(4) A legal assignee of the existing

wool duty refund claim rights of an

eligible manufacturer described in

paragraphs (f)(1), (f)(2) or (f)(3) of this

section.

(g) Procedures for filing a claim—(1)

Time to file. An eligible claimant may

file with Customs one wool duty refund

claim for each of calendar claim years

2000, 2001 and 2002, including, where

applicable, related amended claims. A

claim may be amended within 90

calendar days from the date of the

original submission or, if Customs has

notified the claimant in writing that the

claim is insufficient to support the

claim as requested or is otherwise

defective (e.g., a claim that relies on an

entry summary that is ineligible for a

wool duty refund, as provided for in

§ 10.184(j)), within 90 calendar days

from the date of the Customs

notification. All claims for a wool duty

refund, whether original or amended in

the absence of a Customs notification of

insufficiency or defect, must be received

by Customs no later than December 31

of the year following the calendar claim

year for which a wool duty refund is

being sought. An amended claim made

in response to a Customs notification of

insufficiency or defect may be

submitted to Customs after the

December 31 deadline applicable to all

other claim submissions. A claimant

may file two separate duty refund

claims in a single calendar year, so long

as the claims are for two different claim

years.

(2) Place to file. A claim for a refund

of duties paid on imports of eligible

wool products must be submitted to:

U.S. Customs Service, Wool Refund

Claim, Residual Liquidation and Protest

Branch, Rm. 761, 6 World Trade Center,

New York, N.Y. 10048–0945.

(3) Documentation. (i) Where the

manufacturer is the importer. To file a

wool duty refund claim, an importingmanufacturer must provide Customs

with a copy of the verification letter the

claimant received from Customs and an

affidavit, signed by the manufacturer or

a knowledgeable officer or employee of

the manufacturer, that contains the

following information:

(A) A statement that the affiant is/was

a U.S. manufacturer of the kind

described in paragraphs (f)(1), (f)(2) or

(f)(3) of this section, in the calendar

claim year for which a wool duty refund

is being sought;

(B) A statement of the total amount of

duties paid by the affiant in that year on

eligible wool products;

(C) The total amount of duty refund

being claimed;

(D) A list of relevant entry summary

numbers, set forth as an attachment and

submitted to Customs in either a paper

or an electronic format (the latter on

diskette), that substantiates the amount

of duties for which a refund is being

claimed in paragraph (g)(3)(i)(C) of this

section, and does not exceed the

affiant’s share of duties eligible to be

refunded as set forth in the attached

verification letter;

(E) A statement that no entry

summary has been listed in paragraph

(g)(3)(i)(D) of this section that has

already had 99% or more of the amount

of duties paid on that entry refunded

pursuant to any refund claim authorized

by law; and

(F) A statement that identifies, if

applicable, any entry summary listed in

paragraph (g)(3)(i)(D) of this section that

is, or may become, subject to an

outstanding drawback claim, protest, or

any other refund claim authorized by

law.

(ii) Form of affidavit. An importingmanufacturer’s signed affidavit to

substantiate a wool duty refund claim in

calendar years 2000, 2001, or 2002 must

be signed by the manufacturer, or a

knowledgeable officer or employee of

the manufacturer, and submitted to

Customs in the following format:

Importing-Manufacturer’s Affidavit in

Support of a Claim for a Wool Duty Refund

Under Section 505 of the Trade and

Development Act of 2000, for Calendar Year

1. The undersigned, (name of

manufacturer), is/was a U.S. manufacturer of

the kind described in paragraphs (f)(1) [l],

(f)(2) [l] or (f)(3) [l] [check one] of § 10.184

of the Customs Regulations (19 CFR

10.184(f)), in the calendar claim year for

which a wool duty refund is being sought;

2. The undersigned paid (total amount of

duties paid) in calendar year lllll on

eligible wool products;

3. The amount of wool duty refund being

claimed is $llllll;

4. Attached is a list of the relevant current

claim year entry summary numbers that

substantiate the amount of duty refund being

claimed in item (3) above;

5. The undersigned has not listed any entry

summary in item (4) above that has had 99%

or more of the amount of duties paid on that

entry refunded pursuant to any refund claim

authorized by law;

6. The undersigned will list any entry

summary in item (4) above that is, or may

become, subject to an outstanding drawback

claim, protest, or any other refund claim

authorized by law; and

7. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(iii) Where the manufacturer is not the

importer. To file a wool duty refund

claim, a manufacturer of men’s or boys’

suits, suit-type jackets, or trousers, of

imported worsted wool fabric of the

kind described in HSTUS subheadings

9902.51.11 or 9902.51.12, who is a

purchaser but not the importer of such

fabric, must provide Customs with a

copy of the verification letter the

claimant received from Customs and an

affidavit signed by the manufacturer, or

a knowledgeable officer or employee of

the manufacturer, that contains the

following information:

(A) A statement that the affiant is/was

a U.S. manufacturer in the calendar

claim year for which a wool duty refund

is being sought, of men’s or boys’ suits,

suit-type jackets, or trousers, of

imported worsted wool fabric of the

kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

(B) A statement that the affiant was

not the importer in the calendar claim

year for which a wool duty refund is

being sought of imported worsted wool

fabric of the kind described in

paragraph (g)(3)(iii)(A) of this section;

(C) A statement as to the quantity of

imported worsted wool fabric of the

kind described in paragraph

(g)(3)(iii)(A) of this section that the

affiant purchased from an identified

importer(s) or from an identified

supplier(s), with copies of relevant

invoices attached;

(D) A statement that where the affiant

purchased imported worsted wool fabric

of the kind described in paragraph

(g)(3)(iii)(A) of this section from an

identified supplier(s), the affiant has

substantiating documentation that

establishes that such fabric was

20400 Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations

imported by the identified importer(s);

and

(E) A statement by the affiant that the

identified importer(s) has provided a list

of relevant entry summary numbers

directly to the affiant that substantiates

the amount of duties paid in the

calendar claim year for which a wool

duty refund is being sought on imported

worsted wool fabric of the kind

described in paragraph (g)(3)(iii)(A) of

this section, as identified in the

submitted invoices, and entered under

HTSUS subheadings 5112.11.20 or

5112.19.90 in calendar year 2000, or

under HTSUS subheadings 5112.11.30,

5112.11.60, 5112.19.60, 5112.19.95,

9902.51.11 or 9902.51.12 in calendar

years 2001 and 2002, and such

information is set forth as an

attachment; and/or

(F) A statement by the affiant that the

identified importer(s) has agreed to

submit a signed affidavit directly to

Customs with the relevant entry

summary numbers attached that

substantiates the amount of duties paid

in the calendar claim year for which a

wool duty refund is being sought on

imported worsted wool fabric of the

kind described in paragraph

(g)(3)(iii)(A) of this section, as identified

in the submitted invoices, and entered

under HTSUS subheadings 5112.11.20

or 5112.19.90 in calendar year 2000, or

under HTSUS subheadings 5112.11.30,

5112.11.60, 5112.19.60, 5112.19.95,

9902.51.11 or 9902.51.12 in calendar

years 2001 and 2002.

(iv) Form of affidavit. A manufacturer

who is not the importer of the imported

worsted wool fabric must submit to

Customs an affidavit to substantiate a

wool duty refund claim in calendar

years 2000, 2001, or 2002, signed by the

manufacturer or a knowledgeable officer

or employee of the manufacturer, in the

following format:

Non-Importing Manufacturer’s Affidavit in

Support of a Claim for a Duty Refund Under

Section 505 of the Trade and Development

Act of 2000, for Calendar Year

1. The undersigned (name of

manufacturer), is/was a U.S. manufacturer in

calendar year lll of men’s or boys’ suits,

suit-type jackets, or trousers, of imported

worsted wool fabric of the kind described in

HTSUS subheadings 9902.51.11 or

9902.51.12;

2. The undersigned was not the importer

in the calendar claim year for which a wool

duty refund is being sought of worsted wool

fabric of the kind described in item 1 above;

3. The undersigned purchased (specify

quantity) of imported worsted wool fabric of

the kind described in item (1) above from

(name of importer(s)) or from a supplier(s),

and the relevant invoices are attached;

4. Where the undersigned purchased

imported worsted wool fabric of the kind

described in item (1) above from (name of

supplier), the undersigned has substantiating

documentation that establishes that such

fabric was imported by (name of importer);

5(a). Attached is a list of relevant entry

summary numbers, provided directly to the

undersigned by (name of importer), that

substantiates the amount of duties paid in the

calendar claim year for which a wool duty

refund is being sought, as evidenced by the

attached invoices, on imported worsted wool

fabric of the kind described in item (1) above

and entered under HTSUS subheadings

5112.11.20 or 5112.19.90 in calendar year

2000, or under HTSUS subheadings

5112.11.30, 5112.11.60, 5112.19.60,

5112.19.95, 9902.51.11 or 9902.51.12 in

calendar years 2001 and 2002; and/or

5(b). The importer (name of importer), has

agreed to submit a signed affidavit directly to

Customs that attests to the fact that the

importer sold imported worsted wool fabric

of the kind described in item (1) above to the

undersigned or to (name of supplier), and has

agreed to attach a list of relevant entry

summary numbers that substantiates the

amount of duties paid in the calendar claim

year for which a wool duty refund is being

sought, as evidenced by the attached

invoices, on such fabric that was entered

under HTSUS subheadings 5112.11.20 or

5112.19.90 in calendar year 2000, or under

HTSUS subheadings 5112.11.30, 5112.11.60,

5112.19.60, 5112.19.95, 9902.51.11 or

9902.51.12 in calendar years 2001 and 2002;

and

6. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(v) Required content of an importer’s

signed affidavit in support of a

manufacturer’s wool duty refund claim.

Where an importer chooses to assist in

the substantiation of a non-importing

manufacturer’s wool duty refund claim

by submitting relevant entry summary

numbers directly to Customs, such entry

information must be set forth as an

attachment to an affidavit that is signed

by the importer or by a knowledgeable

officer or employee of the importer, and

must contain the following information:

(A) A statement as to the total amount

of duties that the importer paid in the

calendar year for which a wool duty

refund is being sought on worsted wool

fabric of the kind described in

paragraph (g)(3)(iii) of this section;

(B) A statement that the importer sold

worsted wool fabric of the kind

described paragraph (g)(3)(iii) of this

section, to the identified manufacturer

or to the identified supplier(s);

(C) A list of relevant entry summary

numbers for worsted wool fabric of the

kind described in paragraph (g)(3)(iii) of

this section, set forth as an attachment

in either a paper or an electronic format

(the latter submitted to Customs on

diskette), that substantiates the amount

of duties paid in the calendar claim year

for which a wool duty refund is being

sought on such fabric that was sold by

the importer to the identified

manufacturer or to the identified

supplier(s);

(D) A statement that no entry

summary number has been listed in

paragraph (g)(3)(v)(C) of this section that

has already had 99% or more of the

amount of duties paid on that entry

refunded pursuant to any refund claim

authorized by law; and

(E) A statement that lists any entry

summary number in paragraph

(g)(3)(v)(C) of this section that is, or may

become, subject to an outstanding

drawback claim, protest, or any other

refund claim authorized by law.

(vi) Form of affidavit. The importer’s

affidavit in support of manufacturer’s

wool duty refund claim must be signed

by the importer or by a knowledgeable

officer or employee of the importer, and

be submitted to Customs in the

following format:

Importer’s Affidavit in Support of a NonImporting Manufacturer’s Claim for a Duty

Refund Under Section 505 of the Trade and

Development Act of 2000, for Calendar Year

1. The undersigned (name of importer), is/

was an importer who paid duties in calendar

year lll on imported worsted wool fabric

of the kind described in HTSUS subheadings

9902.51.11 or 9902.51.12;

2. The undersigned sold worsted wool

fabric of the kind described in item (1) above

to a manufacturer identified as (name of

manufacturer) or to a supplier(s) identified as

(name of supplier);

3. Attached is a list of relevant entry

summary numbers for worsted wool fabric of

the kind described in item (1) above, that

substantiates the amount of duties paid in the

calendar claim year for which a wool duty

refund is being sought on such fabric that

was sold by the undersigned to (name of

manufacturer) or to an identified supplier(s)

(name of supplier(s));

4. The undersigned has not listed any entry

summary in item (3) above that has had 99%

or more of the amount of duties paid on that

entry refunded pursuant to any refund claim

authorized by law;

5. The undersigned will list any entry

summary in item (3) above that is, or may

become, subject to an outstanding drawback

claim, protest, or any other refund claim

authorized by law; and

6. The undersigned certifies that the

information set forth in this affidavit is true

and accurate to the best of the affiant’s

knowledge and belief.

(vii) Documentation required where

the manufacturer is both an importer

and a purchaser of eligible worsted wool

fabric. Where a manufacturer described

in paragraph (c)(1) of this section is both

an importer and a purchaser of eligible

worsted wool fabric, the manufacturer

must provide Customs with both the

documentation described in paragraphs

Federal Register / Vol. 66, No. 78 / Monday, April 23, 2001 / Rules and Regulations 20401

(g)(3)(i) and (g)(3)(ii) of this section, and

the documentation described in

paragraphs (g)(3)(iii) and (g)(3)(iv) of

this section.

(viii) Documentation required where

the claimant is the legal assignee of an

eligible manufacturer’s wool duty

refund claim rights. To file a wool duty

refund claim where the claimant is the

legal assignee of the existing wool duty

refund claim rights of an eligible

manufacturer described in paragraphs

(f)(1), (f)(2) or (f)(3) of this section, the

facts of such legal assignation, and the

identity of all affected parties, must be

submitted to Customs in a written

attachment to the claim, and additional

substantiating documentation must be

available to Custom upon request. Only

those assignees that substantiate, to

Customs satisfaction, the terms and

legality of the assignation will be

eligible to claim a wool duty refund.

(h) Wool duty refund claim processing

procedures. Upon receipt of a timely

and complete wool duty refund claim

filed pursuant to the terms of this

section, Customs will determine the

liquidation status of the entry

summaries used to substantiate the

claim. No duty refund will be issued to

a claimant until all the entry summaries

identified for purposes of substantiating

the claim have been finally liquidated

and the applicable amendment period,

as set forth in paragraph (g)(1) of this

section has expired or the claimant has

submitted to Customs a signed waiver of

amendment.

(i) Denial of a wool duty refund claim.

Customs may deny a wool duty refund

claim if the claim was not timely filed,

if the claimant is not eligible pursuant

to the terms of this section, or if the

claimant has not complied with the

requirements of this section. Customs

will provide the claimant with written

notice of the denial of the claim,

including the reason for the denial.

(j) Multiple refund claims and

pending judicial review—(1) Allowance

or denial of subsequent claims. If an

entry has been used to provide the basis

for a duty refund claim pursuant to this

section, and the entire amount of duties

paid on that entry was refunded to the

claimant, a claim for drawback, or any

other refund claim authorized by law,

that is based on that entry, will be

denied by Customs. If an entry has been

used to substantiate a claim for a duty

refund under this section, and an

amount in duties paid on that entry has

not been refunded, the remaining

amount may be eligible for subsequent

duty refund claims under this section,

drawback, or any other refund claim

authorized by law. An entry that has

already had 99% or more of the duties

paid on that entry refunded by way of

a drawback claim, protest, or any other

claim authorized by law, may not be

used to provide the basis for a wool

duty refund claim.

(2) Substitution of entry summary

numbers. If a duty refund claim under

this section has not yet been processed

by Customs, an importer may substitute

an entry summary that has already been

identified to Customs for purposes of

substantiating the claim with another

comparable entry summary, so long as

the amount of duty paid in connection

with the replacement entry is not less

than the duty paid on the entry that was

identified to Customs originally.

(3) Pending judicial review. If a

summons involving the tariff

classification or the dutiability of an

imported wool product has been filed in

the Court of International Trade,

Customs will deem any entry summary

at issue in that judicial proceeding

ineligible to substantiate a duty refund

claim.

(k) Penalties and liquidated damages.

A wool duty refund claimant’s failure to

comply with any of the procedural

requirements set forth in this document,

or failure to adhere to all applicable

laws and regulations, may subject the

claimant to penalties, liquidated

damages or other administrative

sanctions.

Charles W. Winwood,

Acting Commissioner of Customs.

Approved: April 9, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 01–10004 Filed 4–20–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. 00N–1634]

Public Hearing Before a Public

Advisory Committee; Examination of

Administrative Record and Other

Advisory Committee Records;

Withdrawal

AGENCY: Food and Drug Administration,

HHS.

ACTION: Direct final rule; withdrawal.

SUMMARY: The Food and Drug

Administration (FDA) published in the

Federal Register of January 8, 2001, a

proposed rule (66 FR 1276) and a direct

final rule (66 FR 1257) to amend FDA

regulations governing the public

disclosure of written information for

consideration by an advisory committee

at an advisory committee meeting. The

comment period closed March 26, 2001.

FDA is withdrawing the direct final rule

because the agency received significant

adverse comment.

DATES: The direct final rule published in

the Federal Register of January 8, 2001

(66 FR 1257), is withdrawn as of April

23, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrea C. Masciale, Center for Drug

Evaluation and Research (HFD–7), Food

and Drug Administration, 5600 Fishers

Lane, Rockville, MD 20857, 301–594–

2041.

Therefore, under the Federal Food,

Drug, and Cosmetic Act, and under the

authority delegated to the Commissioner

of Food and Drugs, the direct final rule

published in the Federal Register of

January 8, 2001 (66 FR 1257), is

withdrawn.

Dated: April 17, 2001.

Ann M. Witt,

Acting Associate Commissioner for Policy.

[FR Doc. 01–9950 Filed 4–20–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 558

New Animal Drugs for Use in Animal

Feeds; Amprolium, Bacitracin

Methylene Disalicylate, and Roxarsone

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of a new animal drug

application (NADA) filed by Alpharma,

Inc. The NADA provides for use of

approved, single-ingredient amprolium,

bacitracin methylene disalicylate, and

roxarsone Type A medicated articles to

make three-way combination drug Type

C medicated feeds for replacement

chickens.

DATES: This rule is effective April 23,

2001.

FOR FURTHER INFORMATION CONTACT:

Charles J. Andres, Center for Veterinary

Medicine (HFV–128), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–827–1600.

SUPPLEMENTARY INFORMATION: Alpharma,

Inc., One Executive Dr., P.O. Box 1399,