Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58009 

Applicability 

(c) This AD applies to Airbus Model A319–

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–111, –211, –212, 

–214, –231, –232, and –233 airplanes; and 

Model A321–111, –112, –131, –211 and –231 

airplanes; certificated in any category; except 

those modified in production by Airbus 

Modification 30062. 

Unsafe Condition 

(d) This AD was prompted by a report of 

failure of the parking brake while the 

airplane was on the holding point of the 

runway before takeoff, leading to a runway 

departure. We are issuing this AD to ensure 

normal braking is available to prevent 

possible runway departure in the event of 

failure of the parking brake. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Modification 

(f) Within 52 months after the effective 

date of this AD: Modify the parking brake 

system by accomplishing all the actions 

specified in the Accomplishment 

Instructions of Airbus Service Bulletin A320–

32–1201, Revision 02, dated February 1, 

2005. 

Modifications Accomplished Per Previous 

Issue of Service Information 

(g) Modifications accomplished before the 

effective date of this AD in accordance with 

Airbus Service Bulletin A320–32–1201, 

Revision 01, dated May 29, 2002; are 

considered acceptable for compliance with 

the corresponding modification required by 

paragraph (f) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with 14 CFR 39.19 on any 

airplane to which the AMOC applies, notify 

the appropriate principal inspector in the 

FAA Flight Standards Certificate Holding 

District Office. 

Related Information 

(i) French airworthiness directive F–2004–

137, dated November 10, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(j) You must use Airbus Service Bulletin 

A320–32–1201, Revision 02, dated February 

1, 2005, to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France, for a 

copy of this service information. You may 

review copies at the Docket Management 

Facility, U.S. Department of Transportation, 

400 Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC; on the Internet at 

http://dms.dot.gov; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at the NARA, call (202) 741–

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19874 Filed 10–4–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 12, 102, 141, 144, 146, 

and 163 

[CBP Dec. 05–32; USCBP–2005–0009] 

RIN 1505–AB60 

Country of Origin of Textile and 

Apparel Products 

AGENCY: Customs and Border Protection, 

Department of Homeland Security; 

Department of the Treasury. 

ACTION: Interim regulations; solicitation 

of comments. 

SUMMARY: This document sets forth 

interim amendments to the Customs and 

Border Protection (‘‘CBP’’) regulations to 

update, restructure, and consolidate the 

regulations relating to the country of 

origin of textile and apparel products. 

The interim amendments reflect 

changes brought about, in part, by the 

expiration on January 1, 2005, of the 

Agreement on Textiles and Clothing 

(‘‘ATC’’) and the resulting elimination 

of quotas on the entry of textile and 

apparel products from World Trade 

Organization (‘‘WTO’’) members. The 

primary regulatory change set forth in 

this document is the elimination of the 

requirement that a textile declaration be 

submitted for all importations of textile 

and apparel products. In addition, to 

improve the quality of reporting of the 

identity of the manufacturer of imported 

textiles and apparel products, the 

interim amendments include a 

requirement that importers identify the 

manufacturer of such products through 

a manufacturer identification code 

(‘‘MID’’). 

DATES: Interim rule effective October 5, 

2005; comments must be received by 

December 5, 2005. 

ADDRESSES: You may submit comments, 

identified by the docket number, by one 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail, hand delivery or courier: 

paper, disk or CD–ROM submissions 

may be mailed or delivered to the Trade 

and Commercial Regulations Branch, 

Office of Regulations and Rulings, 

Bureau of Customs and Border 

Protection, 1300 Pennsylvania Avenue, 

NW. (Mint Annex), Washington, DC 

20229. 

Instructions: All submissions received 

must include the agency name, 

document title, and docket number (if 

available) or Regulatory Information 

Number (‘‘RIN’’) for this rulemaking. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Submitted 

comments also may be inspected at the 

Trade and Commercial Regulations 

Branch, Office of Regulations and 

Rulings, Customs and Border Protection, 

799 9th Street, NW. (5th Floor), 

Washington, DC during regular business 

hours. 

FOR FURTHER INFORMATION CONTACT: 

Operational aspects: Roberts Abels, 

Textile Operations, Office of Field 

Operations (202) 344–1959. 

Legal aspects: Cynthia Reese, Tariff 

Classification and Marking Branch, 

Office of Regulations and Rulings (202) 

572–8812. 

SUPPLEMENTARY INFORMATION: 

Background 

CBP notes initially that in this 

document, references to the Customs 

Service or Customs concern the former 

Customs Service or actions undertaken 

by the former Customs Service prior to 

its transfer to the Department of 

Homeland Security (‘‘DHS’’) under the 

Homeland Security Act and the 

Reorganization Plan Modification for 

DHS of January 30, 2003. 

On May 9, 1984, the President issued 

Executive Order 12475 to address a 

number of problems that had arisen in 

the context of the U.S. textile import 

program. These problems included (1) 

the absence of specific regulatory 

standards for determining the origin of 

imported textiles and textile products 

for purposes of textile agreements and 

(2) an ever increasing number and 

variety of instances in which attempts 

were made to circumvent and frustrate 

58010 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

the objectives of the United States 

textile import program and the bilateral 

and multilateral textile agreements 

negotiated thereunder. Section 1(a) of 

that Executive Order instructed the 

Secretary of the Treasury, in accordance 

with policy guidance from the 

interagency Committee for the 

Implementation of Textile Agreements 

(CITA), to issue regulations governing 

the entry of textiles and textile products 

subject to section 204 of the Agricultural 

Act of 1956, as amended (codified at 7 

U.S.C. 1854). 

In T.D. 85–38, published in the 

Federal Register (50 FR 8710) on March 

5, 1985, the Customs Service adopted as 

a final rule interim amendments to part 

12 of the CBP Regulations (19 CFR Part 

12), which involved the addition of a 

new § 12.130 that established criteria to 

be used in determining the country of 

origin of imported textiles and textile 

products for purposes of multilateral or 

bilateral textile agreements entered into 

by the United States pursuant to section 

204, Agricultural Act of 1956, as 

amended. In that final rule document, 

Customs stated that the principles of 

origin contained in § 12.130 are 

applicable to merchandise for all 

purposes. In T.D. 90–17, published in 

the Federal Register (55 FR 7303) on 

March 1, 1990, which involved a change 

of practice to conform several 

previously published Customs positions 

to certain provisions within 19 CFR 

12.130, Customs again stated that the 

criteria set forth in 19 CFR 12.130 

should be used in making country of 

origin determinations for all CBP 

purposes. 

On December 8, 1994, the President 

signed into law the Uruguay Round 

Agreements Act (‘‘URAA’’), Public Law 

103–465, 108 Stat. 4809. Subtitle D of 

Title III of the URAA concerns textiles 

and includes section 334 (codified at 19 

U.S.C. 3592). Paragraph (a) of section 

334 directed the Secretary of the 

Treasury to prescribe rules 

implementing the principles contained 

in paragraph (b) of section 334 for 

determining the origin of textile and 

apparel products. After the enactment of 

19 U.S.C. 3592, 7 U.S.C. 1854 was no 

longer the only statute relevant to the 

administration of quantitative 

restrictions on textile products. The 

principles set forth in section 334 of the 

URAA for determining the country of 

origin of textile and apparel products 

apply for the purposes of the customs 

laws and the administration of 

quantitative restrictions, except as 

otherwise provided for by statute. 

However, section 334(b)(5) of the URAA 

excepts from the rules of origin 

governing textile and apparel products 

set forth in section 334 goods which, 

under rulings and administrative 

practices in effect immediately before 

the enactment of section 334 (December 

8, 1994), would have originated in, or 

been the growth, product, or 

manufacture of, Israel. 

In T.D. 95–69, published in the 

Federal Register (60 FR 46188) on 

September 5, 1995, Customs issued final 

amendments to the CBP regulations (set 

forth principally at 19 CFR 102.21) to 

implement the provisions of § 334 of the 

URAA regarding the country of origin of 

textile and apparel products. The rules 

set forth in § 102.21, which became 

effective for goods entered, or 

withdrawn from warehouse, for 

consumption on or after July 1, 1996, 

are used to determine the country of 

origin of textile and apparel products 

subject to manufacture or processing in 

all countries, except Israel. With the 

creation of § 102.21 to implement § 334 

of the URAA, the principles of origin set 

forth in § 12.130 are used for the 

purpose of determining whether Israel is 

the country of origin for imported textile 

and apparel products. If Israel is found 

not to be the country of origin of a 

textile or apparel product by application 

of § 12.130, then the rules set set forth 

in § 102.21 are used to determine the 

product’s country of origin. However, 

the application of § 102.21 under these 

circumstances cannot result in a 

determination that Israel is the country 

of origin of the product. See 

‘‘Determination of Origin of Textile 

Goods Processed in Israel,’’ General 

Statement of Policy, published in the 

Federal Register (61 FR 40076) on July 

31, 1996. 

As § 12.130 exists currently, 

paragraph (a) defines the scope of textile 

and textile products subject to section 

204, Agricultural Act of 1956, as 

amended, as including merchandise 

which is subject to the Multifiber 

Arrangement Regarding International 

Trade in Textiles (‘‘MFA’’) and 

identifies such merchandise based on 

value or weight of specified fibers. 

Paragraph (b) of § 12.130 sets out the 

standards for determining the country of 

origin of a textile or textile product 

subject to section 204, Agricultural Act 

of 1956, as amended. It further provides 

that the procedures set forth in Part 102 

are to be used to determine the origin 

of products of Canada and Mexico as 

well as the origin of textile and apparel 

products covered by § 102.21. 

Paragraph (c) of § 12.130 sets forth 

principles for determining the country 

of origin of certain textiles or textile 

products that are exported for 

processing and returned. Paragraph 

(c)(1) refers to U.S. Note 2, Subchapter 

II, Chapter 98, HTSUS, and therefore 

covers products of the United States that 

are returned after having been advanced 

in value, improved in condition, or 

assembled outside the United States. 

Paragraph (c)(1) provides that those 

products, upon their return to the 

United States, may not be considered 

products of the United States. Paragraph 

(c)(2) applies the same rule to products 

of insular possessions of the United 

States and thus provides that those 

products, if imported into the United 

States after having been advanced in 

value, improved in condition, or 

assembled outside the insular 

possessions, are not to be treated as 

products of those insular possessions. 

It is noted that, pursuant to T.D. 00–

44, an interpretative rule published in 

the Federal Register (65 FR 42634) on 

July 11, 2000, CBP no longer applies 

§ 12.130(c) for purposes of country of 

origin marking of textiles and textile 

products. 

Paragraphs (d) and (e) of § 12.130 set 

forth factors to consider in determining 

whether the standard for determining 

the country of origin of a textile or 

textile product set out in paragraph (b) 

has been met. Paragraph (f) of § 12.130 

requires the submission of a textile 

declaration for importations of textiles 

and textile products subject to section 

204, Agricultural Act of 1956, as 

amended. The textile declaration sets 

forth information regarding the country 

of origin of the imported products. 

Paragraphs (g) and (h) of § 12.130 

authorize the port director to require the 

submission of additional information 

regarding the origin of textiles and 

textile products. Paragraph (i) of 

§ 12.130 defines ‘‘date of exportation’’

for quota, visa or export license 

requirements, and statistical purposes, 

for textiles or textile products subject to 

section 204 of the Agricultural Act of 

1956, as amended. 

On January 1, 2005, the Agreement on 

Textiles and Clothing (‘‘ATC’’) expired. 

The ATC was the successor agreement 

to the Multifiber Arrangement 

Regarding International Trade in 

Textiles (‘‘MFA’’) which governed 

international trade in textiles and 

apparel through the use of quantitative 

restrictions. The ATC provided for the 

integration of textiles and clothing into 

the General Agreement on Tariffs and 

Trade (‘‘GATT’’) regime over a 10-year 

transition period. With the conclusion 

of the 10-year period, the integration 

was complete and the ATC thus 

expired. As of January 1, 2005, textiles 

and apparel products of World Trade 

Organization members are no longer 

subject to quantitative restrictions for 

entry of such products into the United 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58011 

States. The one exception to this would 

be for textiles and textile products 

subject to safeguard actions taken under 

China’s Accession Agreement to the 

World Trade Organization. 

The United States retains bilateral 

textile agreements with certain 

countries that are not members of the 

World Trade Organization. Textile 

products from these countries remain 

subject to applicable restraints which 

are enforced by CBP pursuant to 

directives from the Chairman of CITA. 

By letter dated February 11, 2005, 

CITA, through its chairman, requested 

that CBP review the regulations set forth 

in § 12.130 and recommend appropriate 

changes in light of the conclusion of the 

ten-year transition period for the 

integration of the textiles and apparel 

sector into GATT 1994 to ensure 

ongoing enforcement of trade in textiles 

and apparel. By letter dated February 

23, 2005, CBP responded to CITA’s 

request. CITA agreed by letter dated 

May 4, 2005, that § 12.130 should be 

amended at this time and responded to 

the recommendations offered by CBP in 

response to CITA’s solicitation of 

February 11, 2005. By letter dated July 

28, 2005, the Department of the 

Treasury, pursuant to the authority 

retained by the Department of the 

Treasury over the customs revenue 

functions defined in the Homeland 

Security Act, and pursuant to section 

204 of the Agricultural Act of 1956, as 

amended, as that authority is delegated 

by Executive Order 11651 of March 3, 

1972, and Executive Order 12475 of 

May 9, 1984, and in accordance with the 

policy guidance, recommendation and 

direction provided by the Chairman of 

CITA in his letter of May 4, 2005, 

authorized and directed the Department 

of Homeland Security to promulgate, as 

immediately effective regulations, 

amendments to the CBP regulations 

regarding the country of origin of 

textiles and textile products, including 

changes to the method of reporting 

information relevant to the origin 

determination for textile and apparel 

products. 

Discussion of Amendments 

With the implementation of the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’), the expiration 

of the MFA and its successor, the ATC, 

and the enactment of section 334 of the 

URAA, certain of the provisions of 

§ 12.130 have become out-of-date. 

Accordingly, CBP in this document is 

amending its regulations relating to the 

country of origin of textile and apparel 

products. In addition to revising and 

updating the provisions of § 12.130, this 

document also is re-designating revised 

§ 12.130 as new § 102.22. This will 

consolidate the rules of origin for 

textiles and apparel products from all 

countries in Part 102 of the CBP 

regulations. As a consequence of 

relocating the provisions of § 12.130 to 

Part 102, § 12.130 is removed from the 

CBP regulations. 

It is important to note that in this 

regulatory package CBP is eliminating 

the requirement that a textile 

declaration accompany importations of 

textiles and apparel products. This will 

reduce the paperwork burden on 

importers and is consistent with the 

movement toward paperless entries. 

However, pursuant to guidance from 

CITA and the Department of the 

Treasury, CBP is amending the CBP 

regulations to require that importers of 

textile and apparel products construct 

the manufacturer’s identification code 

(‘‘MID’’) which is declared at the time 

of entry from the name and address of 

the entity performing the originconferring operations. This requirement 

will better enable CBP to enforce trade 

in textile and apparel products. 

CBP has closely consulted with CITA 

in the promulgation of the interim 

amendments set forth in this document. 

A discussion of the interim amendments 

is set forth below. 

Section 102.0, which sets forth the 

scope of Part 102, is amended by 

including a summary of the provisions 

that are being relocated from Part 12 to 

Part 102 pursuant to the amendments 

promulgated by this document. 

Paragraph (a) of § 12.130, which 

defines the scope of textile or textile 

products subject to section 204, 

Agricultural Act of 1956, as amended, 

includes outdated references to the 

MFA and to ‘‘chief value.’’ This 

document amends § 12.130(a) by redesignating this paragraph as paragraph 

(a) of new § 102.22 and by revising the 

provision to accord with the scope of 

coverage set forth in § 102.21. 

Specifically, a cross-reference to the 

definition of ‘‘textile or apparel 

products’’ in § 102.21(b)(5) is added to 

§ 102.22(a). This will ensure uniformity 

of coverage between the regulations for 

determining the origin of textile and 

apparel products of Israel and the 

regulations for determining the origin of 

textile and apparel products of all other 

countries. Consistent with the above, all 

references to ‘‘textile or textile product’’

in § 12.130 are replaced in new § 102.22 

by the words ‘‘textile or apparel 

product,’’ which CBP considers to be 

synonymous with the former phrase. 

Section 12.130(b) is amended by 

incorporating its provisions into 

paragraph (a) of new § 102.22 and by 

clarifying that § 102.22 applies, 

pursuant to section 334 of the URAA, 

only to textile and apparel products that 

are products of Israel. 

Paragraph (c) of § 12.130, which 

concerns the origin of products of the 

United States and products of insular 

possessions of the United States that are 

exported for processing and returned, is 

removed. In view of the limitation of the 

origin rules of § 12.130 (now § 102.22) to 

products of Israel, § 12.130(c) no longer 

has an appropriate context since it has 

no relevance to products of Israel. In 

addition, with the expiration of the 

ATC, CBP believes this provision is 

unnecessary. 

Paragraphs (d) and (e) of § 12.130 set 

forth factors to consider in determining 

whether the standard for determining 

the country of origin of a textile or 

textile product set forth in § 12.130(b) 

(now § 102.22(a)) has been met. 

Paragraphs (d) and (e) are amended by 

re-designating these provisions as 

paragraphs (b) and (c) of new § 102.22, 

respectively, and by clarifying that these 

paragraphs are applicable only in 

determining whether a good is a product 

of Israel, pursuant to section 334 of the 

URAA. 

Paragraph (f) of § 12.130 is removed. 

As discussed above, this eliminates the 

requirement that a textile declaration 

accompany importations of textiles and 

textile products subject to section 204, 

Agricultural Act of 1956, as amended. 

As stated above, CBP is now requiring 

importers of textile and apparel goods to 

include on the CBP Form 3461 (Entry/ 

Immediate Delivery) and CBP Form 

7501 (Entry Summary), and in all 

electronic data transmissions that 

require identification of the 

manufacturer, a manufacturer’s 

identification code (‘‘MID’’) which is 

derived from the name and address of 

the entity performing the originconferring operations. This requirement 

will assist CBP in verifying the country 

of origin of imported textile and apparel 

products, thereby upholding our 

international obligations by properly 

enforcing the international textile 

restraint agreements to which the 

United States is a party. CBP is 

responsible for correctly determining 

the country of origin of textile and 

apparel imports to prevent such goods 

from entering the United States with a 

false country of origin. The MID 

requirement will also assist in ensuring 

that only those textile imports that are 

eligible to receive preferential trade 

benefits receive those benefits. As this 

requirement applies to textile or apparel 

products from all countries, it is set 

forth in paragraph (a) of new § 102.23 of 

the CBP regulations. CBP also is 

amending Part 102 by adding an 

58012 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

appendix to set forth rules for the 

proper construction of MIDs. 

It is noted that importers of all goods 

are required to provide a manufacturer 

or shipper identification code at the 

time of entry. The MID requirement for 

textile or apparel goods described above 

differs from the identification code 

required for all products only in that the 

MID must identify the manufacturer of 

the imported product. 

Paragraphs (g) and (h) of § 12.130 

concern the circumstances under which 

CBP may require additional information 

regarding the origin of imported textile 

or apparel products and, if admissibility 

is an issue, deny the release of such 

products from CBP custody until their 

country of origin is determined. 

Paragraphs (g) and (h) are amended by 

combining the two provisions and redesignating them as paragraph (b) of 

new § 102.23, and by removing any 

references to textile declarations. New 

§ 102.23(b) applies to textile or apparel 

products from all countries. 

Paragraph (i) of § 12.130 is amended 

by re-designating this provision as 

paragraph (c) of new § 102.23 and by 

clarifying that this paragraph is 

applicable only to goods identified in 19 

CFR 102.21(b)(5), regardless of the 

origin of such goods. 

A new paragraph (d) is added to new 

§ 102.22 to provide that the rules of 

origin set forth in § 102.21 are to be used 

to determine the country of origin of a 

textile or apparel product if Israel is 

determined not to be the country of 

origin of the product under § 102.22. 

This application of the rules of origin 

for textile or apparel products is 

consistent with CBP’s practice since the 

implementation of section 334 of the 

URAA . See ‘‘Determination of Origin of 

Textile Goods Processed in Israel,’’

General Statement of Policy, published 

in the Federal Register (61 FR 40076) on 

July 31, 1996. 

Conforming changes are also being 

made in this document to §§ 141.113(b), 

144.38(f)(1), and 146.63(d)(1) of the CBP 

regulations to replace references to 

‘‘§ 12.130’’ with ‘‘§ 102.21 or § 102.22 of 

this chapter, as applicable.’’

Sections 12.131 and 12.132 set forth 

certain procedural matters regarding the 

entry of textiles and textile products in 

general, and the entry of textile and 

apparel products under the North 

American Free Trade Agreement 

(NAFTA), respectively. These sections 

are moved to Part 102 to follow the rules 

of origin for textile and apparel products 

set forth in § 102.21 and new §§ 102.22 

and 102.23 as part of the consolidation 

of the textile regulations. Section 12.131 

is amended by re-designating this 

provision as § 102.24, by replacing the 

references to ‘‘textiles and textile 

products’’ with the words ‘‘textile or 

apparel products,’’ and by replacing the 

reference in paragraph (b) to ‘‘12.130’’

with the words ‘‘§ 102.21 or § 102.22 of 

this chapter, as applicable.’’ Section 

12.131(b) (now § 102.24(b)) is further 

amended by adding the words ‘‘or other 

company’’ in the first sentence after 

‘‘factory, producer or manufacturer’’ to 

address a situation in which a company 

that is declared as the actual 

manufacturer at the time of entry is not 

a factory, producer or manufacturer but 

is a trading company or other type of 

company. 

Section 12.132 is amended by redesignating this provision as new 

§ 102.25 and by replacing the references 

to ‘‘textile and apparel goods’’ with the 

words ‘‘textile or apparel products.’’ As 

the requirement for the submission of a 

textile declaration has been eliminated, 

the language preceding paragraph (a)(1) 

of § 12.132 is removed, as are 

paragraphs (a)(1) and (a)(2), which 

concern declarations by manufacturers 

or producers. Paragraph (a)(3) of 

§ 12.132, pertaining to incomplete 

declarations and the ability of the port 

director to determine the country of 

origin of merchandise, is retained 

although it is amended by deleting the 

reference to the textile declaration. 

Paragraph (b) of § 12.132 is also retained 

as part of new § 102.25. 

Finally, this document amends Part 

163 of the CBP regulations by removing 

from the list of entry records in the 

Appendix (the interim ‘‘(a)(1)(A) list’’) 

the reference to former ‘‘§ 12.130’’ and 

the records listed thereunder and by 

replacing the reference to ‘‘§ 12.132’’ in 

the Appendix with ‘‘§ 102.25.’’

Comments 

Before adopting these interim 

regulations as a final rule, consideration 

will be given to any written comments 

from the general public, including state, 

local, and tribal governments, that are 

timely submitted to CBP, including 

comments on the clarity of the interim 

regulations and how they may be made 

easier to understand. All such 

comments received from the public 

pursuant to this interim rule document 

will be available for public inspection in 

accordance with the Freedom of 

Information Act (5 U.S.C. 552) and 

§ 103.11(b), CBP regulations (19 CFR 

103.11(b)), during regular business days 

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

p.m. at the Trade and Commercial 

Regulations Branch, Customs and 

Border Protection, 799 9th Street, NW. 

(5th Floor), Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 572–

8768. Comments may also be accessed 

at the Federal eRuling Portal. For 

additional information on accessing 

comments via the Federal 

eRulingmaking Portal, see the 

ADDRESSES section of this document. 

Inapplicability of Notice and Delayed 

Effective Date Requirements 

Under the Administrative Procedure 

Act (‘‘APA’’) (5 U.S.C. 553), agencies 

generally are required to publish a 

notice of proposed rulemaking in the 

Federal Register that solicits public 

comment on proposed regulatory 

amendments, consider public comments 

in deciding on the content of the final 

amendments, and publish the final 

amendments at least 30 days prior to 

their effective date. However, section 

553(a)(1) of the APA provides that the 

standard notice and comment 

procedures do not apply to an agency 

rulemaking to the extent that it involves 

a foreign affairs function of the United 

States. The Department of the Treasury 

has directed that these regulations be 

promulgated as immediately effective 

interim regulations because they involve 

a foreign affairs function of the United 

States. 

In order to implement import policies 

with respect to textiles and textile 

products, Congress provided authority 

to the President to negotiate textile 

restraint agreements in section 204 of 

the Agricultural Act of 1956, as 

amended (7 U.S.C. 1854), and the 

authority to carry out such agreements 

by issuing regulations governing the 

entry of merchandise covered by the 

agreements into the United States. The 

amendments set forth in this document, 

which are promulgated in large part 

pursuant to 7 U.S.C. 1854, revise, 

update, and restructure the regulations 

relating to the country of origin of 

textile and apparel products. The 

primary function of these amendments 

is to facilitate the correct reporting (and 

deter the fraudulent reporting) of the 

origin of textile and apparel imports, 

thereby preventing the circumvention or 

frustration of the bilateral textile 

restraint agreements which remain in 

force or which may be negotiated in the 

future as well as prevent the 

contravention of actions taken by CITA 

pursuant to the textile safeguard 

provisions of China’s WTO Accession 

Agreement. The interim regulations set 

forth in this document directly impact 

upon the administration and 

enforcement of the remaining 

quantitative limitations in bilateral trade 

agreements and the unilaterally 

imposed restrictions on textile imports 

by ensuring, to the greatest extent 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58013 

possible, that the correct country of 

origin is attributed to all textile imports. 

In addition, by improving the proper 

reporting of the country of origin of 

textile imports, these interim 

regulations will facilitate enforcement 

and administration of the various 

bilateral and multilateral free trade 

agreements with which the United 

States is a party by helping to ensure 

that only those textile products that are 

entitled to trade benefits receive those 

benefits. 

For the above reasons, it has also been 

determined that prior notice and public 

procedure, and a delayed effective date, 

are impracticable, unnecessary and 

contrary to the public interest pursuant 

to 5 U.S.C. 553(b)(B) and 553(d)(3), 

respectively. 

Executive Order 12866 and Regulatory 

Flexibility Act 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States, as described above, 

and therefore is specifically exempted 

by section 3(d)(2) of Executive Order 

12866. Because a notice of proposed 

rulemaking is not required under 

section 553(b) of the APA for the 

reasons described above, CBP notes that 

the provisions of the Regulatory 

Flexibility Act, as amended (5 U.S.C. 

601 et seq.), do not apply to this 

rulemaking. Accordingly, CBP also 

notes that this interim rule is not subject 

to the regulatory analysis requirements 

or other requirements of 5 U.S.C. 603 

and 604. 

Paperwork Reduction Act 

The collections of information in 

these interim regulations (the 

identification of the manufacturer on 

CBP Form 3461 (Entry/Immediate 

Delivery) and CBP Form 7501 (Entry 

Summary)) have been previously 

reviewed and approved by the Office of 

Management and Budget in accordance 

with the requirements of the Paperwork 

Reduction Act (44 U.S.C. 3507) under 

control numbers 1651–0024 and 1651–

0022, respectively. This interim rule 

clarifies that the manufacturer to be 

identified on entries of textile and 

apparel products must consist of the 

entity performing the origin-conferring 

operations. 

Drafting Information 

The principal authors of this 

document were Cynthia Reese and Craig 

Walker, Office of Regulations and 

Rulings, Customs and Border Protection. 

However, personnel from other offices 

participated in its development. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

regulations (19 CFR 0.1(a)(1)) pertaining 

to the authority of the Secretary of the 

Treasury (or his delegate) to approve 

regulations related to certain CBP 

revenue functions. 

List of Subjects 

19 CFR Part 12 

Customs duties and inspection, Entry 

of merchandise, Imports, Reporting and 

recordkeeping requirements, Textiles 

and textile products, Trade agreements. 

19 CFR Part 102 

Customs duties and inspections, 

Imports, Reporting and recordkeeping 

requirements, Rules of origin, Trade 

agreements. 

19 CFR Part 141 

Bonds, Customs duties and 

inspection, Entry of merchandise, 

Release of merchandise, Reporting and 

recordkeeping requirements. 

19 CFR Part 144 

Bonds, Customs duties and 

inspection, Reporting and 

recordkeeping requirements, 

Warehouses. 

19 CFR Part 146 

Bonds, Customs duties and 

inspection, Entry, Foreign trade zones, 

Imports, Reporting and recordkeeping 

requirements. 

19 CFR Part 163 

Administrative practice and 

procedure, Customs duties and 

inspection, Imports, Reporting and 

recordkeeping requirements, Trade 

agreements. 

Amendments to the Regulations 

■ Accordingly, chapter I of title 19, 

Code of Federal Regulations (19 CFR 

chapter I), is amended as set forth 

below. 

PART 12—SPECIAL CLASSES OF 

MERCHANDISE 

■ 1. The general authority citation for 

Part 12 continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States (HTSUS), 

1624; 

* * * * * 

■ 2. The specific authority citation for 

§§ 12.130 and 12.131 is removed. 

§§ 12.130, 12.131, 12.132 [Removed] 

■ 3. The undesignated center heading 

‘‘TEXTILES AND TEXTILE 

PRODUCTS’’ and §§ 12.130, 12.131, and 

12.132 are removed. 

PART 102—RULES OF ORIGIN 

■ 1. The general authority citation for 

Part 102 is revised to read as follows: 

Authority: 7 U.S.C. 1854, 19 U.S.C. 66, 

1202 (General Note 3(i) Harmonized Tariff 

Schedule of the United States), 1624, 3314, 

3592. 

■ 2. Section 102.0 is revised to read as 

follows: 

§ 102.0 Scope. 

With the exception of §§ 102.21 

through 102.25, this part sets forth rules 

for determining the country of origin of 

imported goods for the purposes 

specified in paragraph 1 of Annex 311 

of the North American Free Trade 

Agreement (‘‘NAFTA’’). These specific 

purposes are: country of origin marking; 

determining the rate of duty and staging 

category applicable to originating textile 

and apparel products as set out in 

Section 2 (Tariff Elimination) of Annex 

300–B (Textile and Apparel Goods); and 

determining the rate of duty and staging 

category applicable to an originating 

good as set out in Annex 302.2 (Tariff 

Elimination). The rules for determining 

the country of origin of textile and 

apparel products set forth in § 102.21 

apply for the foregoing purposes and for 

the other purposes stated in that section. 

Section 102.22 sets forth rules for 

determining whether textile and apparel 

products are considered products of 

Israel for purposes of the customs laws 

and the administration of quantitative 

limitations. Sections 102.23 through 

102.25 set forth certain procedural 

requirements relating to the importation 

of textile and apparel products. 

■ 3. New §§ 102.22 through 102.25 are 

added to read as follows: 

§ 102.22 Rules of origin for textile and 

apparel products of Israel. 

(a) Applicability. The provisions of 

this section will control for purposes of 

determining whether a textile or apparel 

product, as defined in § 102.21(b)(5), is 

considered a product of Israel for 

purposes of the customs laws and the 

administration of quantitative 

limitations. A textile or apparel product 

will be a product of Israel if it is wholly 

the growth, product, or manufacture of 

Israel. However, a textile or apparel 

product that consists of materials 

produced or derived from, or processed 

in, another country, or insular 

possession of the United States, in 

58014 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

addition to Israel, will be a product of 

Israel if it last underwent a substantial 

transformation in Israel. A textile or 

apparel product will be considered to 

have undergone a substantial 

transformation if it has been 

transformed by means of substantial 

manufacturing or processing operations 

into a new and different article of 

commerce. 

(b) Criteria for determining country of 

origin for products of Israel. The criteria 

in paragraphs (b)(1) and (b)(2) of this 

section will be considered in 

determining whether an imported 

textile or apparel product is a product 

of Israel. These criteria are not 

exhaustive. One or any combination of 

criteria may be determinative, and 

additional factors may be considered. 

(1) A new and different article of 

commerce will usually result from a 

manufacturing or processing operation 

if there is a change in: 

(i) Commercial designation or 

identity; 

(ii) Fundamental character; or 

(iii) Commercial use. 

(2) In determining whether 

merchandise has been subjected to 

substantial manufacturing or processing 

operations, the following will be 

considered: 

(i) The physical change in the 

material or article as a result of the 

manufacturing or processing operations 

in Israel or in Israel and a foreign 

territory or country or insular 

possession of the U.S.; 

(ii) The time involved in the 

manufacturing or processing operations 

in Israel or in Israel and a foreign 

territory or country or insular 

possession of the U.S.; 

(iii) The complexity of the 

manufacturing or processing operations 

in Israel or in Israel and a foreign 

territory or country or insular 

possession of the U.S.; 

(iv) The level or degree of skill and/ 

or technology required in the 

manufacturing or processing operations 

in Israel or in Israel and a foreign 

territory or country or insular 

possession of the U.S.; and 

(v) The value added to the article or 

material in Israel or in Israel and a 

foreign territory or country or insular 

possession of the U.S., compared to its 

value when imported into the U.S. 

(c) Manufacturing or processing 

operations. (1) An article or material 

usually will be a product of Israel when 

it has undergone in Israel prior to 

importation into the United States any 

of the following: 

(i) Dyeing of fabric and printing when 

accompanied by two or more of the 

following finishing operations: 

bleaching, shrinking, fulling, napping, 

decating, permanent stiffening, 

weighting, permanent embossing, or 

moireing; 

(ii) Spinning fibers into yarn; 

(iii) Weaving, knitting or otherwise 

forming fabric; 

(iv) Cutting of fabric into parts and the 

assembly of those parts into the 

completed article; or 

(v) Substantial assembly by sewing 

and/or tailoring of all cut pieces of 

apparel articles which have been cut 

from fabric in another foreign territory 

or country, or insular possession of the 

U.S., into a completed garment (e.g., the 

complete assembly and tailoring of all 

cut pieces of suit-type jackets, suits, and 

shirts). 

(2) An article or material usually will 

not be considered to be a product of 

Israel by virtue of merely having 

undergone any of the following: 

(i) Simple combining operations, 

labeling, pressing, cleaning or dry 

cleaning, or packaging operations, or 

any combination thereof; 

(ii) Cutting to length or width and 

hemming or overlocking fabrics which 

are readily identifiable as being 

intended for a particular commercial 

use; 

(iii) Trimming and/or joining together 

by sewing, looping, linking, or other 

means of attaching otherwise completed 

knit-to-shape component parts 

produced in a single country, even 

when accompanied by other processes 

(e.g., washing, drying, and mending) 

normally incident to the assembly 

process; 

(iv) One or more finishing operations 

on yarns, fabrics, or other textile 

articles, such as showerproofing, 

superwashing, bleaching, decating, 

fulling, shrinking, mercerizing, or 

similar operations; or 

(v) Dyeing and/or printing of fabrics 

or yarns. 

(d) Results of origin determination. If 

Israel is determined to be the country of 

origin of a textile or apparel product by 

application of the provisions in 

paragraphs (a), (b), and (c) of this 

section, the inquiry into the origin of the 

product ends. However, if Israel is 

determined not to be the country of 

origin of a textile or apparel product by 

application of the provisions in 

paragraphs (a), (b), and (c) of this 

section, the country of origin of the 

product will be determined under the 

rules of origin set forth in § 102.21, 

although the application of those rules 

cannot result in Israel being the country 

of origin of the product. 

§ 102.23 Origin and Manufacturer 

Identification 

(a) Textile or Apparel Product 

Manufacturer Identification. All entries 

of textile or apparel products listed in 

§ 102.21(b)(5) must identify on CBP 

Form 3461 (Entry/Immediate Delivery) 

and CBP Form 7501 (Entry Summary), 

and in all electronic data transmissions 

that require identification of the 

manufacturer, the manufacturer of such 

products through a manufacturer 

identification code (MID) constructed 

from the name and address of the entity 

performing the origin-conferring 

operations pursuant to § 102.21 or 

§ 102.22, as applicable. This code must 

be accurately constructed using the 

methodology set forth in the Appendix 

to this part, including the use of the 

two-letter International Organization for 

Standardization (ISO) code for the 

country of origin of such products. 

When a single entry is filed for products 

of more than one manufacturer, the 

products of each manufacturer must be 

separately identified. Importers must be 

able to demonstrate to CBP their use of 

reasonable care in determining the 

manufacturer. If an entry filed for such 

merchandise fails to include the MID 

properly constructed from the name and 

address of the manufacturer, the port 

director may reject the entry or take 

other appropriate action. 

(b) Incomplete or insufficient 

information. If the port director is 

unable to determine the country of 

origin of a textile or apparel product, the 

importer must submit additional 

information as requested by the port 

director. Release of the product from 

CBP custody will be denied until a 

determination of the country of origin is 

made based upon the information 

provided or the best information 

available. 

(c) Date of exportation. For quota, visa 

or export license requirements, and 

statistical purposes, the date of 

exportation for textile or apparel 

products listed in § 102.21(b)(5) will be 

the date the vessel or carrier leaves the 

last port in the country of origin, as 

determined by application of § 102.21 or 

§ 102.22, as applicable. Contingency of 

diversion in another foreign territory or 

country will not change the date of 

exportation for quota, visa or export 

license requirements or for statistical 

purposes. 

§ 102.24 Entry of textile or apparel 

products. 

(a) General. Separate shipments of 

textile or apparel products, including 

samples, which originate from a country 

subject to visa or export license 

requirements for exports of textile or 

Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 58015 

apparel products, arriving in the 

customs territory of the United States 

for one consignee on the same 

conveyance on the same day, the 

combined value of which is over $250, 

will not be entered under the informal 

entry procedures set forth in subpart C, 

Part 143 or procedures set forth in 

§ 141.52 of this chapter. Port directors 

will refuse separate informal entries and 

require a formal entry and visa or export 

license, as appropriate, for all such 

merchandise. A consignee for purposes 

of this section is the ultimate consignee 

and does not include a freight forwarder 

or Customs broker not importing for its 

own account. 

(b) Denial of entry pursuant to 

directive. Textile or apparel products 

subject to section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 

1854), whether or not the requirements 

set forth in § 102.21 or § 102.22, as 

applicable, have been met, will be 

denied entry where the factory, 

producer, manufacturer, or other 

company named in the entry documents 

for such textile or apparel products is 

named in a directive published in the 

Federal Register by the Committee for 

the Implementation of Textile 

Agreements as a company found to be 

illegally transshipping, closed or unable 

to produce records to verify production. 

In these circumstances, no additional 

information will be accepted or 

considered by CBP for purposes of 

determining the admissibility of such 

textile or apparel products. 

§ 102.25 Textile or apparel products under 

the North American Free Trade Agreement. 

In connection with a claim for 

NAFTA preferential tariff treatment 

involving non-originating textile or 

apparel products subject to the tariff 

preference level provisions of appendix 

6.B to Annex 300–B of the NAFTA and 

Additional U.S. Notes 3 through 6 to 

Section XI, Harmonized Tariff Schedule 

of the United States, the importer must 

submit to CBP a Certificate of Eligibility 

covering the products. The Certificate of 

Eligibility must be properly completed 

and signed by an authorized official of 

the Canadian or Mexican government 

and must be presented to CBP at the 

time the claim for preferential tariff 

treatment is filed under § 181.21 of this 

chapter. If the port director is unable to 

determine the country of origin of the 

products, they will not be entitled to 

preferential tariff treatment or any other 

benefit under the NAFTA for which 

they would otherwise be eligible. 

■ 4. Part 102 is amended by adding an 

appendix to read as follows: 

Appendix To Part 102—Textile and Apparel 

Manufacturer Identification 

Rules for Constructing the Manufacturer 

Identification Code (MID) 

1. Pursuant to § 102.23(a) of this part, all 

entries of textile or apparel products listed in 

§ 102.21(b)(5) must identify on CBP Form 

3461 (Entry/Immediate Delivery) and CBP 

Form 7501 (Entry Summary), and in all 

electronic data transmissions that require 

identification of the manufacturer, the 

manufacturer of such products through a 

manufacturer identification code (MID) 

constructed from the name and address of the 

entity performing the origin-conferring 

operations. The MID may be up to 15 

characters in length, with no spaces inserted 

between the characters. 

2. The first 2 characters of the MID consist 

of the ISO code for the actual country of 

origin of the goods. The one exception to this 

rule is Canada. ‘‘CA’’ is not a valid country 

code for the MID; instead, one of the 

appropriate province codes listed below must 

be used: 

ALBERTA—XA 

BRITISH COLUMBIA—XC 

MANITOBA—XM 

NEW BRUNSWICK—XB 

NEWFOUNDLAND (LABRADOR)—XW 

NORTHWEST TERRITORIES—XT 

NOVA SCOTIA—XN 

NUNAVUT—XV 

ONTARIO—XO 

PRINCE EDWARD ISLAND—XP 

QUEBEC—XQ 

SASKATCHEWAN—XS 

YUKON TERRITORY—XY 

3. The next group of characters in the MID 

consists of the first three characters in each 

of the first two ‘‘words’’ of the manufacturer’s 

name. If there is only one ‘‘word’’ in the 

name, then only the first three characters 

from the name are to be used. For example, 

‘‘Amalgamated Plastics Corp.’’ would yield 

‘‘AMAPLA,’’ and ‘‘Bergstrom’’ would yield 

‘‘BER.’’ If there are two or more initials 

together, they are to be treated as a single 

word. For example, ‘‘A.B.C. Company’’ or ‘‘A 

B C Company’’ would yield ‘‘ABCCOM,’’

‘‘O.A.S.I.S. Corp.’’ would yield ‘‘OASCOR,’’

‘‘Dr. S.A. Smith’’ would yield ‘‘DRSA,’’ and 

‘‘Shavings B L Inc.’’ would yield ‘‘SHABL.’’

The English words ‘‘a,’’ ‘‘an,’’ ‘‘and,’’ ‘‘of,’’

and ‘‘the’’ in the manufacturer’s name are to 

be ignored. For example, ‘‘The Embassy of 

Spain’’ would yield ‘‘EMBSPA.’’ Portions of 

a name separated by a hyphen are to be 

treated as a single word. For example, 

‘‘Rawles-Aden Corp.’’ or ‘‘Rawles—Aden 

Corp.’’ would both yield ‘‘RAWCOR.’’ Some 

names include numbers. For example, ‘‘20th 

Century Fox’’ would yield ‘‘20TCEN’’ and 

‘‘Concept 2000’’ would yield ‘‘CON200.’’

a. Some words in the title of the foreign 

manufacturer’s name are not to be used for 

the purpose of constructing the MID. For 

example, most textile factories in Macau start 

with the same words, ‘‘Fabrica de Artigos de 

Vestuario,’’ which means ‘‘Factory of 

Clothing.’’ For a factory named ‘‘Fabrica de 

Artigos de Vestuario JUMP HIGH Ltd,’’ the 

portion of the factory name that identifies it 

as a unique entity is ‘‘JUMP HIGH.’’ This is 

the portion of the name that should be used 

to construct the MID. Otherwise, all of the 

MIDs from Macau would be the same, using 

‘‘FABDE,’’ which is incorrect. 

b. Similarly, many factories in Indonesia 

begin with the prefix PT, such as ‘‘PT Morich 

Indo Fashion.’’ In Russia, other prefixes are 

used, such as ‘‘JSC,’’ ‘‘OAO,’’ ‘‘OOO,’’ and 

‘‘ZAO.’’ These prefixes are to be ignored for 

the purpose of constructing the MID. 

4. The next group of characters in the MID 

consists of the first four numbers in the 

largest number on the street address line. For 

example, ‘‘11455 Main Street, Suite 9999’’

would yield ‘‘1145.’’ A suite number or a 

post office box is to be used if it contains the 

largest number. For example, ‘‘232 Main 

Street, Suite 1234’’ would yield ‘‘1234.’’ If 

the numbers in the street address are spelled 

out, such as ‘‘One Thousand Century Plaza,’’

no numbers representing the manufacturer’s 

address will appear in this section of the 

MID. However, if the address is ‘‘One 

Thousand Century Plaza, Suite 345,’’ this 

would yield ‘‘345.’’ When commas or 

hyphens separate numbers, all punctuation is 

to be ignored and the number that remains 

is to be used. For example, ‘‘12,34,56 Alaska 

Road’’ and ‘‘12–34–56 Alaska Road’’ would 

yield ‘‘1234.’’ When numbers are separated 

by a space, both numbers are recognized and 

the larger of the two numbers is to be 

selected. For example, ‘‘Apt. 509 2727 

Cleveland St.’’ would yield ‘‘2727.’’

5. The last characters in the MID consist of 

the first three letters in the city name. For 

example, ‘‘Tokyo’’ would yield ‘‘TOK,’’ ‘‘St. 

Michel’’ would yield ‘‘STM,’’ ‘‘18-Mile High’’

would yield ‘‘MIL,’’ and ‘‘The Hague’’ would 

yield ‘‘HAG.’’ Numbers in the city name or 

line are to be ignored. For city-states, the first 

three letters are to be taken from the country 

name. For example, Hong Kong would yield 

‘‘HON,’’ Singapore would yield ‘‘SIN,’’ and 

Macau would yield ‘‘MAC.’’

6. As a general rule, in constructing a MID, 

all punctuation, such as commas, periods, 

apostrophes, and ampersands, are to be 

ignored. All single character initials, such as 

the ‘‘S’’ in ‘‘Thomas S. Delvaux Company,’’

are also to be ignored, as are leading spaces 

in front of any name or address. 

7. Examples of manufacturer names and 

addresses and their corresponding MIDs are 

listed below: 

LA VIE DE FRANCE, 243 Rue de la Payees, 

62591 Bremond, France; FRLAVIE243BRE 

20TH CENTURY TECHNOLOGIES, 5 Ricardo 

Munoz, Suite 5880, Caracas, Venezuela; 

VE20TCEN5880CAR 

Fabrica de Artigos de Vestuario TOP JOB, 

Grand River Building, FI 2–4, Macau; 

MOTOPJOB24MAC 

THE GREENHOUSE, 45 Royal Crescent, 

Birmingham, Alabama 35204; 

USGRE45BIR 

CARDUCCIO AND JONES, 88 Canberra 

Avenue, Sidney, Australia; 

AUCARJON88SID 

N. MINAMI & CO., LTD., 2–6, 8–Chome 

Isogami-Dori, Fukiai-Ku, Kobe, Japan; 

JPMINCO26KOB 

BOCCHACCIO S.P.A., Visa Mendotti, 61, 

8320 Verona, Italy; ITBOCSPA61VER 

MURLA-PRAXITELES INC., Athens, Greece; 

GRMURINCATH 

SIGMA COY E.X.T., 4000 Smyrna, Italy, 1640 

Delgado; ITSIGCOY1640SMY 

58016 Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Rules and Regulations 

COMPANHIA TEXTIL KARSTEN, Calle 

Grande, 25–27, 67890 Lisbon, Portugal, 

PTKAR2527LIS 

HURON LANDMARK, 1840 Huron Road, 

Windsor, ON, Canada N9C 2L5; 

XOHURLAN1840WIN 

PART 141—ENTRY OF MERCHANDISE 

■ 5. The general authority citation for 

Part 141 and specific authority citation 

for § 114.113 continue to read as 

follows: 

Authority: 19 U.S.C. 66, 1448, 1624. 

* * * * * 

Section 141.113 also issued under 19 

U.S.C. 1499, 1623. 

§ 141.113 [Amended] 

■ 6. In § 141.113, paragraph (b) is 

amended by removing the words 

‘‘12.130 of this chapter’’ and by adding, 

in their place, the words ‘‘§ 102.21 or 

§ 102.22 of this chapter, as applicable,’’. 

PART 144—WAREHOUSE AND 

REWAREHOUSE ENTRIES AND 

WITHDRAWALS 

■ 7. The general authority citation for 

Part 144 continues to read as follows: 

Authority: 19 U.S.C. 66, 1484, 1557, 1559, 

1624. 

* * * * * 

§ 144.38 [Amended] 

■ 8. In § 144.38, paragraph (f)(1) is 

amended by removing the words 

‘‘§ 12.130 of this chapter’’ and by 

adding, in their place, the words 

‘‘§ 102.21 or § 102.22 of this chapter, as 

applicable’’. 

PART 146—FOREIGN TRADE ZONES 

■ 9. The authority citation for Part 146 

is revised to read as follows: 

Authority: 19 U.S.C. 66, 81a–81u, 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States), 1623, 1624. 

§ 146.63 [Amended] 

■ 10. In § 146.63, paragraph (d)(1) is 

amended by removing the words 

§ 12.130 of this chapter’’ and by adding, 

in their place, the words ‘‘§ 102.21 or 

§ 102.22 of this chapter, as applicable’’. 

PART 163—RECORDKEEPING 

■ 11. The authority citation for Part 163 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1484, 1508, 1510, 1624. 

■ 12. The Appendix to Part 163 is 

amended by removing under section IV 

the listing of ‘‘§ 12.130 Textiles and 

textile products Single country 

declaration Multiple country 

declaration VISA’’ and the listing of 

‘‘§ 12.132 NAFTA textile requirements’’, 

and by adding a new listing under 

section IV in numerical order to read as 

follows: 

Appendix to Part 163—Interim (a)(1)(A) 

List. 

* * * * * 

IV. * * * 

§ 102.25 NAFTA textile requirements 

* * * * * 

Robert C. Bonner, 

Commissioner of Customs and Border 

Protection. 

Approved: September 30, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 05–19985 Filed 9–30–05; 2:38 pm] 

BILLING CODE 9110–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 179 

Munitions Response Site Prioritization 

Protocol 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(hereinafter the Department) is 

promulgating the Munitions Response 

Site (MRS) Prioritization Protocol 

(MRSPP) (hereinafter referred to as the 

rule) as a rule. This rule implements the 

requirement established in section 

311(b) of the National Defense 

Authorization Act for Fiscal Year 2002 

for the Department to assign a relative 

priority for munitions responses to each 

location (hereinafter MRS) in the 

Department’s inventory of defense sites 

known or suspected of containing 

unexploded ordnance (UXO), discarded 

military munitions (DMM), or 

munitions constituents (MC). 

DATES: This rule is effective October 5, 

2005. 

FOR FURTHER INFORMATION CONTACT: If 

there are specific questions or to request 

an opportunity to review the docket for 

this rulemaking, please contact Ms. 

Patricia Ferrebee, Office of the Deputy 

Under Secretary of Defense 

(Installations & Environment) [ODUSD 

(I&E)], 703–571–9060. This final rule 

along with relevant background 

information is available on the World 

Wide Web at the Defense Environmental 

Network & Information eXchange Web 

site, https://www.denix.osd.mil/MMRP. 

SUPPLEMENTARY INFORMATION: 

Preamble Outline 

I. Authority 

II. Background 

III. Summary of Significant Changes to the 

Final Rule 

IV. Response to Comments 

A. Applicability and Scope 

B. Definitions 

C. Policy 

D. Responsibilities 

E. Procedures 

1. Explosive Hazard Evaluation Module 

2. Chemical Warfare Materiel Hazard 

Evaluation Module 

3. Health Hazard Evaluation Module 

4. Determining the Munitions Response 

Site (MRS) Priority 

F. Sequencing 

V. Administrative Requirements 

A. Regulatory Impact Analysis Pursuant to 

Executive Order 12866 

B. Regulatory Flexibility Act 

C. Unfunded Mandates 

D. Paperwork Reduction Act 

E. National Technology Transfer and 

Advancement Act 

F. Environmental Justice Requirements 

under Executive Order 12898 

G. Federalism Considerations under 

Executive Order 13132 

I. Authority 

This rule is being finalized under the 

authority of section 311(b) of the 

National Defense Authorization Act for 

Fiscal Year 2002, codified at section 

2710(b) of title 10 of the U.S. Code [10 

U.S.C. 2710(b)]. 

II. Background 

The Department of Defense 

(hereinafter the Department) developed 

the rule in consultation with states and 

tribes, as required by statute. The 

Department published the proposed rule 

in the Federal Register as a proposed 

rule on August 22, 2003, at 68 FR 50900. 

A technical correction to the proposed 

rule was published on September 10, 

2003, at 68 FR 53430. 

The public comment period for the 

proposed rule ended November 19, 

2003. Sixteen commenters submitted 

comments on the proposed rule. The 

preamble to this final rule consists 

mainly of an explanation of the 

Department’s responses to these 

comments. Therefore, both this 

preamble and the preamble to the 

proposed rule should be reviewed 

should a question arise as to the 

meaning or intent of the final rule. 

Unless directly contradicted or 

superseded by this preamble to the rule 

or by the rule, the preamble to the 

proposed rule reflects the Department’s 

intent for the rule. 

The preamble to the final rule 

provides a discussion of each proposed 

rule section on which comments were 

received. Revisions to the proposed rule 

that are simply editorial or that do not