[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Page 30373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13052]



[[Page 30373]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[Docket Number: 100419191-0191-01]
RIN 0625-XA06


Elimination of Form ITA--362P, Information on Articles for 
Physically or Mentally Handicapped Persons Imported Duty-Free

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice.

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SUMMARY: Through this action, the Department of Commerce's 
International Trade Administration (ITA) notifies the public that Form 
ITA-362P, which importers of articles for the handicapped were required 
to complete in order to receive duty-free treatment, has been 
discontinued as of May 31, 2010. Form ITA-362P has been eliminated 
because the majority of the information obtained through this form is 
currently available to ITA through Customs and Border Protection's 
(CBP) Automated Commercial System (ACS), and therefore the form has 
become redundant. ITA reserves its right to request information from 
importers in addition to that available through an ACS data query, in 
the case that it must perform an adverse impact assessment pursuant to 
section Sec.  1121(g) of the Omnibus Trade and Competitiveness Act of 
1988.

ADDRESSES: Copies of this notice can be obtained from ITA at 1401 
Constitution Ave., NW., Room 3720, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Questions about this notice can be 
directed to Callie Conroy at 202-482-0754 or via the Internet at 
<a href="/cdn-cgi/l/email-protection#0f6c6e6363666a216c60617d60764f7b7d6e6b6a21686079"><span class="__cf_email__" data-cfemail="a6c5c7cacacfc388c5c9c8d4c9dfe6d2d4c7c2c388c1c9d0">[email protected]</span></a>.
    Background: On May 21, 1952, the Agreement on the Important of 
Educational, Scientific and Cultural Materials (17 UST 1835; TIAS 6129; 
131 UNTS 25), otherwise known as the ``Florence Agreement,'' entered 
into force at the United Nations. Pursuant to the Florence Agreement, 
signatories agreed to allow the duty-free treatment of goods that were 
determined to facilitate the free exchange of knowledge and ideas. In 
1976, the ``Nairobi Protocol,'' a supplementary agreement to the 
Florence Agreement, expanded the scope of the Florence Agreement to 
include duty-free treatment of imports of articles for the use or 
benefit of physically or mentally handicapped persons, as well as for 
the blind.
    To enact the Florence Agreement, including the Nairobi Protocol, in 
1982, Congress passed the Educational, Scientific, and Cultural 
Materials Act of 1982 (Pub. L. 97-446, 96 Stat. 2346), which provided 
for duty-free treatment of ``[a]rticles specially designed or adapted 
for the use or benefit of the blind or other physically or mentally 
handicapped persons.'' This provision was implemented by Presidential 
Proclamation 5021, dated February 14, 1983 (48 FR 6883). In 1988, the 
Congress re-enacted the provisions implementing the Nairobi Protocol in 
Sec.  1121 of the Omnibus Trade and Competitiveness Act of 1988 (``the 
Act''), Public Law 100-418, 102 Stat. 1107, as amended by section 
9001(a)(17) of the Technical and Miscellaneous Revenue Act of 1988, 
Public Law 100-647. Section 1121 of the Act, along with Presidential 
Proclamation 5978 (54 FR 21187, May 12, 1989), implemented the Nairobi 
Protocol under subheadings 9817.00.92, 9817.00.94, and 9817.00.96, of 
the Harmonized Tariff Schedule of the United States (HTSUS), and became 
effective on January 1, 1989.
    Section 1121(g) of the Act gives the President the ability to 
modify the tariff treatment of articles for the handicapped in the 
event that such treatment creates a ``significant adverse impact on a 
domestic industry (or a portion thereof) manufacturing or producing a 
like or directly competitive article.'' The law directs the Secretaries 
of the Treasury (who at the time was the head of the U.S. Customs 
Service) and of Commerce to collect ``adequate statistical 
information'' in the case that a determination under Sec.  1121(g) 
needs to be made. See Section 1121 (i) of the Act.
    To implement Sec.  1121(i) of the Act, ITA created and issued Form 
ITA-362P, Information on Articles for Physically or Mentally 
Handicapped Persons Imported Free of Duty. Through this form, ITA 
collects statistical information on duty-free imports of handicapped 
equipment. In order to obtain duty-free treatment for handicapped 
articles, importers were required to submit a paper copy of Form ITA-
362P to both CBP and to ITA. The form required that the importer, inter 
alia, describe the imported articles, and indicate the HTSUS chapter 
subheading applicable to the import.
    However, in reviewing the continued necessity of its forms, 
pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, ITA has 
determined that most of the information it required of importers 
through Form ITA-362P can be obtained through CBP's ACS. Further, 
pursuant to a Memorandum of Understanding between ITA and CBP, ITA has 
access to this information through a data query of the ACS, thus 
satisfying its responsibilities under Sec.  1121(i) of the Act. 
Accordingly, ITA has determined that Form ITA-362P can be discontinued.
    ITA notes that despite the discontinuance of Form ITA-362P, imports 
under this provision are still subject to the applicable laws and 
requirements for customs entry. Additionally, ITA reserves its right to 
request additional information from importers in the case that it must 
perform an adverse impact assessment pursuant to section Sec.  1121(g) 
of the Act. Thus, if ITA finds that it requires additional information 
(apart from that available under an ACS query) to perform an adverse 
impact assessment, importers requesting duty-free treatment under this 
provision may be required to provide ITA with additional information 
e.g., the type of entity that is purchasing or importing the article, 
and the ultimate disposition of the article.

    Dated: May 24, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-13052 Filed 5-28-10; 8:45 am]
BILLING CODE 3510-DS-P


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