Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Notices 30373 

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. 

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 § 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 

callie.conroy@trade.gov. 

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 

§ 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 § 1121(g) needs 

to be made. See Section 1121 (i) of the 

Act. 

To implement § 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 

§ 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 § 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–905] 

Certain Polyester Staple Fiber From 

the People’s Republic of China: 

Extension of Preliminary Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is extending the time 

limit for the preliminary results of the 

administrative review of certain 

polyester staple fiber from the People’s 

Republic of China (‘‘PRC’’). This review 

covers the period June 1, 2008, through 

May 31, 2009. 

DATES: Effective Date: June 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Huang or Steven Hampton, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–4047 or (202) 482– 

0016, respectively. 


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