Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 53191 

Background 

On May 30, 2008, the Department 

published the preliminary results of the 

2006–2007 administrative review of the 

antidumping duty order on certain 

polyester staple fiber from the Republic 

of Korea. See Certain Polyester Staple 

Fiber from Korea: Preliminary Results of 

the 2006/2007 Antidumping Duty 

Administrative Review, 73 FR 31058 

(May 30, 2008). In our preliminary 

results, we stated that we would issue 

our final results for the antidumping 

duty administrative review no later than 

120 days after the date of publication of 

the preliminary results (i.e., September 

27, 2008). 

Extension of Time Limits for Final 

Results 

The Department has determined that 

completion of the final results of this 

review within the original time period 

is not practicable due to the complex 

legal and factual issues that have arisen 

since the issuance of our preliminary 

results of review. Specifically, the 

Department requires additional time to 

review interested parties’ comments on 

information regarding respondent’s, 

Huvis Corporation’s, affiliated parties. 

Thus, in accordance with section 

751(a)(3)(A) of the Act, the Department 

is extending the time period for issuing 

the final results of review by an 

additional 60 days, until November 26, 

2008. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(3)(A) and 777(i)(1) of the Act. 

Dated: September 8, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–21362 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Imports of Certain Apparel Articles: 

Interim Procedures for the 

Implementation of the Earned Import 

Allowance Program Established Under 

the Food, Conservation, and Energy 

Act of 2008 

ACTION: Interim procedures, request for 

comments. 

SUMMARY: The Department of Commerce 

is issuing interim procedures 

implementing provisions under the 

Food, Conservation, and Energy Act of 

2008 (‘‘the Act’’), enacted in its entirety 

by Congress on June 18, 2008. Title XV, 

Subtitle D, Part I of the Act contains 

amendments to the special rules for 

apparel and other textiles from Haiti in 

Section 213A(b) of the Caribbean Basin 

Economic Recovery Act (‘‘CBERA’’) (19 

U.S.C. 2703a(b)), including rules 

enacted in 2006 by the Haitian 

Hemispheric Opportunity through 

Partnership Encouragement Act of 2006 

(‘‘HOPE’’). These amendments are also 

cited as the ‘‘Haitian Hemispheric 

Opportunity through Partnership 

Encouragement Act of 2008’’ (‘‘HOPE 

II’’). Under Section 15402 of the Act, 

Section 213A(b) of CBERA is amended 

by creating a benefit for apparel wholly 

assembled or knit-to-shape in Haiti that 

meets a ‘‘3 for 1’’ earned import 

allowance. The amendment requires the 

Secretary of Commerce to establish a 

program to provide earned import 

allowance certificates to any producer 

or entity controlling production of 

apparel in Haiti, such that apparel 

wholly assembled or knit-to-shape in 

Haiti from any combination of fabrics, 

fabric components, components knit-toshape, or yarns, regardless of their 

source, and imported directly from Haiti 

or the Dominican Republic may enter 

the United States duty-free, pursuant to 

the satisfaction of the terms governing 

issuance of the earned import allowance 

certificate by the producer or entity 

controlling production of apparel in 

Haiti. 

DATES: These interim procedures are 

effective as of September 30, 2008. 

Although these procedures are not 

subject to the requirement to provide 

prior notice and opportunity for public 

comment under 5 U.S.C. 553(b)(A) 

(‘‘Administrative Procedures Act’’), 

Commerce will consider written 

comments received by 5 p.m. on 

November 14, 2008. 

ADDRESSES: Comments should be 

addressed to: R. Matthew Priest, Deputy 

Assistant Secretary for Textiles and 

Apparel, Room 3001, United States 

Department of Commerce, Washington, 

DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Maria Dybczak, Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3651. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Commerce is 

issuing interim procedures 

implementing Section 15402 of the Act, 

which was enacted in its entirety by 

Congress on June 18, 2008. Title XV, 

Subtitle D, Part I of the Act contains 

amendments to the special rules for 

apparel and other textiles from Haiti in 

Section 213A(b) of CBERA (19 U.S.C. 

2703a(b)), including rules enacted in 

2006 by HOPE. These amendments are 

also cited as HOPE II. 

Under Section 15402 of the Act, 

Section 213A(b) of CBERA is amended 

by creating an uncapped benefit for 

apparel wholly assembled or knit-toshape in Haiti that meets a ‘‘3 for 1’’ 

earned import allowance. The Act 

requires that the Secretary of Commerce 

establish an Earned Import Allowance 

program under Section 213A(b) such 

that apparel wholly assembled or knitto-shape in Haiti from any combination 

of fabrics, fabric components, 

components knit-to-shape, or yarns and 

imported directly from Haiti or the 

Dominican Republic shall enter the 

United States free of duty, without 

regard to the source of the fabrics, fabric 

components, components knit-to-shape 

or yarns from which the articles are 

made, if such apparel articles are 

accompanied by an earned import 

allowance certificate (‘‘certificate’’) that 

reflects the amount of credits equal to 

the total square meter equivalent 

(‘‘SME’’) of such apparel articles, in 

accordance with the program outlined 

below. The Secretary of Commerce has 

delegated his authority under the Act to 

implement and administer the Earned 

Import Allowance program to the 

International Trade Administration’s 

Office of Textiles and Apparel 

(‘‘OTEXA’’). 

This notice sets forth the interim 

procedures OTEXA will follow in 

implementing the provisions of HOPE II 

and the Earned Import Allowance 

program. In accordance with these 

procedures, OTEXA will issue 

certificates to qualifying apparel 

producers to accompany imports of 

apparel wholly formed or knit-to-shape 

in Haiti and exported from Haiti or the 

Dominican Republic. Such certificates 

will be issued as long as there is 

sufficient balance of SMEs available as 

a result of the purchase of qualifying 

woven fabrics or qualifying knit fabrics, 

as defined below, intended for 

production in Haiti. OTEXA, promptly 

upon promulgation of these interim 

procedures, intends to begin the process 

of opening and administering qualifying 

apparel producers’ accounts to issue 

certificates as appropriate. 

These procedures may be modified in 

the future to address concerns that may 

arise as OTEXA gains experience in 

implementing them. Pursuant to the 

Secretary’s delegation of authority, 

OTEXA may reconsider, and/or 

subsequently amend, any determination 

to deposit credits or request to issue 

certificates that may have been procured 

by error, fraud, or similar faults. 

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53192 Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 

Interim Procedures 

1. Introduction: OTEXA will issue a 

certificate to any producer or entity 

controlling production in Haiti 

(‘‘qualifying apparel producer’’) based 

on the following elements: (1) One SME 

credit shall be issued to a qualifying 

apparel producer for every three SMEs 

of qualifying woven fabric or qualifying 

knit fabric that the qualifying apparel 

producer can demonstrate that it 

purchased for the manufacture in Haiti 

of apparel wholly assembled or knit-toshape in Haiti. SME quantities are to be 

calculated by the use of the appropriate 

conversion factor, defined below. 

OTEXA shall, as requested by a 

qualifying apparel producer, create and 

maintain an account for such qualifying 

apparel producer, into which such 

credits shall be deposited. (2) Such 

qualifying apparel producer may 

redeem credits for certificates reflecting 

such number of credits as the qualifying 

apparel producer may request and has 

available. Requests for deposits of 

credits for purchases of qualifying 

woven fabrics and qualifying knit 

fabrics as well as redemption of said 

credits for earned import allowance 

certificates will be made through a 

dedicated on-line system, known as the 

Haiti HOPE II Earned Import Allowance 

Online System (‘‘HOPE II online 

system’’). 

2. Definitions: 

a. The Act: The Food, Conservation, 

and Energy Act of 2008. 

b. Conversion Factor: Conversion 

factors listed in ‘‘Correlation: U.S. 

Textile and Apparel Industry Category 

System with the Harmonized Tariff 

Schedule of the United States of 

America, 2008,’’ or its successor 

publications, of the United States 

Department of Commerce. 

c. Imported Directly from Haiti or the 

Dominican Republic: Articles are 

‘‘imported directly from Haiti or the 

Dominican Republic’’ if— 

(1) the articles are shipped directly 

from Haiti or the Dominican Republic 

into the United States without passing 

into the territory of any intermediate 

country; or 

(2) the articles are shipped from Haiti 

or the Dominican Republic into the 

United States through the territory of an 

intermediate country, and— 

(A) the articles in the shipment do not 

enter into the commerce of any 

intermediate country, and the invoices, 

bills of lading, and other shipping 

documents specify the United States as 

the final destination; or 

(B) the invoices and other documents 

do not specify the United States as the 

final destination, but the articles in the 

shipment— 

(i) Remain under the control of the 

customs authority in the intermediate 

country; 

(ii) do not enter into the commerce of 

the intermediate country except for the 

purpose of a sale other than at retail; 

and 

(iii) have not been subjected to 

operations in the intermediate country 

other than loading, unloading, or other 

activities necessary to preserve the 

articles in good condition. 

d. Knit-to-Shape: A good is ‘‘knit-toshape’’ if 50 percent or more of the 

exterior surface area of the good is 

formed by major parts that have been 

knitted or crocheted directly to the 

shape used in the good, with no 

consideration being given to patch 

pockets, applique ́s, or the like. Minor 

cutting, trimming, or sewing of those 

major parts shall not affect the 

determination of whether a good is 

‘‘knit-to-shape.’’ 

e. Qualifying Apparel Producer: An 

individual, corporation, partnership, 

association, or other entity or group that 

exercises direct, daily operational 

control over the apparel production 

process in Haiti; or an individual, 

corporation, partnership, association or 

other entity that is not a producer and 

that controls the apparel production 

process in Haiti through a contractual 

relationship or other indirect means. 

f. Qualifying Knit Fabric: For the 

purposes of these procedures, the term 

‘‘qualifying knit fabric’’ means fabric or 

knit-to-shape components wholly 

formed or knit-to-shape in any country 

or any combination of countries 

described in Section 213A(1)(B)(iii) of 

CBERA, as amended by the Act, from 

yarns wholly formed in the United 

States, purchased on or after October 1, 

2008, expressly for production of 

apparel in Haiti, except that: 

(1) Fabric or knit-to-shape 

components otherwise eligible as 

qualifying knit fabric shall not be 

ineligible as qualifying knit fabric 

because the fabric or knit-to-shape 

components contain nylon filament 

yarn to which Section 

213(b)(2)(A)(vii)(IV) of CBERA applies; 

(2) fabric or knit-to-shape components 

that would otherwise be ineligible as 

qualifying knit fabric because the fabric 

or knit-to-shape component contains 

yarns not wholly formed in the United 

States shall not be ineligible as 

qualifying knit fabric if the total weight 

of all such yarns is not more than 10 

percent of the total weight of the fabric 

or knit-to-shape component; and 

(3) fabric or knit-to-shape components 

otherwise eligible as qualifying knit 

fabric shall not be ineligible as 

qualifying knit fabric because the fabric 

or knit-to-shape components contain 

yarns covered by the short supply 

provisions of Section 213A(b)(5) of 

CBERA, as amended by the Act. 

g. Qualifying Woven Fabric: For the 

purposes of these procedures, the term 

‘‘qualifying woven fabric’’ means fabric 

wholly formed in the United States from 

yarns wholly formed in the United 

States, purchased on or after October 1, 

2008, expressly for production of 

apparel in Haiti, except that: 

(1) Fabric otherwise eligible as 

qualifying woven fabric shall not be 

ineligible as qualifying woven fabric 

because the fabric contains nylon 

filament yarn to which Section 

213(b)(2)(A)(vii)(IV) of CBERA applies; 

(2) fabric that would otherwise be 

ineligible as qualifying woven fabric 

because the fabric contains yarns not 

wholly formed in the United States shall 

not be ineligible as qualifying woven 

fabric if the total weight of all such 

yarns is not more than 10 percent of the 

total weight of the fabric; and 

(3) fabric otherwise eligible as 

qualifying woven fabric shall not be 

ineligible as qualifying fabric because 

the fabric contains yarns covered by the 

short supply provisions of Section 

213A(b)(5) of CBERA, as amended by 

the Act. 

h. Wholly Assembled: A good is 

‘‘wholly assembled’’ in Haiti if all its 

components, of which there must be at 

least two, pre-existed in essentially the 

same condition as found in the finished 

good and were combined to form the 

finished good in Haiti. Minor 

attachments and minor embellishments 

(for example, applique ́s, beads, 

spangles, embroidery, and buttons) not 

appreciably affecting the identity of the 

good, and minor subassemblies (for 

example, collars, cuffs, plackets, and 

pockets), shall not affect the 

determination of whether a good is 

‘‘wholly assembled’’ in Haiti. 

3. Submitting a Request to Open an 

Account: A qualifying apparel producer, 

as defined in section 2(e) of these 

procedures, may request that OTEXA 

open an account to which records of 

purchases of qualifying woven fabric or 

qualifying knit fabric, as defined in 

sections 2(g) and 2(f) of these 

procedures, may be deposited toward a 

balance from which to draw certificates. 

Such request should be made online, via 

the HOPE II online system, located on 

the OTEXA Web site. In making a 

request to open an account, the 

qualifying apparel producer must 

provide: 

a. The full name and address of the 

qualifying apparel producer; 

b. All designated contacts and contact 

information, and any designees 

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Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Notices 53193 

authorized to have access to the 

account; and 

c. A statement affirming the accuracy 

and authenticity of the information 

submitted to OTEXA. 

Once the application has been 

received by the HOPE II online system 

and reviewed and approved by OTEXA, 

the qualifying apparel producer will be 

assigned a unique user identification 

number, and a password to enable 

future access to its online account. The 

qualifying apparel producer may request 

to update contact and designee 

information in its account at any time 

through the HOPE II online system. 

4. Submitting a Request to Deposit 

Credits. A qualifying apparel producer 

with an existing account may submit a 

request to deposit credits for purchases 

of qualifying woven fabric or qualifying 

knit fabric. The request must contain the 

following information: 

a. The name of the qualifying apparel 

producer; 

b. A complete description of the 

qualifying woven fabric or qualifying 

knit fabric; 

c. The quantity, in SMEs, of the 

qualifying woven fabric or qualifying 

knit fabric; 

d. A statement that the qualifying 

woven fabric or qualifying knit fabric is 

intended for the production of apparel 

in Haiti; and 

e. Supporting documentation: 

Documentation, which, in their totality 

includes: 

(1) The U.S. manufacturer of the 

qualifying woven fabric or qualifying 

knit fabric; 

(2) the full description of the fabric in 

question, including any non-U.S. 

components or inputs and their 

manufacturer; 

(3) if the fabric consists wholly or in 

part of knit-to-shape components, the 

manufacturer of said components, and 

documentation indicating that U.S. 

yarns were used in the production of 

said components; 

(3) the name of the qualifying apparel 

producer as the ultimate consignee; and 

(4) that the fabric purchased is 

intended for production of apparel in 

Haiti. 

f. An affirmation from the qualifying 

apparel producer as to the accuracy and 

authenticity of the information 

provided. 

The request must be submitted via the 

Hope II online system. All supporting 

documentation must be submitted either 

electronically via the Hope II online 

system, or via fax to 202–482–0858 or 

202–482–2331. OTEXA will review the 

request and supporting documentation 

and shall make a determination whether 

to approve or deny the request to 

deposit credits. Should there be 

insufficient information with which to 

make a determination, OTEXA may 

request additional information from the 

qualifying apparel producer, the 

manufacturer of the fabric or 

components at issue, or any other entity 

identified in supporting documentation, 

as provided by section 6. 

5. Submitting a Request for an Earned 

Income Allowance Certificate. A 

qualifying apparel producer may request 

the issuance of a certificate via the 

HOPE II online system. The qualifying 

apparel producer must log on to the 

HOPE II online system to access its 

account, and submit a request to redeem 

credits and be issued a certificate. As 

long as there are sufficient credits 

available, a certificate will be 

automatically generated by the HOPE II 

online system, and the credits will be 

automatically withdrawn from the 

qualifying apparel producer’s account. If 

there are insufficient credits in the 

qualifying apparel producer’s account, 

the request for a certificate will 

automatically be denied by the HOPE II 

online system. 

6. Verification of Submitted 

Information. OTEXA may, at any time, 

verify the information submitted by a 

qualifying apparel producer or its 

designee. OTEXA may require any 

textile mill or other entity located in the 

United States that exports to Haiti 

qualifying woven fabric or qualifying 

knit fabric to submit, upon such export 

or upon request, documentation to 

OTEXA: (a) verifying that the qualifying 

woven fabric or qualifying knit fabric 

was exported to a producer in Haiti or 

to an entity controlling production; and 

(b) identifying such producer or entity 

controlling production, and the quantity 

and description of qualifying woven 

fabric or qualifying knit fabric exported 

to such producer or entity controlling 

production. OTEXA may also require 

that a producer or entity controlling 

production submit documentation to 

verify purchases of qualifying woven 

fabric or qualifying knit fabric. OTEXA 

may make available to each person or 

entity identified in documentation 

submitted under these provisions 

information contained in the 

documentation that relates to the 

purchase of qualifying woven fabric or 

qualifying knit fabric involving such 

person or entity. OTEXA may establish 

and impose penalties for the submission 

to OTEXA of fraudulent information 

under this program, other than a claim 

under the customs laws of the United 

States or under title 18, United States 

Code. 

7. Contact Information: Questions 

regarding the Earned Import Allowance 

program or the HOPE II online system 

may contact OTEXA via e-mail at 

OTEXA_HaitiHOPE2@mail.doc.gov, or 

by phone to the Office of Textiles and 

Apparel, U.S. Department of Commerce, 

(202) 482–3400. 

R. Matthew Priest, 

Chairman, Committee for the Implementation 

of Textile Agreements. 

[FR Doc. E8–21481 Filed 9–12–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–846] 

Brake Rotors From the People’s 

Republic of China: Notice of Partial 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (the Department) is 

rescinding in part the administrative 

review of the antidumping duty order 

on brake rotors from the People’s 

Republic of China (PRC) for the period 

April 1, 2007, to August 13, 2007, with 

respect to Dixion Brake System 

(Longkou) Ltd. (Dixion), Laizhou Luqi 

Machinery Co., Ltd. (Luqi), Laizhou 

Wally Automobile Co., Ltd. (Wally), 

Longkou Haimeng Machinery Co., Ltd. 

(Haimeng), and Longkou Orient 

Autoparts Co., Ltd. (Longkou Orient). 

This partial rescission is based on the 

withdrawal of the requests for review by 

the interested parties that requested the 

review. 

EFFECTIVE DATE: September 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Brian Smith or Terre Keaton Stefanova, 

AD/CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone (202) 482–1766 and (202) 

482–1280, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 1, 2008, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on brake rotors 

from the PRC. See Antidumping or 

Countervailing Duty Order, Finding, or 

Suspended Investigation; Opportunity 

to Request Administrative Review, 73 

FR 17317 (April 1, 2008). In response, 

Dixion, Haimeng, Longkou Orient, Luqi, 

and Wally, exporters of the subject 

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