[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Rules and Regulations]
[Pages 22094-22095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10955]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

19 CFR Part 361

[Docket Number: 090416682-9683-01]


Mexican Cement Import Licensing System

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

ACTION: Final rule; removal of regulations.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce is removing its Mexican Cement 
Import Licensing (``MCILS'') regulations currently published at 19 CFR 
Part 361. This action is being taken pursuant to provisions of the 
Agreement Between the Office of the United States Trade Representative 
and the Department of Commerce of the United States of America and the 
Ministry of Economy of the United Mexican States (Secretaria de 
Economia) on Trade in Cement (``Cement Agreement''), signed March 6, 
2006. The Cement Agreement was terminated at 11:59 p.m. on March 31, 
2009. Accordingly, the MCILS will no longer be necessary.

DATE: Effective Date: May 12, 2009.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, (202) 482-0162 or 
Judith Wey Rudman, (202) 482-0192.

SUPPLEMENTARY INFORMATION: On March 6, 2006, the Office of the United 
States Trade Representative (``USTR'') and the United States Department 
of Commerce (``Commerce'') entered into an agreement with the 
Secretaria de Economia of Mexico pertaining to imports of gray portland 
cement and clinker from Mexico (``Mexican Cement''). The Cement 
Agreement provided for the settlement or suspension of ongoing 
litigation before North American Free Trade Agreement and World Trade 
Organization panels challenging various antidumping duty determinations 
involving Mexican Cement. Pursuant to the terms of the Cement 
Agreement, on February 28, 2007, Import Administration (``IA'') issued 
a rule to add new regulations implementing the MCILS. This rule 
required all importers of cement from Mexico covered by the scope of 
the Cement Agreement to obtain an import license from the Department 
prior to completing their U.S. Customs and Border Protection entry 
summary documentation. IA used the information recorded via the MCILS 
to monitor compliance with the Cement Agreement. The Cement Agreement 
also provided that if all interested parties had abided by its terms, 
Commerce would terminate the Cement Agreement on March 31, 2009, and 
would revoke the underlying antidumping duty order. All obligations of 
the Cement Agreement were fulfilled; therefore, Commerce has terminated 
the Cement Agreement, and revoked the underlying antidumping duty order 
through a notice entitled Gray Portland Cement and Clinker from Mexico: 
Final Results of Changed-Circumstances Review,

[[Page 22095]]

Revocation of Antidumping Duty Order, and Termination of Five-Year 
(Sunset) Review of Antidumping Duty Order published in the Federal 
Register on April 6, 2009 (74 FR 15435). As a result, the MCILS is no 
longer necessary and Commerce is removing the regulations pertaining to 
it. Commerce will also discontinue the associated collection-of-
information authorization provided by the Office of Management and 
Budget under Control Number 0625-0259.

Classification

    Executive Order 12866: This action has been determined to be not 
significant under E.O. 12866.
    Administrative Procedure Act: The Department of Commerce finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity 
for public comment as it is contrary to the public interest. The 
regulations implementing the MCILS required all importers of cement 
from Mexico covered by the scope of the Cement Agreement to obtain an 
import license from the Department through the MCILS prior to 
completing their U.S. Customs and Border Protection entry summary 
documentation. IA used the information recorded via the MCILS to 
monitor compliance with the Cement Agreement. The Cement Agreement 
provided that if all interested parties had abided by its terms, 
Commerce would terminate the Cement Agreement on March 31, 2009, and 
would revoke the underlying antidumping duty order. All obligations of 
the Cement Agreement were fulfilled; therefore, Commerce terminated the 
Cement Agreement on the agreed upon date. Commerce also revoked the 
underlying antidumping duty order effective April 1, 2009. See 74 FR 
15435. Accordingly, it is no longer necessary to collect licensing 
information via the MCILS, and is therefore in the public interest to 
discontinue regulations requiring importers to use, and for IA to 
maintain, the MCILS. If the Department continued to allow the operation 
of the MCILS, the public would be unduly burdened by the MCILS 
regulations. For the above reasons, the Department waives the notice 
and comment rulemaking requirements of 5 U.S.C. 553(b)(B) and issues 
this rule in final form.
    The Department of Commerce finds good cause under 5 U.S.C. 
553(d)(1) to waive the 30-day delay in effectiveness as this rule 
relieves a restriction. This rule removes the regulations requiring all 
importers of cement from Mexico covered by the scope of the Cement 
Agreement to obtain an import license from the Department prior to 
completing their U.S. Customs and Border Protection entry summary 
documentation because it is no longer necessary to collect this 
information. Pursuant to the terms of the Agreement, the Department 
terminated the Cement Agreement on March 31, 2009, and revoked the 
underlying antidumping duty order effective April 1, 2009. See 74 FR 
15435. Because it is no longer necessary to collect the information 
through the MCILS, the Department discontinues the MCILS, and removes 
the related implementing regulations through this final rule. The 
removal of the MCILS regulations constitutes a relief of a restriction 
as importers of cement from Mexico would no longer be required to 
obtain an import license from the Department. In order to implement 
this action immediately, the Department makes this rule effective upon 
publication.
    Regulatory Flexibility Act: Because notice and opportunity for 
comment are not required pursuant to 5 U.S.C. 553 or any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis 
is not required and has not been prepared.

List of Subjects in 19 CFR Part 361

    Mexican Cement Import Licensing System.


0
Accordingly, pursuant to 13 U.S.C. 301(a) and 302, and section XI of 
the Cement Agreement, the Department is removing 19 CFR Part 361 in its 
entirety.

    Dated: May 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-10955 Filed 5-11-09; 8:45 am]
BILLING CODE 3510-DS-P