80_FR_73956 80 FR 73729 - Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests and Comments from the Public Under the Commercial Availability Provision of the United States-Korea Free Trade Agreement

80 FR 73729 - Proposed Information Collection; Comment Request; Interim Procedures for Considering Requests and Comments from the Public Under the Commercial Availability Provision of the United States-Korea Free Trade Agreement

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73729-73730
FR Document2015-29933

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015) 
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73729-73730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29933]


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DEPARTMENT OF COMMERCE

International Trade Administration


Proposed Information Collection; Comment Request; Interim 
Procedures for Considering Requests and Comments from the Public Under 
the Commercial Availability Provision of the United States--Korea Free 
Trade Agreement

AGENCY: International Trade Administration

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before January 25, 
2016.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Maria D'Andrea, Office of Textiles and Apparel, U.S. 
Department of Commerce, Tel. (202) 482-1550, Maria.D'[email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The United States and Korea negotiated the U.S.-Korea Free Trade 
Agreement (the ``Agreement'') which was implemented into U.S. law 
pursuant to the United States-Korea Free Trade Agreement Implementation 
Act (``the Act''). Under the provisions of the Act, textile and apparel 
goods must contain fibers, yarns, and fabrics produced in Korea or the 
United States to receive duty-free tariff treatment. The Agreement also 
provides for the establishment of a list of specific fibers, yarns, and 
fabrics that are not available in commercial quantities in a timely 
manner from producers in the United States. Articles containing these 
commercially unavailable fibers, yarns, and fabrics are also entitled 
to duty-free or preferential duty treatment despite not being produced 
in the United States.
    The list of commercially unavailable fabrics, yarns, and fibers may 
be changed pursuant to the commercial availability provision of the 
Agreement and the Act. Under Section 202(o) of the Act (``the 
commercial availability provision''), interested entities from Korea or 
the United States have the right to request that a specific fiber, 
yarn, or fabric be added to, or removed from, the list of commercially 
unavailable fibers, yarns, and fabrics. This right becomes effective 
when the Agreement enters into force.
    Section 202(o)(3)(F) of the Act requires that the President 
establish procedures for parties to follow when exercising the right to 
make these requests. The President delegated the responsibility for 
publishing the procedures and administering commercial availability 
requests to the Committee for the Implementation of Textile Agreements 
(CITA), which issues procedures and acts on requests through the Office 
of Textiles and Apparel (``OTEXA'').
    The intent of these procedures is to foster the trade in U.S. and 
Korean textile and apparel articles by allowing non-originating fibers, 
yarns, and fabrics to be placed on or removed from a list of items not 
available in commercial quantities, on a timely basis, and in a manner 
that is consistent with normal business practice. To this end, these 
procedures are intended to facilitate the transmission, on a timely 
basis, of requests for commercial availability determinations and 
offers to supply the products that are the subject of the requests; 
have the market indicate the availability of the supply of the subject 
products; make available promptly, to interested entities and parties, 
information received regarding the requests for products and offers to 
supply; ensure wide participation by interested entities and parties; 
provide careful scrutiny of information provided to substantiate order 
requests and responses of offers to supply; and provide timely public 
dissemination of information used by CITA in making commercial 
availability determinations.
    For a fiber, yarn or fabric to be added to Appendix 4-B-1, an 
interested entity must submit to CITA a Request for a Commercial 
Availability Determination (``Request'') which states that the subject 
product is not commercially available in the United States within a 
commercially reasonable timeframe (i.e., timely). In support of its 
claim, the requestor must provide information to CITA regarding its 
attempts to source the subject product in the United States, and why it 
determined that the product is not available in a timely manner. 
Potential suppliers from the United States may submit a Response with 
an Offer to Supply (``Response''), asserting their capability and 
capacity to supply the subject product. These Responses must include 
information supporting the capability and capacity assertion. If the 
requestor disputes a responder's assertions, the requestor may submit a 
Rebuttal comment offering its contention, along with supporting 
information and documentation.
    The information collected by CITA from Requests, Responses and 
Rebuttals will be used to determine whether the subject product is 
available in commercial quantities in a timely manner in the United 
States under the commercial availability provision of the Act. 
Requests, Responses, and Rebuttals must identify confidential 
information. Entities submitting confidential information in their 
Requests, Responses, or Rebuttals to CITA must submit both a public and 
a confidential version of their submissions. If the submissions are 
accepted, the public submissions or public versions of submissions will 
be posted on the dedicated commercial availability section of the 
Office of Textiles and Apparel (OTEXA)'s Web site. Business 
confidential information will not be shared with the public. Requestors 
and potential suppliers of the product named in the Request may use the 
public version as a basis for Responses and Rebuttals.
    Each submission containing factual information for CITA's 
consideration must be accompanied by the appropriate certification 
regarding the accuracy of the factual information. With each electronic 
and original signed submission that contains factual information, an 
interested entity must file a certification of due diligence, attesting 
to the accuracy and authenticity of the submission. If the interested 
entity has legal counsel or other representative, the legal counsel or 
other representative must also file a certification of due diligence 
with each electronic and original signed submissions that contains 
factual

[[Page 73730]]

information. Accurate representations of material facts submitted to 
CITA for the Commercial Availability Proceeding are vital to the 
integrity of this process and are necessary for CITA's effective 
administration of the statutory scheme. Each submission containing 
factual information for CITA's consideration must be accompanied by the 
appropriate certification regarding the accuracy of the factual 
information. Any submission that lacks the applicable certifications 
will be considered an incomplete submission that CITA will reject and 
return to the submitter. CITA may verify any factual information 
submitted by interested entities in a Commercial Availability 
Proceeding.

II. Method of Collection

    All submissions for a commercial availability proceeding pursuant 
to these procedures (e.g., Commercial Availability Request, Response, 
Rebuttal, and Request to Remove) must be in English. If any attachments 
are in a language other than English, a complete translation must be 
provided. Each submission must be submitted to the Chairman of CITA, in 
care of the U.S. Department of Commerce's Office of Textiles and 
Apparel (``OTEXA'') in two forms: email and an original signed 
submission. An email version of the submission must be either in PDF or 
Word format, must contain an adequate public summary of any business 
confidential information and the due diligence certification, and 
should be sent to [email protected]. The email version of the 
submission will be posted for public review on KOREA FTA Commercial 
Availability Web site. No business confidential information should be 
submitted in the email version of any document.
    Brackets must be placed around all business confidential 
information contained in submissions. Documents containing business 
confidential information must have a bolded heading stating 
``Confidential Version.'' Attachments considered business confidential 
information must have a heading stating ``Business Confidential 
Information.'' Documents, including those submitted via email, provided 
for public release must have a bolded heading stating ``Public 
Version'' and all the business confidential information must be deleted 
from public versions, and substituted with an adequate public summary.

III. Data

    OMB Control Number: 0625-0270.
    Form Number(s): None.
    Type of Review: Regular submission.
    Affected Public: Individuals or Business.
    Estimated Number of Respondents: 16.
    Estimated Time per Response: 8 hours for Request for Commercial 
Availability Determination; 2 hours for Response to a Request; and 1 
hour for Rebuttal.
    Estimated Total Annual Burden Hours: 89.
    Estimated Total Annual Cost to Public: $3,440.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: November 19, 2015.
Glenna Mickelson,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2015-29933 Filed 11-24-15; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73729 within 45 days of publication of these the Act, textile and apparel goods must For a fiber, yarn or fabric to be added preliminary results if all parties agree to contain fibers, yarns, and fabrics to Appendix 4–B–1, an interested entity our preliminary finding. produced in Korea or the United States must submit to CITA a Request for a We are issuing and publishing this to receive duty-free tariff treatment. The Commercial Availability Determination finding and notice in accordance with Agreement also provides for the (‘‘Request’’) which states that the subject sections 751(b)(1) and 777(i)(1) of the establishment of a list of specific fibers, product is not commercially available in Act and 19 CFR 351.216 and yarns, and fabrics that are not available the United States within a commercially 351.221(c)(3)(ii). in commercial quantities in a timely reasonable timeframe (i.e., timely). In Dated: November 17, 2015. manner from producers in the United support of its claim, the requestor must States. Articles containing these provide information to CITA regarding Paul Piquado, commercially unavailable fibers, yarns, its attempts to source the subject Assistant Secretary for Enforcement and and fabrics are also entitled to duty-free product in the United States, and why Compliance. or preferential duty treatment despite it determined that the product is not [FR Doc. 2015–29984 Filed 11–24–15; 8:45 am] not being produced in the United States. available in a timely manner. Potential BILLING CODE 3510–DS–P The list of commercially unavailable suppliers from the United States may fabrics, yarns, and fibers may be submit a Response with an Offer to changed pursuant to the commercial Supply (‘‘Response’’), asserting their DEPARTMENT OF COMMERCE availability provision of the Agreement capability and capacity to supply the and the Act. Under Section 202(o) of the subject product. These Responses must International Trade Administration Act (‘‘the commercial availability include information supporting the Proposed Information Collection; provision’’), interested entities from capability and capacity assertion. If the Comment Request; Interim Procedures Korea or the United States have the right requestor disputes a responder’s for Considering Requests and to request that a specific fiber, yarn, or assertions, the requestor may submit a Comments from the Public Under the fabric be added to, or removed from, the Rebuttal comment offering its Commercial Availability Provision of list of commercially unavailable fibers, contention, along with supporting the United States—Korea Free Trade yarns, and fabrics. This right becomes information and documentation. Agreement effective when the Agreement enters The information collected by CITA into force. from Requests, Responses and Rebuttals AGENCY: International Trade Section 202(o)(3)(F) of the Act will be used to determine whether the Administration requires that the President establish subject product is available in ACTION: Notice. procedures for parties to follow when commercial quantities in a timely exercising the right to make these manner in the United States under the SUMMARY: The Department of requests. The President delegated the commercial availability provision of the Commerce, as part of its continuing responsibility for publishing the Act. Requests, Responses, and Rebuttals effort to reduce paperwork and procedures and administering must identify confidential information. respondent burden, invites the general commercial availability requests to the Entities submitting confidential public and other Federal agencies to Committee for the Implementation of information in their Requests, take this opportunity to comment on Textile Agreements (CITA), which Responses, or Rebuttals to CITA must proposed and/or continuing information issues procedures and acts on requests submit both a public and a confidential collections, as required by the through the Office of Textiles and version of their submissions. If the Paperwork Reduction Act of 1995. Apparel (‘‘OTEXA’’). submissions are accepted, the public DATES: Written comments must be The intent of these procedures is to submissions or public versions of submitted on or before January 25, 2016. foster the trade in U.S. and Korean submissions will be posted on the textile and apparel articles by allowing dedicated commercial availability ADDRESSES: Direct all written comments non-originating fibers, yarns, and fabrics section of the Office of Textiles and to Jennifer Jessup, Departmental to be placed on or removed from a list Paperwork Clearance Officer, Apparel (OTEXA)’s Web site. Business of items not available in commercial confidential information will not be Department of Commerce, Room 6616, quantities, on a timely basis, and in a 14th and Constitution Avenue NW., shared with the public. Requestors and manner that is consistent with normal potential suppliers of the product Washington, DC 20230 (or via the business practice. To this end, these named in the Request may use the Internet at JJessup@doc.gov). procedures are intended to facilitate the public version as a basis for Responses FOR FURTHER INFORMATION CONTACT: transmission, on a timely basis, of and Rebuttals. Requests for additional information or requests for commercial availability Each submission containing factual copies of the information collection determinations and offers to supply the information for CITA’s consideration instrument and instructions should be products that are the subject of the must be accompanied by the directed to Maria D’Andrea, Office of requests; have the market indicate the appropriate certification regarding the Textiles and Apparel, U.S. Department availability of the supply of the subject accuracy of the factual information. of Commerce, Tel. (202) 482–1550, products; make available promptly, to With each electronic and original signed Maria.D’Andrea@trade.gov. interested entities and parties, submission that contains factual SUPPLEMENTARY INFORMATION: information received regarding the information, an interested entity must requests for products and offers to file a certification of due diligence, I. Abstract supply; ensure wide participation by attesting to the accuracy and tkelley on DSK3SPTVN1PROD with NOTICES The United States and Korea interested entities and parties; provide authenticity of the submission. If the negotiated the U.S.-Korea Free Trade careful scrutiny of information provided interested entity has legal counsel or Agreement (the ‘‘Agreement’’) which to substantiate order requests and other representative, the legal counsel or was implemented into U.S. law responses of offers to supply; and other representative must also file a pursuant to the United States-Korea provide timely public dissemination of certification of due diligence with each Free Trade Agreement Implementation information used by CITA in making electronic and original signed Act (‘‘the Act’’). Under the provisions of commercial availability determinations. submissions that contains factual VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1

73730 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices information. Accurate representations of Affected Public: Individuals or the City of Seattle’s Department of material facts submitted to CITA for the Business. Transportation (SDOT) for the take of Commercial Availability Proceeding are Estimated Number of Respondents: eight species of marine mammals vital to the integrity of this process and 16. incidental to pile driving activities are necessary for CITA’s effective Estimated Time per Response: 8 hours associated with the Elliot Bay Seawall administration of the statutory scheme. for Request for Commercial Availability Project (EBSP). Each submission containing factual Determination; 2 hours for Response to DATES: Effective from October 22, 2015, information for CITA’s consideration a Request; and 1 hour for Rebuttal. through August 31, 2016. must be accompanied by the Estimated Total Annual Burden ADDRESSES: The LOA and supporting appropriate certification regarding the Hours: 89. documentation are available for review accuracy of the factual information. Any Estimated Total Annual Cost to on the Internet at: www.nmfs.noaa.gov/ submission that lacks the applicable Public: $3,440. pr/permits/incidental/construction.htm. certifications will be considered an IV. Request for Comments Documents cited in this notice may also incomplete submission that CITA will be viewed, by appointment, during Comments are invited on: (a) Whether reject and return to the submitter. CITA regular business hours at the Office of the proposed collection of information may verify any factual information Protected Resources, National Marine is necessary for the proper performance submitted by interested entities in a Fisheries Service, 1315 East-West of the functions of the agency, including Commercial Availability Proceeding. Highway, Silver Spring, MD 20910– whether the information shall have II. Method of Collection practical utility; (b) the accuracy of the 3225, by telephoning the contact listed agency’s estimate of the burden under FOR FURTHER INFORMATION All submissions for a commercial CONTACT. (including hours and cost) of the availability proceeding pursuant to FOR FURTHER INFORMATION CONTACT: proposed collection of information; (c) these procedures (e.g., Commercial Zach Hughes, Office of Protected ways to enhance the quality, utility, and Availability Request, Response, Resources, NMFS, 301–427–8401. clarity of the information to be Rebuttal, and Request to Remove) must collected; and (d) ways to minimize the SUPPLEMENTARY INFORMATION: be in English. If any attachments are in burden of the collection of information a language other than English, a Background on respondents, including through the complete translation must be provided. Sections 101(a)(5)(A) of the MMPA use of automated collection techniques Each submission must be submitted to (16 U.S.C. 1361 et seq.) directs the or other forms of information the Chairman of CITA, in care of the Secretary of Commerce to allow, upon technology. U.S. Department of Commerce’s Office Comments submitted in response to request, the incidental, but not of Textiles and Apparel (‘‘OTEXA’’) in this notice will be summarized and/or intentional, taking of small numbers of two forms: email and an original signed included in the request for OMB marine mammals by U.S. citizens who submission. An email version of the approval of this information collection; engage in a specified activity (other than submission must be either in PDF or they also will become a matter of public commercial fishing) within a specified Word format, must contain an adequate record. geographical region if certain findings public summary of any business are made and either regulations are confidential information and the due Dated: November 19, 2015. issues or, if the taking is limited to diligence certification, and should be Glenna Mickelson, harassment, notice of a proposed sent to OTEXA.KOREA@trade.gov. The Management Analyst, Office of the Chief authorization is provided to the public email version of the submission will be Information Officer. for review. Under the MMPA, the term posted for public review on KOREA [FR Doc. 2015–29933 Filed 11–24–15; 8:45 am] ‘‘take’’ means to harass, hunt, capture, FTA Commercial Availability Web site. BILLING CODE 3510–DS–P or kill marine mammals. Authorization No business confidential information for incidental takings shall be granted if should be submitted in the email NMFS finds that the taking will have a version of any document. DEPARTMENT OF COMMERCE negligible impact on the identified Brackets must be placed around all species or stock(s), will not have an business confidential information National Oceanic and Atmospheric unmitigable adverse impact on the contained in submissions. Documents Administration availability of the species or stock(s) for containing business confidential RIN 0648–BC69 subsistence uses (where relevant), and if information must have a bolded heading the permissible methods of taking and stating ‘‘Confidential Version.’’ Taking and Importing Marine requirements pertaining to the Attachments considered business Mammals; Taking Marine Mammals mitigation, monitoring, and reporting of confidential information must have a Incidental to the Elliot Bay Seawall such takings are set forth in the heading stating ‘‘Business Confidential Project in Seattle, Washington regulations. NMFS has defined Information.’’ Documents, including AGENCY: National Marine Fisheries ‘‘negligible impact’’ in 50 CFR 216.103 those submitted via email, provided for Service (NMFS), National Oceanic and as ‘‘. . . an impact resulting from the public release must have a bolded Atmospheric Administration (NOAA), specified activity that cannot be heading stating ‘‘Public Version’’ and all Commerce. reasonably expected to, and is not the business confidential information reasonably likely to, adversely affect the ACTION: Notice of issuance of a Letter of must be deleted from public versions, species or stock through effects on Authorization. tkelley on DSK3SPTVN1PROD with NOTICES and substituted with an adequate public annual rates of recruitment or survival.’’ summary. SUMMARY: In accordance with the Regulations governing the taking of III. Data Marine Mammal Protection Act harbor seals (Phoca vitulina richardii), (MMPA), as amended, and California sea lions (Zalophus OMB Control Number: 0625–0270. implementing regulations, notification californianus), Steller sea lions Form Number(s): None. is hereby given that a Letter of (Eumetopias jubatus monteriensis), Type of Review: Regular submission. Authorization (LOA) has been issued to harbor porpoise (Phocoena phocoena VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1


Document Created: 2018-03-01 11:15:12
Document Modified: 2018-03-01 11:15:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted on or before January 25, 2016.
ContactRequests for additional information or copies of the information collection instrument and instructions should be directed to Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, Tel. (202) 482-1550, Maria.D'[email protected]
FR Citation80 FR 73729 
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