81_FR_92151 81 FR 91908 - Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE)

81 FR 91908 - Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE)

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91908-91909
FR Document2016-30383

CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ``value-added'' provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month annual period. For the annual period from December 20, 2016 through December 19, 2017, the quantity of imports eligible for preferential treatment under the value- added provision is 337,117,964 square meters equivalent.

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016) 
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91908-91909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30383]


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DEPARTMENT OF COMMERCE

International Trade Administration


Limitation of Duty-Free Imports of Apparel Articles Assembled in 
Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as 
Amended by the Haitian Hemispheric Opportunity Through Partnership 
Encouragement Act (HOPE)

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notification of Annual Quantitative Limit on Imports of Certain 
Apparel from Haiti.

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SUMMARY: CBERA, as amended, provides duty-free treatment for certain 
apparel articles imported directly from Haiti. One of the preferences 
is known as the ``value-added'' provision, which requires that apparel 
meet a minimum threshold percentage of value added in Haiti, the United 
States, and/or certain beneficiary countries. The provision is subject 
to a quantitative limitation, which is calculated as a percentage of 
total apparel imports into the United States for each 12-month annual 
period. For the annual period from December 20, 2016 through December 
19, 2017, the quantity of imports eligible for preferential treatment 
under the value-

[[Page 91909]]

added provision is 337,117,964 square meters equivalent.

DATES: Effective Date: December 20, 2016.

FOR FURTHER INFORMATION CONTACT:  Maria Goodman, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3651.

SUPPLEMENTARY INFORMATION: 
    Authority: Section 213A of the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2703a) (``CBERA''), as amended by the Haitian 
Hemispheric Opportunity through Partnership Encouragement Act of 2006 
(``HOPE'') (Title V of the Tax Relief and Health Care Act of 2006), the 
Haitian Hemispheric Opportunity through Partnership Encouragement Act 
of 2008 (``HOPE II'') (Subtitle D of Title XV of the Food, 
Conservation, and Energy Act of 2008), the Haiti Economic Lift Program 
Act of 2010 (``HELP''), and the Trade Preferences Extension Act of 
2015; and as implemented by Presidential Proc. No. 8114, 72 FR 13655 
(March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010).
    Background: Section 213A(b)(1)(B) of CBERA, as amended (19 U.S.C. 
2703a(b)(1)(B)), outlines the requirements for certain apparel articles 
imported directly from Haiti to qualify for duty-free treatment under a 
``value-added'' provision. In order to qualify for duty-free treatment, 
apparel articles must be wholly assembled, or knit-to-shape, in Haiti 
from any combination of fabrics, fabric components, components knit-to-
shape, and yarns, as long as the sum of the cost or value of materials 
produced in Haiti or one or more beneficiary countries, as described in 
CBERA, as amended, or any combination thereof, plus the direct costs of 
processing operations performed in Haiti or one or more beneficiary 
countries, as described in CBERA, as amended, or any combination 
thereof, is not less than an applicable percentage of the declared 
customs value of such apparel articles. Pursuant to CBERA, as amended, 
the applicable percentage for the period December 20, 2016 through 
December 19, 2017, is 55 percent.
    For every twelve month period following the effective date of 
CBERA, as amended, duty-free treatment under the value-added provision 
is subject to a quantitative limitation. CBERA, as amended provides 
that the quantitative limitation will be recalculated for each 
subsequent 12-month period. Section 213A (b)(1)(C) of CBERA, as amended 
(19 U.S.C. 2703a(b)(1)(C)), requires that, for the twelve-month period 
beginning on December 20, 2016, the quantitative limitation for 
qualifying apparel imported from Haiti under the value-added provision 
will be an amount equivalent to 1.25 percent of the aggregate square 
meter equivalent of all apparel articles imported into the United 
States in the most recent 12-month period for which data are available. 
The aggregate square meters equivalent of all apparel articles imported 
into the United States is derived from the set of Harmonized System 
lines listed in the Annex to the World Trade Organization Agreement on 
Textiles and Clothing (``ATC''), and the conversion factors for units 
of measure into square meter equivalents used by the United States in 
implementing the ATC. For purposes of this notice, the most recent 12-
month period for which data are available as of December 20, 2016 is 
the 12-month period ending on October 31, 2016.
    Therefore, for the one-year period beginning on December 20, 2016 
and extending through December 19, 2017, the quantity of imports 
eligible for preferential treatment under the value-added provision is 
337,117,964 square meters equivalent. Apparel articles entered in 
excess of these quantities will be subject to otherwise applicable 
tariffs.

    Dated: December 13, 2016.
Felicia Pullam,
Deputy Assistant Secretary for Textiles, Consumer Goods and Materials.
[FR Doc. 2016-30383 Filed 12-16-16; 8:45 am]
 BILLING CODE 3510-DR-P

91908 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices instructions suspending liquidation will exports of the subject merchandise will instruct CBP to terminate the remain in effect until further notice. request the Department to extend that suspension of liquidation and to We will also instruct CBP to require four-month period to no more than six liquidate, without regard to cash deposits equal to the amounts as months. At the request of exporters that antidumping duties, unliquidated indicated below. Accordingly, effective account for a significant proportion of entries of circular welded carbon- on the date of publication of the ITC’s circular welded carbon-quality steel quality steel pipe from Oman, Pakistan, final affirmative injury determinations, pipe from Oman, Pakistan, and the and the UAE entered, or withdrawn CBP will require, at the same time as UAE, we extended the four-month from warehouse, for consumption on or importers would normally deposit period to six months in each case.12 In after December 5, 2016, the date on estimated duties on this subject the underlying investigations, the which the provisional measures merchandise, a cash deposit equal to the Department published the preliminary expired, until and through the day estimated weighted-average dumping determinations on June 8, 2016. preceding the date of publication of the margins listed below.11 The relevant all- Therefore, the extended period, ITC’s final injury determinations in the others rates apply to all producers or beginning on the date of publication of Federal Register. Suspension of exporters not specifically listed. the preliminary determinations, ended liquidation will resume on the date of Provisional Measures December 5, 2016. Furthermore, section publication of the ITC’s final Section 733(d) of the Act states that 737(b) of the Act states that definitive determinations in the Federal Register. instructions issued pursuant to an duties are to begin on the date of publication of the ITC’s final injury Estimated Weighted-Average Dumping affirmative preliminary determination Margins may not remain in effect for more than determination. four months, except where exporters Therefore, in accordance with section The weighted-average dumping representing a significant proportion of 733(d) of the Act and our practice, we margins percentages are as follows: Dumping Exporter/producer margins (percent) Oman .......................................................... Al Jazeera Steel Products Co. SAOG ............................................................................ 7.36 All Others ........................................................................................................................ 7.36 Dumping Exporter/producer margins (percent) Pakistan ...................................................... International Industries Limited ....................................................................................... 11.80 All Others ........................................................................................................................ 11.80 Dumping Exporter/producer margins (percent) United Arab Emirates ................................. Ajmal Steel Tubes & Pipes Ind. L.L.C ............................................................................ 6.43 Universal Tube and Plastic Industries, LLC—Jebel Ali Branch/Universal Tube and 5.58 Pipe Industries, Ltd./KHK Scaffolding and Framework LLC. All Others ........................................................................................................................ 5.95 This notice constitutes the DEPARTMENT OF COMMERCE SUMMARY: CBERA, as amended, antidumping duty orders with respect to provides duty-free treatment for certain circular welded carbon-quality steel International Trade Administration apparel articles imported directly from pipe from Oman, Pakistan, and the UAE Haiti. One of the preferences is known pursuant to section 736(a) of the Act. Limitation of Duty-Free Imports of as the ‘‘value-added’’ provision, which Interested parties can find a list of Apparel Articles Assembled in Haiti requires that apparel meet a minimum antidumping duty orders currently in Under the Caribbean Basin Economic threshold percentage of value added in effect at http://enforcement.trade.gov/ Recovery Act (CBERA), as Amended by the Haitian Hemispheric Haiti, the United States, and/or certain stats/iastats1.html. beneficiary countries. The provision is These orders are published in Opportunity Through Partnership Encouragement Act (HOPE) subject to a quantitative limitation, accordance with section 736(a) of the which is calculated as a percentage of Act and 19 CFR 351.211. AGENCY:International Trade total apparel imports into the United Dated: December 13, 2016. Administration, Department of States for each 12-month annual period. Paul Piquado, Commerce. For the annual period from December sradovich on DSK3GMQ082PROD with NOTICES Assistant Secretary, for Enforcement and 20, 2016 through December 19, 2017, Compliance. ACTION:Notification of Annual Quantitative Limit on Imports of Certain the quantity of imports eligible for [FR Doc. 2016–30535 Filed 12–16–16; 8:45 am] preferential treatment under the value- Apparel from Haiti. BILLING CODE 3510–DS–P 11 See section 736(a)(3) of the Act. 12 See Oman Preliminary Determination; Pakistan Preliminary Determination; and UAE Preliminary Determination. VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1

Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices 91909 added provision is 337,117,964 square on December 20, 2016, the quantitative Technology Co., Ltd. (‘‘Zhejiang ERA’’) meters equivalent. limitation for qualifying apparel is the successor-in-interest to Era Solar DATES: Effective Date: December 20, imported from Haiti under the value- Co., Ltd. (‘‘Era Solar’’) for purposes of 2016. added provision will be an amount the AD order on solar cells from the PRC FOR FURTHER INFORMATION CONTACT: equivalent to 1.25 percent of the and, as such, is entitled to Era Solar’s Maria Goodman, International Trade aggregate square meter equivalent of all antidumping duty cash deposit rate Specialist, Office of Textiles and apparel articles imported into the with respect to entries of subject Apparel, U.S. Department of Commerce, United States in the most recent 12- merchandise. We invited interested (202) 482–3651. month period for which data are parties to comment on the Preliminary available. The aggregate square meters Results. As no parties submitted SUPPLEMENTARY INFORMATION: Authority: Section 213A of the equivalent of all apparel articles comments, and there is no other Caribbean Basin Economic Recovery Act imported into the United States is information or evidence on the record (19 U.S.C. 2703a) (‘‘CBERA’’), as derived from the set of Harmonized calling into question our Preliminary amended by the Haitian Hemispheric System lines listed in the Annex to the Results, the Department is making no Opportunity through Partnership World Trade Organization Agreement changes to the Preliminary Results. For Encouragement Act of 2006 (‘‘HOPE’’) on Textiles and Clothing (‘‘ATC’’), and these final results, the Department (Title V of the Tax Relief and Health the conversion factors for units of continues to find that Zhejiang ERA is Care Act of 2006), the Haitian measure into square meter equivalents the successor-in-interest to Era Solar. Hemispheric Opportunity through used by the United States in DATES: Effective December 19, 2016. Partnership Encouragement Act of 2008 implementing the ATC. For purposes of FOR FURTHER INFORMATION CONTACT: Jeff (‘‘HOPE II’’) (Subtitle D of Title XV of this notice, the most recent 12-month Pedersen, AD/CVD Operations, Office the Food, Conservation, and Energy Act period for which data are available as of IV, Enforcement and Compliance, of 2008), the Haiti Economic Lift December 20, 2016 is the 12-month International Trade Administration, Program Act of 2010 (‘‘HELP’’), and the period ending on October 31, 2016. U.S. Department of Commerce, 1401 Trade Preferences Extension Act of Therefore, for the one-year period Constitution Avenue NW., Washington, 2015; and as implemented by beginning on December 20, 2016 and DC 20230; telephone: (202) 482–2769. Presidential Proc. No. 8114, 72 FR extending through December 19, 2017, the quantity of imports eligible for SUPPLEMENTARY INFORMATION: 13655 (March 22, 2007), and No. 8596, 75 FR 68153 (November 4, 2010). preferential treatment under the value- Background Background: Section 213A(b)(1)(B) of added provision is 337,117,964 square On December 7, 2012, the Department CBERA, as amended (19 U.S.C. meters equivalent. Apparel articles published the AD Order on solar cells 2703a(b)(1)(B)), outlines the entered in excess of these quantities will from the PRC in the Federal Register.1 requirements for certain apparel articles be subject to otherwise applicable On August 31, 2016, Zhejiang ERA imported directly from Haiti to qualify tariffs. requested that the Department initiate for duty-free treatment under a ‘‘value- Dated: December 13, 2016. an expedited changed circumstances added’’ provision. In order to qualify for Felicia Pullam, review to determine it as the successor- duty-free treatment, apparel articles Deputy Assistant Secretary for Textiles, in-interest to Era Solar for AD must be wholly assembled, or knit-to- Consumer Goods and Materials. purposes.2 On November 3, 2016, the shape, in Haiti from any combination of [FR Doc. 2016–30383 Filed 12–16–16; 8:45 am] Department initiated a changed fabrics, fabric components, components BILLING CODE 3510–DR–P circumstances review and made a knit-to-shape, and yarns, as long as the preliminary finding that Zhejiang ERA sum of the cost or value of materials is the successor-in-interest to Era Solar, produced in Haiti or one or more DEPARTMENT OF COMMERCE and is entitled to Era Solar’s cash beneficiary countries, as described in deposit rate with respect to entries of CBERA, as amended, or any International Trade Administration merchandise subject to the AD Order on combination thereof, plus the direct [A–570–979] solar cells from the PRC.3 We provided costs of processing operations interested parties 14 days from the date performed in Haiti or one or more Crystalline Silicon Photovoltaic Cells, of publication of the Preliminary Results beneficiary countries, as described in Whether or Not Assembled Into to submit case briefs. No interested CBERA, as amended, or any Modules, From the People’s Republic parties submitted case briefs or combination thereof, is not less than an of China: Final Results of Changed requested a hearing. applicable percentage of the declared Circumstances Review customs value of such apparel articles. 1 See Crystalline Silicon Photovoltaic Cells, Pursuant to CBERA, as amended, the AGENCY: Enforcement and Compliance, Whether or Not Assembled Into Modules, From the applicable percentage for the period International Trade Administration, People’s Republic of China: Amended Final December 20, 2016 through December Department of Commerce. Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 19, 2017, is 55 percent. SUMMARY: On November 3, 2016, the (December 7, 2012) (‘‘Order’’). For every twelve month period Department of Commerce (the 2 See Letter from Zhejiang ERA to the Department following the effective date of CBERA, ‘‘Department’’) published its notice of regarding, ‘‘Re: Crystalline Silicon Photovoltaic as amended, duty-free treatment under initiation and preliminary results of a Cells, Whether or Not Assembled Into Modules the value-added provision is subject to changed circumstances review of the from the People’s Republic of China: Request for sradovich on DSK3GMQ082PROD with NOTICES Expedited Changed Circumstances Review’’ a quantitative limitation. CBERA, as antidumping duty (‘‘AD’’) order on (August 31, 2016) (‘‘CCR Request’’). amended provides that the quantitative crystalline silicon photovoltaic cells, 3 See Initiation and Preliminary Results of limitation will be recalculated for each whether or not assembled into modules Antidumping Duty Changed Circumstances Review: subsequent 12-month period. Section (‘‘solar cells’’), from the People’s Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People’s 213A (b)(1)(C) of CBERA, as amended Republic of China (‘‘PRC’’) (Preliminary Republic of China, 81 FR 76561 (November 3, 2016) (19 U.S.C. 2703a(b)(1)(C)), requires that, Results). The Department preliminarily (‘‘Preliminary Results’’) and accompanying for the twelve-month period beginning determined that Zhejiang ERA Solar Preliminary Decision Memorandum. VerDate Sep<11>2014 20:55 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1


Document Created: 2016-12-17 03:15:22
Document Modified: 2016-12-17 03:15:22
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
ActionNotification of Annual Quantitative Limit on Imports of Certain Apparel from Haiti.
ContactMaria Goodman, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3651.
FR Citation81 FR 91908 
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