82_FR_59823 82 FR 59583 - 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)

82 FR 59583 - 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 82, Issue 240 (December 15, 2017)

Page Range59583-59584
FR Document2017-27079

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, 2017 through December 19, 2018, the quantity of imports eligible for preferential treatment under the value-added provision is 361,603,399 square meters equivalent.

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59583-59584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27079]


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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, 2017 through December 
19, 2018, the quantity of imports eligible for preferential treatment 
under the value-added provision is 361,603,399 square meters 
equivalent.

DATES: December 20, 2017.

FOR FURTHER INFORMATION CONTACT:  Laurie Mease, International Trade 
Specialist, Office of Textiles and Apparel, U.S. Department of 
Commerce, (202) 482-3400.

SUPPLEMENTARY INFORMATION: 
    Authority: Section 213A of the Caribbean Basin Economic Recovery 
Act (19 U.S.C. 2703a) (``CBERA''), as amended; 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

[[Page 59584]]

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, 2017 
through December 19, 2018, is 60 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, 2017, 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, 2017 is the 12-month period 
ending on October 31, 2017.
    Therefore, for the one-year period beginning on December 20, 2017 
and extending through December 19, 2018, the quantity of imports 
eligible for preferential treatment under the value-added provision is 
361,603,399 square meters equivalent. Apparel articles entered in 
excess of these quantities will be subject to otherwise applicable 
tariffs.

    Dated: December 11, 2017.
Terry Labat,
Senior Advisor, performing the Non-Exclusive Duties of the Deputy 
Assistant Secretary for Textiles, Consumer Goods and Materials.
[FR Doc. 2017-27079 Filed 12-14-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                           59583

                                                Determination and Order.2 Meihua 3 is a                 Timken Notice                                         DEPARTMENT OF COMMERCE
                                                Chinese producer/exporter of MSG and
                                                was a mandatory respondent in the                          In its decision in    Timken, 7
                                                                                                                                        as                    International Trade Administration
                                                underlying less than fair value                         clarified by Diamond Sawblades, 8 the
                                                                                                        United States Court of Appeals for the                Limitation of Duty-Free Imports of
                                                investigation. In the Second Amended
                                                                                                        Federal Circuit held that, pursuant to                Apparel Articles Assembled in Haiti
                                                Final Determination and Order, the
                                                                                                        sections 516A(c) and (e) of the Tariff Act            Under the Caribbean Basin Economic
                                                Department assigned a dumping margin
                                                                                                        of 1930, as amended (the Act), the                    Recovery Act (CBERA), as Amended
                                                of 21.28 percent to Meihua.                                                                                   by the Haitian Hemispheric
                                                                                                        Department must publish a notice of a
                                                   On April 25, 2017, the Court issued                  court decision that is not ‘‘in harmony’’             Opportunity through Partnership
                                                its Remand Order 4 and directed the                     with a Department determination and                   Encouragement Act (HOPE)
                                                Department to: (1) Reconsider the                       must suspend liquidation of entries                   AGENCY:  International Trade
                                                Department’s selection of the best                      pending a ‘‘conclusive’’ court decision.              Administration, Department of
                                                available information in setting the                    The CIT’s November 3, 2017, final                     Commerce.
                                                distance used to calculate a surrogate                  judgment sustaining the Department’s                  ACTION: Notification of annual
                                                value for inland freight and (2)                        Final Redetermination constitutes a                   quantitative limit on imports of certain
                                                reconsider petitioner’s, Ajinomoto                      final decision of the Court that is not in            apparel from Haiti.
                                                North America, Inc.’s, (Ajinomoto)                      harmony with the Second Amended
                                                argument to calculate the corn factor of                Final Determination and Order. This                   SUMMARY:    CBERA, as amended,
                                                production (FOP) based upon the                         notice is published in fulfillment of the             provides duty-free treatment for certain
                                                respondent Meihua’s actual production                   publication requirements of Timken.                   apparel articles imported directly from
                                                experience.                                                                                                   Haiti. One of the preferences is known
                                                   Pursuant to the Remand Order, the                    Third Amended Final Determination                     as the ‘‘value-added’’ provision, which
                                                                                                                                                              requires that apparel meet a minimum
                                                Department issued its Final                               Because there is now a final court                  threshold percentage of value added in
                                                Redetermination, which addressed the                    decision, the Department is amending                  Haiti, the United States, and/or certain
                                                Court’s Remand Order and revised the                    the Second Amended Final                              beneficiary countries. The provision is
                                                weighted-average dumping margin for                     Determination and Order with respect                  subject to a quantitative limitation,
                                                Meihua to 34.15 percent.5 On November                   to the dumping margin calculated for                  which is calculated as a percentage of
                                                3, 2017, the CIT sustained in whole the                 Meihua. The revised dumping margin                    total apparel imports into the United
                                                Department’s Final Redetermination.6                    for Meihua, is 34.15 percent.9                        States for each 12-month annual period.
                                                                                                                                                              For the annual period from December
                                                                                                        Cash Deposit Requirements                             20, 2017 through December 19, 2018,
                                                  2 See  Monosodium Glutamate from the People’s
                                                Republic of China, and the Republic of Indonesia:         Since the Second Amended Final                      the quantity of imports eligible for
                                                Antidumping Duty Orders and Monosodium                  Determination and Order, the                          preferential treatment under the value-
                                                Glutamate From the People’s Republic of China:          Department has established a new cash                 added provision is 361,603,399 square
                                                Amended Final Determination of Sales at Less
                                                                                                        deposit rate for Meihua.10 Therefore, the             meters equivalent.
                                                Than Fair Value, 79 FR 70505 (November 26, 2014)                                                              DATES: December 20, 2017.
                                                (Amended Final Determination), and, Monosodium          Department is not amending the cash
                                                                                                        deposit rate for Meihua.                              FOR FURTHER INFORMATION CONTACT:
                                                Glutamate from the People’s Republic of China:
                                                Second Amended Final Determination of Sales at                                                                Laurie Mease, International Trade
                                                Less Than Fair Value and Amended Antidumping            Notification to Interested Parties                    Specialist, Office of Textiles and
                                                Duty Order, 80 FR 487 (January 6, 2015) (Second                                                               Apparel, U.S. Department of Commerce,
                                                Amended Final Determination and Order),
                                                                                                          This notice is issued and published in              (202) 482–3400.
                                                respectively.                                           accordance with sections 516A(e)(1),
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                  3 Meihua, or Meihua Group, consists of Langfang       735(c)(1), and 777(i)(1) of the Act.                    Authority: Section 213A of the
                                                Meihua Bio-Technology Co., Ltd., Tongliao Meihua
                                                                                                          Dated: December 11, 2017.                           Caribbean Basin Economic Recovery Act
                                                Biological SCI–TECH Co., Ltd., Meihua Group
                                                International Trading (Hong Kong) Limited, and          Gary Taverman,                                        (19 U.S.C. 2703a) (‘‘CBERA’’), as
                                                Meihua Holdings Group Co., Ltd, Bazhou Branch.          Deputy Assistant Secretary for Antidumping            amended; and as implemented by
                                                See the Department’s preliminary decision               and Countervailing Duty Operations,                   Presidential Proc. No. 8114, 72 FR
                                                memorandum, ‘‘Decision Memorandum for the               performing the non-exclusive functions and            13655 (March 22, 2007), and No. 8596,
                                                Preliminary Determination of Sales at Less Than         duties of the Assistant Secretary for                 75 FR 68153 (November 4, 2010).
                                                Fair Value, Affirmative Preliminary Determination       Enforcement and Compliance.                             Background: Section 213A(b)(1)(B) of
                                                of Critical Circumstances, and Postponement of                                                                CBERA, as amended (19 U.S.C.
                                                Final Determination of the Antidumping Duty             [FR Doc. 2017–27062 Filed 12–14–17; 8:45 am]
                                                                                                                                                              2703a(b)(1)(B)), outlines the
                                                Investigation of Monosodium Glutamate from the          BILLING CODE 3510–DS–P
                                                People’s Republic of China,’’ dated May 1, 2014, at
                                                                                                                                                              requirements for certain apparel articles
                                                8–9, unchanged in Amended Final Determination.                                                                imported directly from Haiti to qualify
                                                  4 See Ajinomoto North America, Inc. v. United                                                               for duty-free treatment under a ‘‘value-
                                                States, Court No. 14–00351, Slip Op. 17–48 (April                                                             added’’ provision. In order to qualify for
                                                25, 2017) (Remand Order).                                                                                     duty-free treatment, apparel articles
                                                                                                          7 See Timken Co. v. United States, 893 F.2d 337
                                                  5 See Department Memorandum dated August 30,                                                                must be wholly assembled, or knit-to-
                                                2017, ‘‘Final Results of Redetermination Pursuant to    (Fed. Cir. 1990) (Timken), at 341.                    shape, in Haiti from any combination of
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                                                                                                          8 See Diamond Sawblades Mfrs. Coalition v.
                                                Court Remand Monosodium Glutamate from the                                                                    fabrics, fabric components, components
                                                People’s Republic of China Ajinomoto North              United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                                                                                        (Diamond Sawblades).
                                                                                                                                                              knit-to-shape, and yarns, as long as the
                                                America, Inc. v. United States Court No. 14–00351,
                                                Slip Op. 17–48 (CIT April 25, 2017),’’ (Final             9 See Final Redetermination.                        sum of the cost or value of materials
                                                Redetermination).                                         10 See, e.g., Monosodium Glutamate from the         produced in Haiti or one or more
                                                  6 See Ajinomoto North America, Inc. v. United         People’s Republic of China: Final Results of          beneficiary countries, as described in
                                                States, Court No. 14–00351, Slip Op. 17–150 (CIT        Antidumping Duty Administrative Review; 2014–         CBERA, as amended, or any
                                                2017).                                                  2015, 81 FR 89062 (December 9, 2016).                 combination thereof, plus the direct


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                                                59584                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                costs of processing operations                          DEPARTMENT OF COMMERCE                                    On November 24, 2017, the
                                                performed in Haiti or one or more                                                                              petitioners submitted a timely request
                                                beneficiary countries, as described in                  International Trade Administration                     that the Department postpone the
                                                CBERA, as amended, or any                                                                                      preliminary CVD determination.3
                                                combination thereof, is not less than an                [C–570–068]                                            Noting the comments filed with respect
                                                applicable percentage of the declared                                                                          to respondent selection and the scope of
                                                                                                        Forged Steel Fittings From the
                                                customs value of such apparel articles.                                                                        the investigation, the petitioners stated
                                                                                                        People’s Republic of China:
                                                Pursuant to CBERA, as amended, the                                                                             that a postponement is necessary due to
                                                                                                        Postponement of Preliminary
                                                applicable percentage for the period                    Determination in the Countervailing                    the difficulty in determining which
                                                December 20, 2017 through December                      Duty Investigation                                     companies imported subject
                                                19, 2018, is 60 percent.                                                                                       merchandise, and the possibility that
                                                  For every twelve-month period                         AGENCY:  Enforcement and Compliance,                   the Department may find it necessary to
                                                following the effective date of CBERA,                  International Trade Administration,                    select additional respondents or issue
                                                as amended, duty-free treatment under                   Department of Commerce.                                quantity and value questionnaires.
                                                the value-added provision is subject to                 DATES: Applicable December 15, 2017.                   Finally, the petitioners state that a
                                                a quantitative limitation. CBERA, as                    FOR FURTHER INFORMATION CONTACT:                       postponement is necessary to allow
                                                amended, provides that the quantitative                 Brian Smith at (202) 482–1766 or Jaron                 them sufficient time to identify
                                                limitation will be recalculated for each                Moore at (202) 482–3640, AD/CVD                        additional subsidy benefits not
                                                subsequent 12 month period. Section                     Operations, Enforcement and                            addressed in the Petition once the
                                                213A (b)(1)(C) of CBERA, as amended                     Compliance, International Trade                        Department identifies the mandatory
                                                (19 U.S.C. 2703a(b)(1)(C)), requires that,              Administration, U.S. Department of                     respondents.
                                                for the twelve-month period beginning                   Commerce, 1401 Constitution Avenue
                                                                                                                                                                  In accordance with 19 CFR
                                                on December 20, 2017, the quantitative                  NW, Washington, DC 20230.
                                                                                                                                                               351.205(e), the petitioners stated the
                                                limitation for qualifying apparel                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                               reasons for requesting a postponement
                                                imported from Haiti under the value-
                                                                                                        Background                                             of the preliminary determination, and
                                                added provision will be an amount
                                                                                                          On October 25, 2017, the Department                  the Department finds no compelling
                                                equivalent to 1.25 percent of the
                                                                                                        of Commerce (the Department) initiated                 reason to deny the request. Therefore, in
                                                aggregate square meter equivalent of all
                                                                                                        a countervailing duty (CVD)                            accordance with section 703(c)(1)(A) of
                                                apparel articles imported into the
                                                                                                        investigation of forged steel fittings from            the Act, the Department is postponing
                                                United States in the most recent 12-
                                                month period for which data are                         the People’s Republic of China.1                       the deadline for the preliminary
                                                available.                                              Currently, the preliminary                             determination to no later than 130 days
                                                                                                        determination is due no later than                     after the date on which this
                                                  The aggregate square meters                                                                                  investigation was initiated, i.e., March
                                                                                                        December 29, 2017.
                                                equivalent of all apparel articles                                                                             5, 2018.4 Pursuant to section 705(a)(1) of
                                                imported into the United States is                      Postponement of Preliminary                            the Act and 19 CFR 351.210(b)(1), the
                                                derived from the set of Harmonized                      Determination
                                                                                                                                                               deadline for the final determination of
                                                System lines listed in the Annex to the                    Section 703(b)(1) of the Tariff Act of              this investigation will continue to be 75
                                                World Trade Organization Agreement                      1930, as amended (the Act), requires the               days after the date of the preliminary
                                                on Textiles and Clothing (‘‘ATC’’), and                 Department to issue the preliminary                    determination, unless postponed at a
                                                the conversion factors for units of                     determination in a CVD investigation                   later date.
                                                measure into square meter equivalents                   within 65 days after the date on which
                                                used by the United States in                            the Department initiated the                              This notice is issued and published
                                                implementing the ATC.                                   investigation. However, section                        pursuant to section 703(c)(2) of the Act
                                                                                                        703(c)(1)(A) of the Act permits the                    and 19 CFR 351.205(f)(1).
                                                  For purposes of this notice, the most
                                                recent 12-month period for which data                   Department to postpone the preliminary                   Dated: November 30, 2017.
                                                are available as of December 20, 2017 is                determination until no later than 130                  Gary Taverman,
                                                the 12-month period ending on October                   days after the date on which the                       Deputy Assistant Secretary for Antidumping
                                                31, 2017.                                               Department initiated the investigation if              and Countervailing Duty Operations
                                                                                                        the petitioners 2 make a timely request                performing the non-exclusive duties of the
                                                  Therefore, for the one-year period
                                                                                                        for a postponement. Under 19 CFR                       Assistant Secretary for Enforcement and
                                                beginning on December 20, 2017 and                      351.205(e), the petitioners must submit                Compliance.
                                                extending through December 19, 2018,                    a request for postponement 25 days or                  [FR Doc. 2017–27081 Filed 12–14–17; 8:45 am]
                                                the quantity of imports eligible for                    more before the scheduled date of the
                                                preferential treatment under the value-                 preliminary determination and must
                                                                                                                                                               BILLING CODE 3510–DS–P

                                                added provision is 361,603,399 square                   state the reasons for the request. The                   3 See the petitioners’ letter, ‘‘Re: Forged Steel
                                                meters equivalent. Apparel articles                     Department will grant the request unless
                                                entered in excess of these quantities will                                                                     Fittings from the People’s Republic of China:
                                                                                                        it finds compelling reasons to deny the                Request to Postpone Preliminary Determination,’’
                                                be subject to otherwise applicable                      request.                                               dated November 24, 2017.
                                                tariffs.                                                                                                         4 Postponing the preliminary determination to
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Dated: December 11, 2017.                                1 See Forged Steel Fittings From the People’s       130 days after initiation would place the deadline
                                                                                                        Republic of China: Initiation of Countervailing Duty   on Sunday, March 4, 2018. The Department’s
                                                Terry Labat,                                            Investigation, 82 FR 50623 (November 1, 2017)          practice dictates that where a deadline falls on a
                                                Senior Advisor, performing the Non-Exclusive            (Initiation Notice).                                   weekend or federal holiday, the appropriate
                                                Duties of the Deputy Assistant Secretary for               2 The petitioners are the Bonney Forge              deadline is the next business day. See Notice of
                                                Textiles, Consumer Goods and Materials.                 Corporation and the United Steel, Paper and            Clarification: Application of ‘‘Next Business Day’’
                                                                                                        Forestry, Rubber, Manufacturing, Energy, Allied        Rule for Administrative Determination Deadlines
                                                [FR Doc. 2017–27079 Filed 12–14–17; 8:45 am]                                                                   Pursuant to the Tariff Act of 1930, As Amended, 70
                                                                                                        Industrial and Service Workers International Union
                                                BILLING CODE 3510–DS–P                                  (USW).                                                 FR 24533 (May 10, 2005).



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Document Created: 2017-12-15 03:37:17
Document Modified: 2017-12-15 03:37:17
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.
DatesDecember 20, 2017.
ContactLaurie Mease, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400.
FR Citation82 FR 59583 

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