[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31182-31183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12791]


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DEPARTMENT OF COMMERCE

International Trade Administration

15 CFR Part 336

19 CFR Part 357

[Docket No. 120117047-2421-02]
RIN 0625-AA90


Final Withdrawal of Regulations Pertaining to Imports of Cotton 
Woven Fabric and Short Supply Procedures

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

ACTION: Final rule.

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SUMMARY: Import Administration (``IA'') issues this final rule 
withdrawing regulations pertaining to imports of cotton woven fabric 
and short supply procedures. Both sets of regulations are obsolete: The 
tariff quota on cotton woven fabric expired in 2009, and the short 
supply voluntary restraints have not affected U.S. trade for over 19 
years. The removal of these regulations will simplify research into the 
trade laws and eliminate confusion for both United States importers and 
foreign exporters.

DATES: Effective Date: This Final Withdrawal of Regulations will become 
effective June 25, 2012.

FOR FURTHER INFORMATION CONTACT: Robert Goodyear, Director, Office of 
Operations Support, Import Administration, U.S. Department of Commerce, 
at 202-482-5194 or Scott McBride, Senior Attorney, Office of the Chief 
Counsel for Import Administration, U.S. Department of Commerce, at 
(202) 482-6292.

SUPPLEMENTARY INFORMATION:

Background

    President Barack Obama issued Executive Order 13563 on January 18, 
2011, titled ``Improving Regulation and Regulatory Review.'' The 
Executive Order directed all agencies, to ``develop and submit'' to the 
Office of Information and Regulatory Affairs plans under which 
agencies, ``consistent with law and [their] resources and regulatory 
priorities,'' will ``periodically review [their] existing significant 
regulations to determine whether any such regulations should be 
modified, streamlined, expanded or repealed so as to make the agency's 
regulatory program more effective or less burdensome in achieving the 
regulatory objectives.'' The Executive Order states that one of the 
purposes of implementing a program to perform a ``retrospective 
analysis of existing rules'' is to withdraw regulations that are 
``outmoded, ineffective, insufficient, or excessively burdensome.''
    In August 2011, the U.S. Department of Commerce issued its Plan for 
Retrospective Analysis of Existing Rules. < http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules>. 
Within the Department's Plan, International Trade Administration (ITA) 
indicated that IA, a subagency of ITA, intended to withdraw two groups 
of regulations which it determined are obsolete. On February 3, 2012, 
IA published a notice proposing the withdrawal of those two groups of 
regulations and requested public comment. See Proposed Withdrawal of 
Regulations Pertaining to Imports of Cotton Woven Fabric and Short 
Supply Procedures: Opportunity for Public Comment, 77 FR 5440 (Feb. 3, 
2012). No comments were received within the time set forth in the 
notice.
    The regulatory provisions titled ``Imports of Cotton Woven 
Fabric,'' codified at 15 CFR 336.1-336.5, are no longer relevant. They 
were implemented pursuant to the Tax Relief and Health Care Act of 
2006, at Division C, Title IV, Section 406(b)(1) (Pub. L. 109-432) 
(codified in the Harmonized Tariff Schedule of the United States, per 
19 U.S.C. 3004) (2006). The Tax Relief and Health Care Act of 2006 set 
forth tariff rate quotas for cotton woven fabric and the regulatory 
provisions at issue provide for the administration of allocations of 
those quotas by IA. The interim regulations were issued in 2007, and 
then adopted without change, with an effective date of July 10, 2008. 
Imports of Certain Cotton Shirting Fabric: Implementation of Tariff 
Rate Quota Established Under the Tax Relief and Health Care Act of 2006 
(Interim Final Rule), 72 FR 40235 (July 24, 2007); Imports of Certain 
Cotton Shirting Fabric: Implementation of Tariff Rate Quota Established 
Under the Tax Relief and Health Care Act of 2006 (Final Rule), 73 FR 
39585 (July 10, 2008). However, the tariff rate quota on cotton woven 
fabric expired on December 31, 2009. Accordingly, these regulations are 
obsolete and are therefore withdrawn.
    The regulations pertaining to ``Short Supply Procedures,'' which 
are codified at 19 CFR 357.101-111, are also no longer relevant. These 
regulations were issued pursuant to Section 4(b) of the Steel Trade 
Liberalization Program Implementation Act (Pub. L. 101-221) (1989). 
Short Supply Procedures (Interim--Final Rules), 55 FR 1348 (Jan. 12, 
1990). They pertain to voluntary restraints on certain steel imports 
from October 1, 1989 through March 31,

[[Page 31183]]

1992, and IA was tasked with making short supply determinations under 
these regulations. IA has determined to withdraw these regulations 
because they are obsolete, as the associated import restraints have not 
affected U.S. trade for over 19 years.

Classification

Executive Order 12866

    It has been determined that this final rule is not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act of 1995

    This final rule contains no new collection of information subject 
to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

Executive Order 13132

    This final rule does not contain policies with federalism 
implications as that term is defined in section 1(a) of Executive Order 
13132, dated August 4, 1999 (64 FR 43255) (August 10, 1999).

Environmental Impact

    ITA has determined pursuant to 21 CFR 25.30 that this action is of 
a type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 
601 et seq.), whenever a Federal agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare, and make 
available for public comment, a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. SBREFA amended the 
Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities. The Department of Commerce Chief Counsel for Regulation 
certified at the proposed rule stage that this rule will have no impact 
on small entities. This rule simply makes a technical correction by 
withdrawing obsolete regulations. No comments were received on that 
certification. Accordingly, no Regulatory Flexibility Analysis is 
required and none has been prepared.

List of Subjects

15 CFR Part 336

    Imports, Quotas, Reporting and recordkeeping, Tariffs, Textiles.

19 CFR Part 357

    Imports, Reporting and recordkeeping requirements, Steel.

PART 336--IMPORTS OF COTTON WOVEN FABRIC

0
Accordingly, under the authority given pursuant to the Tax Relief and 
Health Care Act of 2006, at Division C, Title IV, Section 406(a)(1) 
(Pub. L. 109-432) (2006) (titled ``Temporary Duty Reductions for 
Certain Cotton Shirting Fabric'' and listing 12/31/2009 as the end date 
for the tariff rate quota), ITA amends 15 CFR chapter III by removing 
part 336.

PART 357--SHORT SUPPLY PROCEDURES

0
Accordingly, under the authority given by Section 4(b) of the Steel 
Trade Liberalization Program Implementation Act (Pub. L. 101-221), 
which by its terms was limited to imports through March 31, 1992, ITA 
amends 19 CFR chapter III by removing part 357.

    Dated: May 21, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-12791 Filed 5-24-12; 8:45 am]
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