[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Proposed Rules]
[Pages 67593-67595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27539]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 360
[Docket Number 121016549-2549-01]
RIN 0625-AA93
Steel Import Monitoring and Analysis System
AGENCY: Import Administration, International Trade Administration,
Commerce.
ACTION: Proposed rule.
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SUMMARY: The Department of Commerce publishes this proposed rule to
request public comments on proposed modifications to the regulations
for the Steel Import Monitoring and Analysis (SIMA) System that would
extend the system until March 2017. This extension would continue the
Department's ability to track as early as possible certain steel mill
imports into the United States and make the import data publicly
available approximately seven weeks in advance of the full public trade
data release by the Bureau of the Census. Having access to full
information about imports provides the public with greater knowledge to
evaluate current market conditions.
DATES: Comments must be submitted on or before 5 p.m. EST, December 13,
2012.
Submission of Comments
As specified above, to be assured of consideration, comments must
be received no later than 30 days after the publication of this notice
in the Federal Register. All comments must be submitted through the
Federal eRulemaking Portal at http://www.regulations.gov, into Docket
Number ITA-2012-0005, unless the commenter does not have access to the
Internet. Commenters that do not have access to the Internet may submit
the original and two copies of each set of comments by mail or hand
delivery/courier. Please address the written comments to the Secretary
of Commerce, Attention: Steven Presing, Director for Industry Support
and Analysis, Import Administration, Room 2845, Import Administration,
U.S. Department of Commerce, Constitution Avenue and 14th Street NW.,
Washington, DC 20230. The Department will not accept comments
accompanied by a request that part or all of the material be treated
confidentially because of its business proprietary nature or for any
other reason. All comments responding to this notice will be a matter
of public record and will be available for inspection at Import
Administration's Central Records Unit (Room 7046 of the Herbert C.
Hoover Building) and on the Department's Web site at http://www.trade.gov/ia/.
Any questions concerning file formatting, document conversion,
access on the Internet, or other electronic filing issues should be
addressed to Andrew Lee Beller, Import Administration Webmaster, at
(202) 482-0866, email address: webmaster-support@trade.gov.
All Personal Identifying Information (for example, name, address,
etc.) voluntarily submitted by the commenter may be publicly
accessible. Attachments to electronic comments will be accepted in
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only.
All Federal Register notices regarding the SIMA system can be accessed
at http://ia.ita.doc.gov/steel/license/SIMA-FR-Notices.html.
FOR FURTHER INFORMATION CONTACT: For information on the SIMA system,
please contact Steven Presing (202) 482-1672 or Julie Al-Saadawi (202)
482-1930.
SUPPLEMENTARY INFORMATION: On March 2, 2002, the Bush Administration
authorized the implementation of a steel
[[Page 67594]]
import licensing and monitoring program by issuing Proclamation 7529,
which placed temporary tariffs on many steel imports and provided the
steel industry time to restructure. The monitoring system outlined in
Proclamation 7529 required all importers of steel products to obtain a
license from the Department of Commerce prior to completing Customs
entry summary documentation. This monitoring tool ensured that the
effectiveness of the safeguard was not undermined by large quantities
of imports originating from countries that were excluded from the
tariffs. Pursuant to Proclamation 7529, on December 31, 2002, the
Department of Commerce issued final regulations setting forth the
``Steel Import Licensing and Surge Monitoring Program'' (67 FR 79845).
In Proclamation 7741 of December 4, 2003 (68 FR 68483), the
President terminated the steel safeguard measures but directed the
Secretary of Commerce to continue the steel import licensing and
monitoring system until the earlier of March 21, 2005, or such time as
the Secretary of Commerce established a replacement monitoring program.
On December 9, 2003 (68 FR 68594), the Department published a notice
stating that the monitoring system would continue to be in effect as
described in Proclamation 7741 until March 21, 2005. Prior to the March
21, 2005, termination date, the Department of Commerce determined that
there continued to be a need to collect import data, and published an
interim rule (70 FR 12136, March 11, 2005) revising part 360 to
slightly expand the monitoring program, and a final rule (70 FR 72373,
December 5, 2005) continuing the program through March 21, 2009; at
this time the system became known as SIMA. On March 18, 2009, the
Department of Commerce published a final rule (74 FR 11474) in the
Federal Register to continue the SIMA system and extend the program
until March 21, 2013, unless further extended upon review and
notification in the Federal Register.
This proposed rule would extend the implementation of the current
SIMA system until March 21, 2017. This extension would continue the
Department's ability to track certain steel mill imports into the
United States and make the import data publicly available approximately
seven weeks in advance of the full trade data release.
The purpose of the SIMA system is to provide steel producers, steel
consumers, importers, and the general public with accurate and timely
information on anticipated imports of certain steel products into the
United States. Steel import licenses, issued through the online SIMA
licensing system, are required by U.S. Customs and Border Protection
for filing entry paperwork for imports of certain steel mill products
into the United States. Import data collected through the issuance of
the licenses are aggregated weekly and posted on the publicly available
Steel Mill Import Monitor. Details of the current system and monitor
can be found at http://ia.ita.doc.gov/steel/license/.
The Department proposes to extend the SIMA system beyond its
current expiration date for an additional period of four years, until
March 21, 2017 (see 19 CFR part 360). SIMA's renewal is coming at a
time when the cyclical nature of the global steel industry is of
critical concern to the domestic markets. As an import sensitive
industry, the industry strongly supports this licensing system as it
allows the market to monitor import fluctuations, especially those that
may be unfairly traded, as early as possible.
All comments responding to this notice will be a matter of public
record and available for public inspection and copying on
www.Regulations.gov and at Import Administration's Central Records
Unit, Room 7046, between the hours of 8:30 a.m. and 5 p.m. on business
days.
Classification
Regulatory Flexibility Act. The Chief Counsel for Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities as that term is defined in the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq. A summary of the factual basis for this
certification is below.
This proposed rule will not have a significant economic impact on a
substantial number of companies. This rule, if implemented, would
extend the current SIMA system until March 21, 2017. The entities that
would be impacted by this rule are importers and brokerage companies
who import steel mill products. These entities would be required to
obtain steel import licenses through the online SIMA licensing system
for filing entry paperwork required by the U.S. Customs and Border
Protection for U.S. imports of steel mill products. Based on statistics
derived from current license applications, of the approximately 1,600
licenses issued each day, Commerce estimates that fewer than two
percent of the licenses would be filed by importers and brokerage
companies that would be considered small entities.
Based on the current usage of SIMA, Commerce does not anticipate
that the extension of the SIMA system will have a significant economic
impact. Companies are already familiar with the licensing of certain
steel products under the current system. In most cases, brokerage
companies will apply for the license on behalf of the steel importers.
Most brokerage companies that are currently involved in filing
documentation for importing goods into the United States are accustomed
to Customs and Border Protection's automated entry filing systems.
Today, more than 99% of the Customs filings are handled electronically.
Therefore, the web-based, automated nature of this simple license
application should not be a significant obstacle to any firm in
completing this requirement. However, should an importer or brokerage
company need to register for an account or apply for a license non-
electronically, a fax/phone option will be available at Commerce during
regular business hours. There is no cost to register for a company-
specific steel license account and no cost to file for the license.
Each license form is expected to take less than 10 minutes to complete
and collects much of the same information required on the Customs entry
summary documentation. The steel import license is the only additional
U.S. entry requirement that the importers or their representatives must
fulfill in order to import each covered steel product shipment.
Although Commerce does not charge for licenses, Commerce estimates
that the likely aggregate license costs incurred by small entities in
terms of the time to apply for licenses as a result of this proposed
rule would be fewer than two percent, or an estimated $37,151.00, of
the estimated total $1,857,560.00 cost to all steel importers to
process the on-line automatic licenses. These calculations were based
on an hourly pay rate of $20.00 multiplied by the estimated 92,878
total annual burden hours. Based on the current patterns of license
applications, the vast majority of the licenses are applied for by
large companies. The approximate cost of a single license is less than
10 minutes of the fillers time and this is reduced if applicants use
templates or the electronic data interface for multiple licenses.
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction
[[Page 67595]]
Act (PRA). These requirements have been approved by OMB (OMB No.: 0625-
0245; Expiration Date: 12/31/2014). Public reporting for this
collection of information is estimated to be less than 10 minutes per
response, including the time for reviewing instructions, and completing
and reviewing the collection of information.
Paperwork Reduction Act Data:
OMB Number: 0625-0245.
ITA Number: ITA-4141P.
Type of Review: Regular Submission.
Affected Public: Business or other for-profit.
Estimated Number of Registered Users: 3,500.
Estimated Time per Response: Less than 10 minutes.
Estimated Total Annual Burden Hours: 92,878 hours.
Estimated Total Annual Costs: $0.00.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Executive Order 13132
This rule does not contain policies with federalism implications as
that term is defined in EO 13132.
List of Subjects in 19 CFR Part 360
Administrative practice and procedure, Business and industry,
Imports, Reporting and recordkeeping requirements, Steel.
For reasons discussed in the preamble, we propose amending 19 CFR
360 as follows:
PART 360--STEEL IMPORT MONITORING AND ANALYSIS SYSTEM
1. The authority citation for part 360 continues to read as
follows:
Authority: 13 U.S.C. 301(a) and 302.
2. Section 360.105 is revised to read as follows.
Sec. 360.105 Duration of the steel import licensing requirement.
The licensing program will be in effect through March 21, 2017, but
may be extended upon review and notification in the Federal Register
prior to this expiration date. Licenses will be required for all
subject imports entered during this period, even if the entry summary
documents are not filed until after the expiration of this program. The
licenses will be valid for 10 business days after the expiration of
this program to allow for the final filing of required Customs
documentation.
Dated: November 2, 2012.
Francisco J. Sanchez,
Under Secretary for International Trade.
[FR Doc. 2012-27539 Filed 11-9-12; 8:45 am]
BILLING CODE 3510-DS-P