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30836 Federal Register / Vol. 71, No.

104 / Wednesday, May 31, 2006 / Proposed Rules

discuss the analyses and issues DEPARTMENT OF COMMERCE The Agreement provides that
identified in various sections of the Commerce shall establish an import
Framework Document. During the International Trade Administration licensing system in order to implement
Department’s presentation to the terms of this Agreement. Consistent
stakeholders, the Department will 15 CFR Part 360 with Reorganization Plan No. 5 of 1950,
discuss each item listed in the [Docket Number: 060316072–6072–01] effective May 24 (1950 15 FR 3174, 64
Framework Document as an issue for Stat. 1263), the Secretary of Commerce
RIN: 0625–AA70 has delegated the authority for
comment. The Department will also
make a brief presentation on the establishing and operating such a
Mexican Cement Import Licensing system, as provided under 13 U.S.C.
rulemaking process for these products. System
The Department encourages those who 301(a) and 302, to the International
wish to participate in the public AGENCY: Import Administration, Trade Administration (ITA) under
International Trade Administration, Delegation of Authority 10–3. In order
meeting to obtain the Framework
Department of Commerce. to implement this authority, ITA is
Document and be prepared to discuss its
ACTION: Proposed rule and request for today publishing this proposed rule and
contents. A copy of the draft Framework request for comment to establish an
Document is available at: http:// public comment.
internet-based cement licensing system
www.eere.energy.gov/buildings/ SUMMARY: The Department of Commerce called the Mexican Cement Import
appliance_standards/. However, public (Commerce) requests public comment Licensing System. The Mexican Cement
meeting participants need not limit their on a proposed rule to establish a Import Licensing System is designed to
discussions to the topics in the Mexican Cement Import Licensing allow Commerce to gain all of the real-
Framework Document. The Department System in accordance with the time information it needs to meet its
is also interested in receiving views Agreement Between the Office of the obligations under this important
concerning other relevant issues that United States Trade Representative and bilateral trade agreement with Mexico.
participants believe would affect energy the Department of Commerce of the The system would be comprised of two
conservation standards for these United States of America and the parts:
products. The Department also Ministry of Economy of the United (1) An online registration system for
welcomes all interested parties, whether Mexican States (Secretaria de Economia) cement importers; and
or not they participate in the public on Trade in Cement (Agreement), dated (2) An automatic cement license
meeting, to submit in writing by March 6, 2006. This cement licensing issuance system.
Thursday, June 29, 2006, comments and system is intended to enable Commerce All importers of cement products
information on the matters addressed in to monitor the sub-regional export limits from Mexico would be required to
the Framework Document and on other established by the Agreement for the obtain an import license and provide
matters relevant to consideration of three year duration of the Agreement. that license number to U.S. Customs
standards for these lamps. DATES: Written comments must be
and Border Protection (CBP) on the
received on or before 5 p.m., Eastern entry summary (CBP Form 7501). In
The public meeting will be conducted addition to the standard information
in an informal, facilitated, conference daylight savings time on June 30, 2006.
required to be reported on CBP Form
style. A court reporter will be present to ADDRESSES: Written comments should
7501, the Mexican Cement Import
prepare a transcript of the meeting. be sent to Jonathan Herzog, Senior License application will require the
There shall be no discussion of International Trade Policy Analyst, importer of record to report the Sub-
proprietary information, costs or prices, Import Administration, Room 1870, region of Final Destination, the Final
market shares, or other commercial Department of Commerce, 14th and Destination, and the Mexican Export
matters regulated by the U.S. antitrust Constitution Ave., NW., Washington, License Number, and to state whether
laws. DC 20230. the shipment is being made for disaster
FOR FURTHER INFORMATION CONTACT: relief, as defined in the Agreement. The
After the public meeting and the Sally C. Gannon (202) 482–0162; Judith
expiration of the period for submitting information gathered by the Mexican
Wey Rudman (202) 482–0192; or Cement Import Licensing System will
written statements, the Department will Jonathan Herzog (202) 482–4271.
begin collecting data, conducting the provide Commerce with specific,
SUPPLEMENTARY INFORMATION: On March reliable, and real-time data which will
analyses as discussed at the public 6, 2006, the Office of the United States be used to monitor imports pursuant to
meeting, and reviewing the comments Trade Representative (USTR), the Agreement.
received. Commerce, and Secretaria de Economia The Agreement is complex and
Anyone who would like to participate signed a bilateral agreement concerning involves sub-regional export limits
in the public meeting, receive meeting trade in cement between the United which are in effect for a maximum of
materials, or be added to the DOE States and Mexico. A copy of the three years. Without access to import
mailing list to receive future notices and Agreement is available on the data on a real-time basis through the
information regarding fluorescent and Commerce Web site: http:// Mexican Cement Import Licensing
incandescent lamps, should contact Ms. www.ia.ita.doc.gov/download/mexico- System, Commerce will not be able to
Brenda Edwards-Jones at (202) 586– cement/cement-final-agreement.pdf. effectively monitor and administer the
2945. This Agreement settles ongoing Agreement. If an allegation of
litigation before the North American circumvention of the Agreement is
Issued in Washington, DC, on May 24,
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2006.
Free Trade Agreement (NAFTA) and raised, Commerce may be required to
World Trade Organization (WTO) conduct an accelerated changed
Douglas L. Faulkner, dispute resolution panels, and provides circumstances review within 90 days.
Principal Deputy Assistant Secretary, Energy for export limits for three years. This Currently, it can take up to 60 days to
Efficiency and Renewable Energy. Agreement applies only to cement from obtain from CBP and the Bureau of the
[FR Doc. E6–8356 Filed 5–30–06; 8:45 am] Mexico as defined in Section I.L. of the Census the information necessary to
BILLING CODE 6450–01–P Agreement. determine whether Commerce needs to

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30837

conduct such a review. In addition, the purposes of administering the automatically based on information
certain of the information required by Mexican Cement Import Licensing provided during the registration process
Commerce is not available from CBP System. The information would not be (e.g., applicant company name and
(i.e., sub-region of final destination, released by Commerce, except as address) or will be self-generated from
statement of use for the purposes of permitted by U.S. law. Commerce other information reported in the form
disaster relief, and Mexican Export would begin registering and issuing user (e.g., product description or average unit
License number). To ensure that identification numbers at least one week value). Other information will be
Commerce has the ability to fully prior to the implementation date of the available from drop-down lists in the
monitor imports pursuant to this Mexican Cement Import Licensing application form (e.g., HTSUS numbers
Agreement and to enable Commerce to System. The user ID would be needed covered by the Agreement, country of
make a timely determination as to to apply for the license. origin, port of entry). A sample copy of
whether a changed circumstances Cement import licenses would be the cement import license application
review is appropriate, it is necessary to issued to registered importers, customs form is available for viewing on Import
have access to real-time information on brokers or their agents through an Administration’s Web site at http://
imports of Mexican cement. Therefore, automatic Mexican Cement Import ia.ita.doc.gov/cement-agreement/
due to the relatively short duration of Licensing System. The separately-issued index.html. As currently proposed, a
the Agreement, the level of detail of the user identification number discussed CBP entry number will not be required
monitoring requirements, and above would be required to access the to be reported in order to obtain a
Commerce’s obligations under the terms system. There would be no fee charged license, but applicants would be
of the Agreement, it is essential that to apply for the import licenses. Cement encouraged to do so if the CBP entry
Commerce implement the Mexican import licenses would be issued number is known at the time of filing for
Cement Import Licensing System. automatically after the completion of the license.
the application form. In order to obtain Upon completion of the application
Mexican Cement Import Licensing a license, the applicant must report the form, the importer, customs broker or
System the importer’s agent would certify as to
following information about the cement
The Mexican Cement Import import transaction: the accuracy and completeness of the
Licensing System would include both (1) Applicant company name and information and submit the form
the online registration system for address; electronically. After refreshing the page,
importers and the automatic cement (2) Applicant contact name, phone the system will automatically issue a
import license issuance system. In order number, fax number and e-mail address; cement import license number. The
to obtain a cement import license, an (3) Importer name; refreshed form containing the submitted
importer, or the importer’s agent or (4) Exporter name; information and the newly issued
customs broker, must first register with (5) Manufacturer name; import license number will appear on
Commerce and be assigned a user (6) Country of origin; the screen (the ‘‘license form’’).
identification number. This (7) Country of exportation; Applicants can print the import license
identification number would be (8) Expected date of export;
(9) Expected date of import; form only at that time. For security
required to log on to the cement import (10) Expected port of entry; purposes, users will not be able to
license issuance system. A single user (11) Sub-Region of Final Destination: retrieve licenses from the license system
identification number would be issued Indicate the Sub-region where either the at a later date for reprinting. If needed,
to an importing company or brokerage Mexican Cement will be consumed by copies of completed license forms can
house. Operating units within the an affiliated company to make concrete be requested from Commerce during
company (e.g., individual branches, or concrete products or the Sub-region normal business hours.
divisions or employees) would all use of the first unaffiliated purchaser of the The cement import license will be
the same user identification code. The Mexican Cement. required for every entry summary (CBP
cement import license issuance system (12) Final Destination: Indicate the Form 7501) submitted for covered
would be designed to allow multiple complete name and address (including cement products. As currently
users of a single identification number county) of either the affiliated company envisioned, a single license could cover
from different locations within the that will consume the Mexican Cement multiple products as long as the
company to enter information or the first unaffiliated purchaser of the importer, exporter, manufacturer, first
simultaneously. Mexican Cement. If either is not known unaffiliated customer, sub-region, and
Any company or broker with a United final destination of the product, and
when the Import License is applied for,
States address may register and obtain a country of origin and exportation are the
indicate the address (including county)
user identification number. There is no same. However, separate licenses would
where the Mexican Cement will be
fee to register and a user identification be required if any of the above
siloed/warehoused until the time of
number would be issued within two (2) information differed with respect to a
shipment to the first unaffiliated
business days. As part of the registration given set of covered imported cement
process, the importer, agent or customs purchaser.
(13) CBP entry number, if known; products. As a result, a single CBP entry
broker would be required to provide (14) Current Harmonized Tariff summary may require more than one
certain general information. Such System of the United States (HTSUS) cement import license. The applicable
information would include the number (from Chapter 25 of the license number(s) must cover the total
applicant company name, Employer HTSUS); quantity of cement entered and should
Identification Number (EIN) or the CBP (15) Quantity (in metric tons); match the information provided on the
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ID number (where no EIN is available), (16) Customs value (U.S. $); CBP Form 7501. There is no
address, phone number, contact (17) Whether the entry is made requirement to present physical copies
information and e-mail address for both pursuant to the disaster relief provisions of the license forms at the time of
the company headquarters and any of the Agreement; and submitting CBP Form 7501; however,
branch offices that would be applying (18) Mexican Export License Number. parties must maintain copies in
for cement import licenses. This Much of the information requested on accordance with CBP’s normal
information would be used solely for the application form will be filled out requirements.

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30838 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

Certain aggregate information CBP Requirements handled electronically. Therefore, the


collected from the license application CBP intends to publish a separate web-based nature of this simple license
system will be posted on the Import Notice of Proposed Rulemaking application should not impose a
Administration website. Only certain (NPRM), setting requirements for the significant cost to any firm in
aggregate information will be available timely filing of the cement import completing this new requirement.
to the public. All other information, license information at entry. However, should a company prefer or
including copies of the licenses and the need to apply for an ID or license by
names of importers, exporters, and Hours of Operation other than electronic means, a fax/
manufacturers, will be considered As currently proposed, parties will be phone option will be available at
business proprietary information and able to access the system 24 hours a day, Commerce during regular business
will not be released to the public. The 7 days a week. If the system is down for hours. There is no cost to register for a
use of this information will be strictly an extended period of time, parties will company-specific user identification
limited to the administration of the be able to obtain licenses from number and no cost to file for the
Agreement and it will not be kept longer Commerce via fax during regular license.
than the period of time legally required business hours. Each license form is expected to take
beyond the expiration or termination of at most about 10 minutes to complete
Duration
the Agreement. using much of the same information the
The licensing program will be in brokers will use to complete their CBP
Duration of the Cement Import License effect for the duration of the Agreement entry summary documentation. The
The cement import license can be only. The licenses, however, will be response time should not vary widely
applied for up to 30 days prior to the valid for 10 business days after the because the same information is used to
expected date of importation and until expiration or termination of the fill out other required CBP documents.
the date of filing of CBP Form 7501. The Agreement to allow for the final filing The estimated average cost to private
cement import license is valid for up to of required CBP documentation. sector respondents is $20.00 per hour.
60 days; however, import licenses that Regulatory Flexibility Act Based on the estimated 12,150
were valid on the date of importation licenses that will be issued each year,
The Chief Counsel for Regulation
but expired prior to the filing of CBP the total cost to respondents as a result
certified to the Chief Counsel for
Form 7501 will be accepted. Special of this rule is $40,500.00. Based on
Advocacy of the Small Business
timing issues surrounding withdrawal historic CBP information, there are few
Administration that this proposed rule,
of products from a warehouse, Foreign if adopted, will not have a significant small entities that would be affected by
Trade Zone (FTZ) issues, and temporary impact on a substantial number of small this rule. Therefore, of this amount, only
imports will be handled separately, as entities as that term is defined in the a small percentage of the total cost
they arise. Regulatory Flexibility Act, 5 U.S.C. 601 would be incurred by small entities.
Handling of Cement to Foreign Trade et seq. A summary of the factual basis Based on this factual basis, this action
Zones for this certification is below. will not have a significant economic
Commerce is unable to determine the impact on a substantial number of small
Commerce proposes to require a number of brokerage companies and entities.
license for cement shipped into a importers that would be impacted by
United States FTZ. Because a CBP entry Paperwork Reduction Act
this rule as Commerce does not collect
number would not be available for this information. However, based on This proposed rule contains
shipments entering the FTZ, the code historical data, Commerce estimates that collection-of-information requirements
‘‘FTZ’’ would be entered on the license there are few brokerage companies and subject to review and approval by OMB
application. There is no requirement to importers that would be considered under the Paperwork Reduction Act
present physical copies of the license small entities under Small Business (PRA). These requirements have been
forms at the time of the FTZ admission; Administration’s standard (5 U.S.C. submitted to OMB for approval. The
however, copies must be maintained in 603(b)(3)). Typically, larger brokers public reporting burden for these
accordance with CBP’s normal handle Mexican cement shipments collections of information is estimated
requirements. FTZ admission because of the capital that is needed at 10 minutes. Parties must maintain
documents submitted without the upfront to handle bonds and other costs. copies in accordance with CBP’s
required license number(s) will be Each importer or broker must fill out the existing requirements. The licensing
considered to be in circumvention of the license form for each entry of the subject system requests information already
Agreement. A further Mexican cement merchandise. Based on CBP entry required of an importer, approval is
license will not be required for summary information, we estimate that automatic, and the importer will have
shipments from FTZs into the 12,150 licenses will be issued each year. ample opportunity and time to apply.
commerce of the United States. Of this number, only a small percentage These estimates of time required to
Mexican Export License Requirement of licenses would be requested by a complete an application include the
small entity as a result of this rule. time for reviewing instructions,
Pursuant to Section IV.C. of the Even if this rule impacted a large searching existing data sources,
Agreement, each importer is required to number of small entities, these entities gathering and maintaining the data
submit a valid Mexican Export License would not incur significant costs to needed, and completing and reviewing
to CBP with its 7501 entry summary. comply with the proposed regulations. the collection of information. Send
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For multiple shipments at multiple Most brokerage companies that are comments on the reporting burden
ports, or multiple entries at one port, the currently involved in filing required estimate or any other aspect of the
original Mexican Export License shall documentation for importing goods into requirements in this proposed rule to
be presented with the first entry the United States, specifically CBP ITA Office of Policy at the addresses
summary and a copy of the Export documentation, are accustomed to above and to OMB at the Office of
License shall be presented with each CBP’s automated systems. Today, more Information and Regulatory Affairs,
subsequent entry summary. than 99 percent of the CBP filings are Office of Management and Budget,

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30839

Washington, DC 20503 (Attention: ITA Mexico. Gray portland cement is a The license number(s) must be reported
Desk Officer). hydraulic cement and the primary on the application for FTZ admission
Notwithstanding any other provision component of concrete. Clinker, an and/or status designation (CBP Form
of law, no person is required to respond intermediate material produced when 214) at the time of filing. There is no
to, nor shall any person be subject to a manufacturing cement, has no use other requirement to present physical copies
penalty for failure to comply with, a than being ground into finished cement. of the license forms at the time of FTZ
collection of information subject to the Specifically included within the scope admission; however, copies must be
Paperwork Reduction Act unless that of this definition are pozzolanic blended maintained in accordance with CBP’s
collection displays a valid OMB Control cements and oil well cements. existing requirements. FTZ admission
Number. Specifically excluded are white cement documents submitted without the
Executive Order 12866 and Type ‘‘S’’ masonry cement. Gray required license number(s) will be
portland cement is currently classifiable considered to be in circumvention of the
It has been determined that this rule under the Harmonized Tariff Schedule Agreement. A further Mexican cement
is significant for purposes of Executive of the United States (HTSUS) item license will not be required for
Order 12866 of September 30, 1993 number 2523.29 and cement clinker is shipments from FTZs into the
(‘‘Regulatory Planning and Review’’) (58 currently classifiable under HTSUS item commerce of the United States.
FR 51735 (October 4, 1993)). number 2523.10. Gray portland cement (d) Mexican Export License
Executive Order 13132 has also been entered under HTSUS Requirement. Each importer is required
item number 2523.90 as ‘‘other to submit a valid Mexican Export
This rule does not contain policies hydraulic cements.’’ These HTSUS License to CBP with its 7501 entry
with federalism implications as that subheadings are provided for summary. For multiple shipments at
term is defined in Section 1(a) of convenience and USCBP purposes; the multiple ports, or multiple entries at
Executive Order 13132, dated August 4, written definition is controlling for one port, the original Mexican Export
1999 (64 FR 43255 (August 10, 1999)). purposes of this Agreement. License shall be presented with the first
List of Subjects in 19 CFR Part 360 (3) The Mexican Cement Import 7501 entry summary and a copy of the
Licensing System includes an online Export License shall be presented with
Customs duties and inspection,
registration system. All imports of each subsequent 7501 entry summary.
Imports, Reporting and recordkeeping
Mexican cement, are subject to the
requirements, Textiles. § 360.202 Online registration.
For the reasons set out in the Mexican Cement Import Licensing
requirements. Information gathered (a) In General. (1) Any importer,
preamble, 19 CFR part 360 is proposed importing company, customs broker or
to be added to read as follows: from these licenses will be used to
ensure that the terms of the Agreement importer’s agent with a U.S. street
are complied with and enforced. address may register and obtain the user
PART 360—MEXICAN CEMENT
IMPORT LICENSING SYSTEM (4) A single license may cover identification number necessary to log
multiple products as long as certain on to the automatic Mexican cement
Sec. information on the license (e.g., import license issuance system. Foreign
360.201 Mexican Cement Import Licensing importer, exporter, manufacturer, and companies may obtain a user
System. sub-region of final destination) remains identification number if they have a
360.202 Online registration. U.S. address through which they may be
360.203 Automatic issuance of import
the same. However, separate licenses for
licenses. Mexican cement entered under a single reached; P.O. Boxes will not be
360.204 Fees. entry will be required if the information accepted. A user identification number
360.205 Hours of operation. differs. As a result, a single CBP entry normally will be issued within two
summary may require more than one business days. Companies will be able
Authority: 13 U.S.C. 301(a) and 302.
Mexican cement import license. The to register online through the import
§ 360.201 Mexican Cement Import applicable license(s) must cover the licensing Web site. However, should a
Licensing System. total quantity of Mexican cement company prefer to apply for a user
(a) In general. (1) On March 6, 2006, entered and should cover the same identification number non-
the Agreement Between the Office of the information provided on CBP Form electronically, a phone/fax option will
United States Trade Representative and 7501. be available at Commerce during regular
the Department of Commerce of the (b) Entries for consumption. All business hours.
United States of America and the entries for consumption of covered (2) This user identification number
Ministry of Economy of the United Mexican cement products will require will be required in order to log on to the
Mexican States (Secretaria de Economia) an import license prior to the filing of Mexican cement import license issuance
on Trade in Cement (Agreement) was CBP Form 7501. The license(s) number system. A single user identification
signed. Pursuant to the Agreement, the must be reported on CBP Form 7501 at number will be issued to an importing
United States has agreed to implement the time of filing. There is no company, brokerage house or importer’s
an import licensing system that covers requirement to present physical copies agent. Operating units within the
imports of merchandise covered by the of the license forms at the time of filing company (e.g., individual branches,
scope of the antidumping duty order on CBP Form 7501; however, copies must divisions, or employees) will all use the
Cement from Mexico. Some of the data be maintained in accordance with CBP’s same company user identification
to be collected is in addition to data existing requirements. If CBP Form 7501 number. The Mexican cement import
currently collected by U.S. Customs and is submitted without the required license issuance system will be
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Border Patrol. The data collected by the license number(s) it will be considered designed to allow multiple users of a
Mexican Cement Import Licensing circumvention of the Agreement. single identification number from
system will be used by the Department (c) Foreign Trade Zone entries. All different locations within the company
of Commerce to monitor imports of shipments of covered Mexican cement to enter information simultaneously.
Mexican Cement, as the imports occur. into FTZs, known as FTZ admissions, (b) Information required to obtain a
(2) Mexican Cement is defined as gray will require an import license prior to user identification number. In order to
portland cement and clinker from the filing of FTZ admission documents. obtain a user identification number, the

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30840 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

importer, importing company, customs siloed/warehoused until the time of § 360.204 Fees.
broker or importer’s agent will be shipment to the first unaffiliated No fees will be charged for obtaining
required to provide general information. purchaser. a user identification number, issuing a
This information will include: The (xiii) CBP entry number, if known; Mexican cement import license.
filer’s company name, employer (xiv) Current Harmonized Tariff
identification number (EIN) or CBP ID § 360.205 Hours of operation.
System of the United States (HTSUS)
number (where no EIN is available), number (from Chapter 25 of the The automatic licensing system will
U.S. street address, telephone number, HTSUS); generally be accessible 24 hours a day,
contact information and e-mail address 7 days a week but may be down at
(xv) Quantity (in metric tons);
for both the company headquarters and selected times for server maintenance. If
(xvi) Customs value (U.S. $); the system is down for an extended
any branch offices that will be applying
for Mexican cement import licenses. (xvii) Whether the entry is made period of time, parties will be able to
This information will not be released by pursuant to the disaster relief provisions obtain licenses from Commerce directly
Commerce, except as required by U.S. of the Agreement; and via fax during regular business hours.
law. (xviii) Mexican Export License Dated: May 22, 2006.
Number.
§ 360.203 Automatic issuance of import David M. Spooner,
(2) Certain fields will be automatically
licenses. Assistant Secretary for Import
filled out by the automatic license Administration.
(a) In general. Mexican cement import system based on information submitted
licenses will be issued to registered [FR Doc. E6–8402 Filed 5–30–06; 8:45 am]
by the filer (e.g., product category, unit
importers, customs brokers or their value). Filers should review these fields BILLING CODE 3510–DS–P

agents through an automatic Mexican to help confirm the accuracy of the


cement import license issuance system. submitted data.
The licenses will be issued DEPARTMENT OF COMMERCE
(3) Upon completion of the form, the
automatically after the completion of importer, customs broker or the Bureau of Industry and Security
the form. importer’s agent will certify as to the
(b) CBP entry number. Filers are not accuracy and completeness of the 15 CFR Parts 734 and 772
required to report a CBP entry number information and submit the form
to obtain an import license but are [Docket No. 050316075–6122–03]
electronically. After submitting the
encouraged to do so if the CBP entry completed form, the system will RIN 0694–AD29
number is known at the time of filing for automatically issue a Mexican cement
the license. import license number. The refreshed Revisions and Clarification of Deemed
(c) Information required to obtain an form containing the submitted Export Related Regulatory
import license. (1) The following information and the newly issued Requirements
information is required to be reported in license number will appear on the
order to obtain an import license (if AGENCY: Bureau of Industry and
screen (the ‘‘license form’’). Filers can Security, Commerce.
using the automatic licensing system, print the license form only at that time.
some of this information will be ACTION: Withdrawal of advance notice of
For security purposes, users will not be
provided automatically from proposed rulemaking.
able to retrieve licenses from the license
information submitted as part of the system at a later date for reprinting. If SUMMARY: The Bureau of Industry and
registration process): needed, copies of completed license
(i) Applicant company name and Security (BIS) has reviewed the public
forms can be requested from Commerce comments received in response to the
address; during normal business hours.
(ii) Applicant contact name, phone ‘‘Advance Notice of Proposed
number, fax number and e-mail address; (d) Duration of the Mexican cement Rulemaking: Revision and Clarification
(iii) Importer name; import license. The Mexican cement of Deemed Export Related Regulatory
(iv) Exporter name; import license can be applied for up to Requirements’’ (ANPR) published in the
(v) Manufacturer name; 30 days prior to the expected date of Federal Register on March 28, 2005.
(vi) Country of origin; importation and until the date of filing The ANPR identified recommendations
(vii) Country of exportation; of CBP Form 7501, or in the case of FTZ contained in the U.S. Department of
(viii) Expected date of export; entries, the filing of CBP Form 214. The Commerce Office of Inspector General
(ix) Expected date of import; Mexican cement import license is valid (OIG) Report entitled ‘‘Deemed Export
(x) Expected port of entry; for 60 days; however, import licenses Controls May Not Stop the Transfer of
(xi) Sub-Region of Final Destination: that were valid on the date of Sensitive Technology to Foreign
Indicate the Sub-region where either the importation but expired prior to the Nationals in the U.S.’’ (Final Inspection
Mexican Cement will be consumed by filing of CBP Form 7501 will be Report No. IPE–16176—March 2004).
an affiliated company to make concrete accepted. This action discusses concerns raised by
or concrete products or the Sub-region (e) Correcting submitted license the OIG and summarizes public
of the first unaffiliated purchaser of the information. Due to data security issues, comments received in response to the
Mexican Cement. it will not be possible to alter an ANPR. This document also states that
(xii) Final Destination: Indicate the existing license electronically once it the current BIS licensing policy related
complete name and address (including has been issued. However, prior to the to deemed exports is appropriate and
mstockstill on PROD1PC61 with PROPOSALS

county) of either the affiliated company entry date listed on CBP Form 7501, confirms that the existing definition of
that will consume the Mexican Cement filers will be able to cancel previously ‘‘use’’ adequately reflects the underlying
or the first unaffiliated purchaser of the issued licenses and file for a new export controls policy rationale in the
Mexican Cement. If either is not known license with the correct information. If Export Administration Regulations
when the Import License is issued, the filer prefers to have Commerce (EAR). As such, BIS is withdrawing the
indicate the address (including county) personnel change the license, there will ANPR. In addition, this action addresses
where the Mexican Cement will be be a telephone/fax option. comments on the scope of the

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