[Federal Register Volume 74, Number 90 (Tuesday, May 12, 2009)]
[Rules and Regulations]
[Pages 22094-22095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10955]
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DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 361
[Docket Number: 090416682-9683-01]
Mexican Cement Import Licensing System
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Final rule; removal of regulations.
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SUMMARY: The Department of Commerce is removing its Mexican Cement
Import Licensing (``MCILS'') regulations currently published at 19 CFR
Part 361. This action is being taken pursuant to provisions of the
Agreement Between the Office of the United States Trade Representative
and the Department of Commerce of the United States of America and the
Ministry of Economy of the United Mexican States (Secretaria de
Economia) on Trade in Cement (``Cement Agreement''), signed March 6,
2006. The Cement Agreement was terminated at 11:59 p.m. on March 31,
2009. Accordingly, the MCILS will no longer be necessary.
DATE: Effective Date: May 12, 2009.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon, (202) 482-0162 or
Judith Wey Rudman, (202) 482-0192.
SUPPLEMENTARY INFORMATION: On March 6, 2006, the Office of the United
States Trade Representative (``USTR'') and the United States Department
of Commerce (``Commerce'') entered into an agreement with the
Secretaria de Economia of Mexico pertaining to imports of gray portland
cement and clinker from Mexico (``Mexican Cement''). The Cement
Agreement provided for the settlement or suspension of ongoing
litigation before North American Free Trade Agreement and World Trade
Organization panels challenging various antidumping duty determinations
involving Mexican Cement. Pursuant to the terms of the Cement
Agreement, on February 28, 2007, Import Administration (``IA'') issued
a rule to add new regulations implementing the MCILS. This rule
required all importers of cement from Mexico covered by the scope of
the Cement Agreement to obtain an import license from the Department
prior to completing their U.S. Customs and Border Protection entry
summary documentation. IA used the information recorded via the MCILS
to monitor compliance with the Cement Agreement. The Cement Agreement
also provided that if all interested parties had abided by its terms,
Commerce would terminate the Cement Agreement on March 31, 2009, and
would revoke the underlying antidumping duty order. All obligations of
the Cement Agreement were fulfilled; therefore, Commerce has terminated
the Cement Agreement, and revoked the underlying antidumping duty order
through a notice entitled Gray Portland Cement and Clinker from Mexico:
Final Results of Changed-Circumstances Review,
[[Page 22095]]
Revocation of Antidumping Duty Order, and Termination of Five-Year
(Sunset) Review of Antidumping Duty Order published in the Federal
Register on April 6, 2009 (74 FR 15435). As a result, the MCILS is no
longer necessary and Commerce is removing the regulations pertaining to
it. Commerce will also discontinue the associated collection-of-
information authorization provided by the Office of Management and
Budget under Control Number 0625-0259.
Classification
Executive Order 12866: This action has been determined to be not
significant under E.O. 12866.
Administrative Procedure Act: The Department of Commerce finds good
cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity
for public comment as it is contrary to the public interest. The
regulations implementing the MCILS required all importers of cement
from Mexico covered by the scope of the Cement Agreement to obtain an
import license from the Department through the MCILS prior to
completing their U.S. Customs and Border Protection entry summary
documentation. IA used the information recorded via the MCILS to
monitor compliance with the Cement Agreement. The Cement Agreement
provided that if all interested parties had abided by its terms,
Commerce would terminate the Cement Agreement on March 31, 2009, and
would revoke the underlying antidumping duty order. All obligations of
the Cement Agreement were fulfilled; therefore, Commerce terminated the
Cement Agreement on the agreed upon date. Commerce also revoked the
underlying antidumping duty order effective April 1, 2009. See 74 FR
15435. Accordingly, it is no longer necessary to collect licensing
information via the MCILS, and is therefore in the public interest to
discontinue regulations requiring importers to use, and for IA to
maintain, the MCILS. If the Department continued to allow the operation
of the MCILS, the public would be unduly burdened by the MCILS
regulations. For the above reasons, the Department waives the notice
and comment rulemaking requirements of 5 U.S.C. 553(b)(B) and issues
this rule in final form.
The Department of Commerce finds good cause under 5 U.S.C.
553(d)(1) to waive the 30-day delay in effectiveness as this rule
relieves a restriction. This rule removes the regulations requiring all
importers of cement from Mexico covered by the scope of the Cement
Agreement to obtain an import license from the Department prior to
completing their U.S. Customs and Border Protection entry summary
documentation because it is no longer necessary to collect this
information. Pursuant to the terms of the Agreement, the Department
terminated the Cement Agreement on March 31, 2009, and revoked the
underlying antidumping duty order effective April 1, 2009. See 74 FR
15435. Because it is no longer necessary to collect the information
through the MCILS, the Department discontinues the MCILS, and removes
the related implementing regulations through this final rule. The
removal of the MCILS regulations constitutes a relief of a restriction
as importers of cement from Mexico would no longer be required to
obtain an import license from the Department. In order to implement
this action immediately, the Department makes this rule effective upon
publication.
Regulatory Flexibility Act: Because notice and opportunity for
comment are not required pursuant to 5 U.S.C. 553 or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a regulatory flexibility analysis
is not required and has not been prepared.
List of Subjects in 19 CFR Part 361
Mexican Cement Import Licensing System.
0
Accordingly, pursuant to 13 U.S.C. 301(a) and 302, and section XI of
the Cement Agreement, the Department is removing 19 CFR Part 361 in its
entirety.
Dated: May 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-10955 Filed 5-11-09; 8:45 am]
BILLING CODE 3510-DS-P