[Federal Register: January 2, 2009 (Volume 74, Number 1)]
[Notices]               
[Page 119-120]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja09-46]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 332-505]

 
Use of the ``First Sale Rule'' for Customs Valuation of U.S. 
Imports

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation.

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SUMMARY: Pursuant to section 15422(c)(1) of the Food, Conservation, and 
Energy Act of 2008 (Pub. L. 110-234) and section 332(g) of the Tariff 
Act of 1930 (19 U.S.C. 1332(g)), the Commission has instituted 
investigation No. 332-505, Use of the ``First Sale Rule'' for Customs 
Valuation of U.S. Imports, for the purpose of preparing the report 
required by section 15422(c)(1).

DATES: 
    April 30, 2009: Deadline for filing written submissions.
    February 2010: Anticipated transmittal of Commission report to 
Congress.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission 
Building, 500 E Street SW., Washington, DC. All written submissions 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: For information specific to this 
investigation, contact project leader Michael Ferrantino (202-205-3241 
or michael.ferrantino@usitc.gov) or deputy project leader Nannette 
Christ (202-205-3263 or nannette.christ@usitc.gov). For information on 
the legal aspects of this investigation, contact William Gearhart of 
the Commission's Office of the General Counsel (202-205-3091 or 
william.gearhart@usitc.gov). The media should contact Margaret 
O'Laughlin, Office of External Relations (202-205-1819 or 
margaret.olaughlin@usitc.gov). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
at 202-205-1810. General information concerning the Commission may also 
be obtained by accessing its Internet site (http://www.usitc.gov). 
Persons with mobility impairments who will need special assistance in 
gaining access to the Commission should contact the Office of the 
Secretary at 202-205-2000.
    Background: Section 15422(c)(1) of the Food, Conservation, and 
Energy Act of 2008 (``2008 Act''), enacted on May 22, 2008, requires 
the Commission to submit a report to the House Committee on Ways and 
Means and the Senate Committee on Finance that contains certain customs 
transaction valuation information compiled by the Commission from 
information furnished to the Commission by the Commissioner of U.S. 
Customs and Border Protection (CBP). Section 15422(c)(2) requires that 
the Commission include the following information in its report:
    (1) The aggregate number of importers that declare the transaction 
value of the imported merchandise is determined on the basis of the 
method described in section 15422(a)(2) of the 2008 Act, including a 
description of the frequency of the use of such method;
    (2) The tariff classification of such imported merchandise under 
the Harmonized Tariff Schedule of the United States (HTS) on an 
aggregate basis, including an analysis of the tariff classification of 
such imported merchandise on a sectoral basis;
    (3) The aggregate transaction value of such imported merchandise, 
including an analysis of the transaction value of such imported 
merchandise on a sectoral basis; and
    (4) The aggregate transaction value of all merchandise imported 
into the United States during the 1-year period specified in section 
15422(a)(3).
    To assist the Commission in preparing its report, section 15422(b) 
of the 2008 Act requires that the Commissioner of CBP provide monthly 
reports to the Commission, covering the period August 20, 2008-August 
19, 2009, that include (1) the number of importers that declare the 
transaction value of the imported merchandise is determined on the 
basis of first or earlier sale, (2) the tariff classification of such 
imported merchandise under the HTS, and (3) the transaction value of 
such imported merchandise. The 2008 Act requires the Commission to 
submit its report 90 days after receipt of the final monthly report 
from CBP. The Commission expects to receive the final monthly report 
from CBP in November 2009 and therefore expects to transmit its report 
to the committees in February 2010.
    The Commission has also instituted this investigation under section 
332(g) of the Tariff Act of 1930 to facilitate docketing of submissions 
and public access to Commission records through the Commission's EDIS 
electronic records system.

[[Page 120]]

    Written Submissions: The Commission does not plan to hold a public 
hearing in the course of this investigation. Interested parties are, 
however, invited to submit written statements containing information 
and their views. All such statements should be addressed to the 
Secretary and should be received not later than 5:15 p.m., April 30, 
2009. All statements must conform with the provisions of section 201.8 
of the Commission's Rules of Practice and Procedure (19 CFR 201.8), 
which requires that a signed original (or a copy designated as an 
original) and fourteen (14) copies of each document be filed. In the 
event that confidential treatment of the document is requested, at 
least four (4) additional copies must be filed, in which the 
confidential information must be deleted (see the following paragraph 
for further information regarding confidential business information). 
The Commission's rules do not authorize filing submissions with the 
Secretary by facsimile or electronic means, except to the extent 
permitted by section 201.8 of the rules (see Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/
rules/documents/handbook_on_electronic_filing.pdf); persons with 
questions regarding electronic filing should contact the Office of the 
Secretary at 202-205-2000.
    Any submission that contains confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or ``non-
confidential'' version, and that the confidential business information 
be clearly identified by means of brackets. All written submissions, 
except for confidential business information, will be made available in 
the Office of the Secretary for inspection by interested parties.
    The Commission anticipates that the report it sends to the 
committees in this investigation will be made available to the public 
in its entirety. Consequently, the report that the Commission sends to 
the committees will not contain any confidential business information. 
Any confidential business information received by the Commission in 
this investigation and used in preparing its report will not be 
published in a manner that would reveal the operations of the firm 
supplying the information.

    Issued: December 29, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-31228 Filed 12-31-08; 8:45 am]

BILLING CODE 7020-02-P