Daily Rules, Proposed Rules, and Notices of the Federal Government
The SIMA system has been operating under its current authority since March 21, 2005. Prior to this date, authority for steel import licensing and monitoring was derived from the Proclamation 7529 of March 5, 2002, 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 prior to completing their Customs entry summary documentation. This provided a monitoring tool to ensure that the effectiveness of the safeguard was not undermined by large quantities of imports originating from countries that were excluded from the tariffs.
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 monitoring system until the earlier of March 21, 2005, or such time as the Secretary of Commerce established a replacement program. On December 9, 2003, the Department published a notice stating that the system would continue in effect as described in Proclamation 7741 until March 21, 2005 (68 FR 68594). On August 25, 2004, the Department published an advanced notice of proposed rulemaking soliciting comments from the public on whether to continue the monitoring system beyond March 21, 2005 (69 FR 52211). On March 11, 2005, the Department published an interim final rule responding to the comments received from the public and implementing a slightly expanded version of SIMA until March 21, 2009. That interim final was
On December 12, 2008, a proposed rule was published in the
The Department issues this final rule to extend the application of the SIMA system until March 21, 2013. No other changes are made to the regulations for the SIMA system. 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. Import licenses, obtained through the internet-based SIMA licensing system, are required on U.S. imports of basic steel mill products. Aggregate import data obtained from the licenses is updated weekly and posted on the SIMA Web site monitor. Details of the current system can be found on
Submissions received during the public comment period established in the proposed rule have been considered in preparing this final rule. Twelve submissions were received from individual steel producers, various industry and distributor trade groups, and the United Steelworkers. All of the comments received were supportive of the four-year extension and agreed that the system is a critical tool that helps the industry to closely monitor steel imports. The comments are summarized below. The twelve comments received are posted on the Federal rulemaking portal at
For the reasons discussed above, the proposed rule (19 CFR part 360) is made final without changes.
This rule has been determined to be significant for purposes of Executive Order 12866.
This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132.
The Department finds good cause under 5 U.S.C. 553(b)(B) to waive the 30-day delay in effectiveness. The Department issues this final rule to extend the requirement for import licenses through the Internet-based SIMA licensing system on U.S. imports of basic steel mill products of the SIMA system until March 21, 2013. 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. This final rule would extend the requirement for such licenses from March 21, 2009 until March 21, 2013. It is necessary to waive the 30-day delay in effectiveness to ensure that the regulations requiring importers to obtain an import license from the SIMA system do not terminate, thereby ensuring the collection of timely and complete data on imports of covered items, and possibly preventing confusion or delay of imports at entry summary. If the Department were to allow for the 30-day delay in effectiveness, there would be a lapse in the requirement for an import license. As a result, importers may be confused about the need for a license and delay their filing of summary documents while trying to obtain one which could lead to possible fines and penalties. In addition, without current information from the licenses, the monitor would fall out of date and the public would be without the quality information they have come to depend upon. Therefore, to ensure the collection of timely and complete data, and to prevent any confusion and delay associated with a lapse in the license requirements for SIMA, the Department finds good cause to waive the 30-day delay in effectiveness, and to make these regulations effective upon publication.
The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that the proposed rule, if adopted, would not
This final rule contains collection-of-information requirements subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). These requirements have been approved by OMB (OMB No. 0625-0245; Expiration Date: 09/30/2011). Public reporting for this collection of information is estimated to be less than ten minutes per response, including the time for reviewing instructions and completing and reviewing the collection of information. All responses to this collection of information are voluntary, and will be provided confidentially to the extent allowed by law.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number.
Administrative practice and procedure, Business and industry, Imports, Reporting and recordkeeping requirements, Steel.
13 U.S.C. 301(a) and 302.
The licensing program will be in effect through March 21, 2013, but may be extended upon review and notification in the