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provisions of 5 U.S.C. 553. This letter will be published in the Federal

Register.

Sincerely,

ARTHUR GAREL,

Acting Chairman, Committee for the
Implementation of Textile Agreements.

U.S. DEPARTMENT OF COMMERCE,

THE ASSISTANT SECRETARY FOR INDUSTRY AND TRADE,

Washington, D.C., March 15, 1979.

Committee for the Implementation of Textile Agreements

COMMISSIONER OF CUSTOMS,

Department of the Treasury,

Washington, D.C. 20229.

DEAR MR. COMMISSIONER: To facilitate implementation of the bilateral cotton textile agreement between the Governments of the United States and Brazil, it would be appreciated if you would charge 2,913 pounds to the increased level of restraint established for category 359 in the directive of March 15, 1979. This charge is for the period which began on September 1, 1978, and extends through October 31, 1978.

This letter will not be published in the Federal Register.
Sincerely,

ARTHUR GAREL,

Acting Chairman, Committee for the
Implementation of Textile Agreements.

(T.D. 79-134)

Special Tonnage Tax and Light Money-Customs Regulations

Amended

Foreign discriminating duties of tonnage and impost with respect to vessels of and certain imports from the Republic of Nauru suspended and discontinued; section 4.22, Customs Regulations, amended

TITLE 19-CUSTOMS DUTIES

CHAPTER I-U.S. CUSTOMS SERVICE

PART 4-VESSELS IN FOREIGN AND DOMESTIC TRADES

AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.

SUMMARY: This rule adds the Republic of Nauru to the list of nations whose vessels are exempted from the payment of higher

tonnage duties than are applicable to vessels of the United States and from the payment of light money. Satisfactory evidence has been obtained by the Department of State that no discriminating duties of tonnage or impost are imposed in Nauruan ports upon vessels belonging to citizens of the United States or on their cargoes.

EFFECTIVE DATE: The exemption became effective January 31,

1968.

FOR FURTHER INFORMATION CONTACT: Patrick J. Casey, Carriers, Drawback and Bonds Division, U.S. Customs Service, 1301 Constitution Avenue NW., Washington, D.C. 20229; 202-566-5706. SUPPLEMENTARY INFORMATION:

BACKGROUND

Generally, the United States imposes regular and special tonnage taxes, and a duty of a specified amount per ton, known as "light money," on all foreign vessels which enter U.S. ports (46 U.S.C. 121, 128). However, vessels of a foreign nation may be exempted from the payment of special tonnage taxes and light money upon presentation of proof satisfactory to the President that no discriminatory duties. of tonnage or imposts are imposed by that foreign nation on U.S. vessels or their cargoes (46 U.S.C. 141). The President has delegated the authority to grant this exemption to the Secretary of the Treasury. Section 4.22, Customs Regulations (19 CFR 4.22), lists those nations whose vessels have been exempted from the payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money.

On November 22, 1978, the Department of State advised Customs that prior to independence on January 31, 1968, the Republic of Nauru, a former trust territory of Australia, enjoyed the same rights and obligations as Australia with respect to treaties with the United States (including the exemption for its registered vessels from the payment of special tonnage taxes and light money), and that following independence, Nauru chose to continue indefinitely the bilateral treaties that it had prior to independence. Consequently, there is satisfactory evidence which would permit the Secretary of the Treasury to find that vessels of the Republic of Nauru are entitled to the exemption, and the Department of State has requested that such vessels be afforded the exemption.

DECLARATION

Therefore, by virtue of the authority vested in the President by section 4228 of the Revised Statutes, as amended (46 U.S.C. 141), and delegated to the Secretary of the Treasury by Executive Order No.

328-806 0 - 81 - 21

10289, September 17, 1951, as amended by Executive Order No. 10882 July 18, 1960 (3 CFR, 1959–63 comp., ch. II), and pursuant to the authorization provided by Treasury Department Order No. 190, rev. 15 (43 F.R. 11884), I declare that the foreign discriminating duties of tonnage and impost within the United States are suspended and discontinued, in respect to vessels of the Republic of Nauru and the produce, manufactures, or merchandise imported into the United States in such vessels from Nauru or from any other foreign country.

This suspension and discontinuance shall take effect from January 31, 1968, in respect to vessels of Nauru and shall continue only for so long as the reciprocal exemptions of vessels wholly belonging to citizens of the United States and their cargoes shall be continued.

AMENDMENT TO THE REGULATIONS

In accordance with this declaration, section 4.22, Customs Regulations (19 CFR 4.22), is amended by adding "Nauru, Republic of" in the appropriate alphabetical sequence in the list of nations whose vessels are exempted from the payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money.

(R.S. 251, as amended, 4219, as amended, 4225, as amended, 4228, as amended, sec. 3, 23 Stat. 119, as amended, sec. 624, 46 Stat. 759 (19 U.S.C. 66, 1624, 46 U.S.C. 3, 121, 128, 141).)

INAPPLICABILITY OF PUBLIC NOTICE AND DELAYED EFFECTIVE DATE

REQUIREMENTS

Because this amendment merely implements a statutory requirement, notice and public procedure are unnecessary, and good cause exists for dispensing with a delayed effective date under 5 U.S.C. 553.

REGULATION DETERMINED TO BE NONSIGNIFICANT

In a directive published in the Federal Register on November 8, 1978 (43 F.R. 52120), implementing Executive Order 12044, "Improving Government Regulations", the Treasury Department stated that it considers each regulation or amendment to an existing regulation published in the Federal Register and codified in the Code of Federal Regulations to be "significart". However, it has been determined that this amendment does not meet the Treasury Department criteria in the directive for a "significant" regulation because it is nonsubstantive, essentially procedural, does not materially change existing or establish new poilcy, and does not impose substantial additional requirements or costs on, or substantially alter the legal rights or obligations of, those affected.

DRAFTING INFORMATION

The principal author of this document was Lawrence P. Dunham, Regulations and Legal Publications Division, Office of Regulations and Rulings, U.S. Customs Service. However, personnel from other offices of the Customs Service and the Departments of State and the Treasury participated in its development.

Dated: April 24, 1979.

RICHARD J. Davis,

Assistant Secretary of the Treasury.

[Published in the Federal Register May 10, 1979 (44 FR 27384)]

(T.D. 79-135)

Country-of-Origin Marking

Notice of specific country of origin marking requirements for imported manhole covers and frames

AGENCY: U.S. Customs Service, Department of the Treasury. ACTION: Notice of specific country of origin marking requirements for imported manhole covers and frames.

SUMMARY: The Customs Service has learned that the country of origin marking requirements are not being uniformly applied to imported manhole covers and frames. This document gives notice that, with certain exceptions set forth in the document, such merchandise shall be permanently and legibly marked with the country of origin by die stamping, molding, or etching and that such merchandise which is marked with the name of a location in the United States shall also be permanently and legibly marked with the country of origin in comparatively sized letters preceded by words such as "made in," although the country of origin marking need not be on the same side of a manhole cover as the name of the U.S. location.

DATES: This ruling shall be effective as to merchandise entered, or withdrawn from warehouse, for consumption on or after (90 days from date of publication in the Federal Register).

FOR FURTHER INFORMATION CONTACT: Samuel A. Orandle, Entry Procedures and Penalties Division, U.S. Customs Service, 1301 Constitution Avenue NW., Washington, D.C. 20229; 202-5665765.

SUPPLEMENTARY INFORMATION:

BACKGROUND

Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that every article of foreign origin, or its con

tainer, imported into the United States shall be legibly and conspicuously marked to indicate the country of origin to an ultimate purchaser in the United States, with certain exceptions. Authority is provided in 19 U.S.C. 1304 for the promulgation of regulations by the Secretary of the Treasury.

Part 134 of the Customs Regulations (19 CFR pt. 134) contains the regulations on country of origin marking. Section 134.42 of the Customs Regulations (19 CFR 134.42) provides that specific methods of marking merchandise with its country of origin may be required by the Commissioner of Customs, and that notice of such rulings shall be published in the Federal Register and the CUSTOMS BULletin. Customs has learned that the country of origin marking requirements are not being applied uniformly, at the different ports of entry, to imported manhole covers and frame sets. Some manhole covers and frame sets have been entered with the country of origin painted on them or written with a yellow crayon. In other instances, no marking other than the U.S. distributor's name was shown. Some distributors have been found to be painting out the country of origin marking or dip processing the cover and frame sets so that any painted markings are covered.

SPECIFIC METHOD OF MARKING REQUIRED

To provide for uniformity of application of the country of origin marking requirements of 19 U.S.C. 1304, and to clarify those marking requirements as applied to the subject merchandise, manhole covers and frames imported into the United States shall be marked with their country of origin as follows.

1. Manhole covers and frames imported in bulk by a distributor for resale to ultimate purchasers in the United States shall each be permanently and legibly marked with the country of origin by die stamping, molding, or etching. Covers or frames which are marked with the name of a location in the United States shall be permanently and legibly marked with the name of the country of origin in comparably sized letters, preceded by words such as "made in" or "product of." However, the country of origin marking need not be on the same side of the cover or frame on which the name of the U.S. location appears.

2. There are two exceptions from the general country of origin marking requirements stated above for imported manhole covers and frames which are not marked with the name of a location in the United States.

(a) If the manhole covers and frames are ordered directly from a foreign supplier by a contractor or other ultimate purchaser in the United States who will use them and not offer them for resale, and if

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