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meet the regulatory assembly articles that entered the customs § 303.20 Duty refund. requirements; or wages paid for the territory of the United States duty paid, * * * * * assembly and manufacture of jewelry with certain exceptions, up to the (a) * * * that contain HTSUS column 2 specified value of the certificate. (2) Eighteen month exemption. Any components. Certificates may be used to obtain duty article of jewelry provided for in HTSUS (D) Wages paid to those persons not refunds only when presented with a heading 7113, assembled in the insular engaged in the day-to-day assembly properly executed Form ITA–361P. possessions by a new entrant jewelry operations on the premises of the (3) ITA–361P ‘‘Request for Refund of manufacturer shall be treated as a company office, wages paid to any Duties on Articles that Entered the product of the insular possessions if outside consultants, wages paid to Customs Territory of the United States such article is entered into the customs outside the office personnel, including Duty Paid.’’ * * * territory of the United States no later but not limited to, lawyers, gardeners, * * * * * than 18 months after such producer construction workers and accountants; 8.–9. Section 303.17 is amended by commences jewelry manufacturing or wages paid to employees not working revising paragraph (b)(6); by jewelry assembly operations in the on the premises of the company office redesignating paragraphs (b)(7) and insular possessions. and wages paid to employees who do (b)(8) as paragraphs (b)(8) and (b)(9); * * * * * not qualify as permanent residents in and by adding a new paragraph (b)(7) to 11. Section 303.20 is further amended accordance with the Departments’ read as follows: as follows: regulations. A. Paragraph (b)(1)(ii) is amended by (E) Wages paid to persons engaged in § 303.17 Annual jewelry application. removing ‘‘450,000’’ and adding both creditable and non-creditable * * * * * ‘‘3,533,334’’ in its place. assembly and repair operations if the (b) * * * B. Paragraph (b)(1)(iii) is amended by producer does not maintain production, (6) Customs, bank, payroll, removing ‘‘600,000’’ and adding shipping and payroll records adequate production records, and all shipping ‘‘6,766,667’’ in its place. for the Departments’ verification of the records including the importer of record C. Paragraph (b)(1)(iv) is amended by creditable portion. number and proof of residency, as removing ‘‘750,000’’ and adding (ii) Any costs, for the year in which requested; ‘‘10,000,000’’ in its place. the wages were paid, of the combined (7) All records pertaining to health Joseph A. Spetrini, creditable amount of individual health insurance, life insurance and pension Acting Assistant Secretary for Import and life insurance for employees over benefits for each employee; Administration, Department of Commerce. 100 percent of the ‘‘weighted average’’ * * * * * Nikolao I. Pula, yearly individual health insurance costs 10. Section 303.19(c)(1) is revised to for all federal employees. The cost of Director for Insular Affairs, Department of read as follows: the Interior. any life insurance over the $50,000 limit for each employee. § 303.19 Issuance and use of production [FR Doc. 05–13284 Filed 7–5–05; 8:45 am] (A) Any costs, for the year in which incentive certificates. BILLING CODE 3510–DS–P; 4310–93–P the wages were paid, of the combined * * * * * creditable amount of family health and (c) The use and transfer of certificate life insurance for employees over 120 entitlements. (1) Insular producers FEDERAL TRADE COMMISSION percent of the ‘‘weighted average’’ issued a certificate may request a refund 16 CFR Part 23 yearly family health insurance costs for by executing Form ITA–361P (see all federal employee. The cost of any life § 303.16 (b)(3)) and the instruction on Guides for the Jewelry, Precious insurance over the $50,000 limit for the form). After authentication by the Metals, and Pewter Industries each employee. Department of Commerce, Form ITA– (B) The cost of any pension benefit 361P may be used to obtain duty AGENCY: Federal Trade Commission per employee over 3 percent of the refunds on article that entered the (FTC or Commission). employee’s creditable wages unless the customs territory of the United States ACTION: Request for public comment. employee’s wages exceed the maximum duty paid. Duties on an article which is annual creditable annual maximum the product of a country with respect to SUMMARY: The Commission is seeking creditable wage allowed under the column 2 rates of duty apply may not comment on whether the platinum program (see paragraph (a)(9)(i) of this be refunded Articles for which duty section of the FTC’s Guides for the section). Employees earning over the refunds are claimed must have entered Jewelry, Precious Metals, and Pewter maximum creditable wage allowed the customs territory of the United Industries, 16 CFR part 23, should be under the program would have a States during the two-year period prior amended to provide guidance on how to creditable annual pension benefit of up to the issue date of the certificate or mark or describe non-deceptively to 3 percent of the maximum creditable during the one-year period the products containing between 500 and wage and wages over 3 percent of the certificate remains valid. Copies of the 850 parts per thousand pure platinum maximum creditable wage would not be appropriate Customs entries must be and no other platinum group metals. creditable. provided with the refund request in DATES: Written comments must be * * * * * order to establish a basis for issuing the received on or before September 28, (b) * * * claimed amounts. Certification 2005. (2) ITA–360P ‘‘Certificate of regarding drawback claims and ADDRESSES: Interested parties are Entitlement to Secure the Refund of liquidated refunds relating to the invited to submit written comments. Duties on Articles that Entered the presented entries is required from the Comments should refer to ‘‘Jewelry Customs Territory of The United State claimant on the form. Guides, Matter No. G711001’’ to Duty Paid.’’ This document authorizes * * * * * facilitate the organization of comments. an insular jewelry producer to request 10a. Section 303.20(a)(2) is revised to A comment filed in paper form should the refund of duties on imports of read as follows: include this reference both in the text

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and on the envelope, and should be I. Introduction also stated that the staff would mailed or delivered, with two complete The Guides for the Jewelry, Precious recommend that the Commission copies, to the following address: Federal Metals, and Pewter Industries (‘‘Jewelry publish a Federal Register Notice Trade Commission/Office of the Guides’’ or ‘‘Guides’’), 16 CFR part 23, soliciting comments on whether the Secretary, Room 135–H (Annex Y), 600 address claims made about precious platinum section of the Jewelry Guides Pennsylvania Avenue, NW., metals, diamonds, gemstones and pearl should be revised to address how to Washington, DC 20580. Because paper products. The Jewelry Guides provide market non-deceptively products mail in the Washington area and at the guidance as to when claims about containing 500–850 ppt pure platinum Agency is subject to delay, please jewelry products may be deceptive and, and no other PGM. consider submitting your comments in for certain products, discuss when II. Background electronic form, as prescribed below. disclosures should be made to avoid Comments containing confidential unfair or deceptive trade practices. The The platinum section of the Jewelry material, however, must be filed in Guides also provide examples of Guides contains a general prohibition paper form, must be clearly labeled markings or descriptions that the against the deceptive use of the term ‘‘Confidential,’’ and must comply with Commission would not consider unfair ‘‘platinum’’ and specific examples Commission Rule 4.9(c). 16 CFR 4.9(c) or deceptive. The Commission is where the Commission would consider 1 (2004). seeking public comment on Section 23.7 use of the term ‘‘platinum’’ unfair or Comments filed in electronic form of the Guides, which addresses claims deceptive.5 Section 7(a) of the Jewelry should be submitted by clicking on the for products made of platinum. Guides states that it is ‘‘unfair or following: http:// Industry guides are administrative deceptive to use the words ‘platinum,’ secure.commentworks.com/ftc-jewelry interpretations of the application of ‘iridium,’ ‘palladium,’ ‘ruthenium,’ and following the instructions on the Section 5 of the FTC Act, 15 U.S.C. ‘rhodium,’ and ‘osmium,’ or any web-based form. To ensure that the 45(a). The Commission issues industry abbreviation to mark or describe all or Commission considers an electronic guides to provide guidance for the part of an industry product if such comment, you must file it on the web- public to conform with legal marking or description misrepresents based form at the http:// requirements. Guides provide the basis the product’s true composition.’’ 6 16 secure.commentworks.com/ftc-jewelry. for voluntary and simultaneous CFR part 23.7(a). You also may visit http:// abandonment of unlawful practices by Section 7(b) provides examples of www.regulations.gov to read this request members of industry. 16 CFR part 17. markings or descriptions for products for comment, and may file an electronic Failure to follow industry guides may containing platinum that may be comment through that website. The result in corrective action under Section misleading: Commission will consider all comments 5 of the FTC Act. In any such (1) Use of the word ‘‘Platinum’’ or any that regulations.gov forwards to it. enforcement action, the Commission abbreviation, without qualification, to The FTC Act and other laws the must prove that the act or practice at describe all or part of any industry product Commission administers permit the issue is unfair or deceptive. that is not composed throughout of 950 parts collection of public comments to Recently, several jewelry per thousand pure Platinum. consider and use in this proceeding as manufacturers informed Commission (2) Use of the word ‘‘Platinum’’ or any appropriate. All timely and responsive staff that they were seeking to market abbreviation accompanied by a number public comments, whether filed in products that contain platinum, but indicating the parts per thousand of pure paper or electronic form, will be Platinum contained in the product without differ in composition from traditional mention of the number of parts per thousand considered by the Commission, and will platinum products. Platinum products be available to the public on the FTC of other PGM contained in the product, to that have been marketed thus far describe all or part of an industry product website, to the extent practicable, at typically contain over 85% pure that is not composed throughout of at least http://www.ftc.gov. As a matter of platinum or contain a combination of 850 parts per thousand pure platinum, for discretion, the FTC makes every effort to pure platinum and platinum group example, ‘‘600Plat.’’ remove home contact information for metals (PGM) that total 95% PGM.2 (3) Use of the word ‘‘Platinum’’ or any individuals from the public comments it Some manufacturers propose to market abbreviation therefor, to mark or describe any receives before placing those comments products containing more than 50% but product that is not composed throughout of on the FTC website. More information, at least 500 parts per thousand pure less than 85% pure platinum and no Platinum. including routine uses permitted by the other PGM.3 Subsequently, the staff Privacy Act, may be found in the FTC’s responded to a request for a staff 16 CFR 23.7(b). privacy policy, at http://www.ftc.gov/ opinion regarding the application of the Section 7(c) includes four examples of ftc/privacy.htm. platinum section of the Guides to the markings and descriptions that are not FOR FURTHER INFORMATION CONTACT: Neil marketing of a product containing 585 considered deceptive. The first example Blickman, Attorney, Division of parts per thousand (ppt) pure platinum lists the four and two-letter Enforcement, Bureau of Consumer and no other PGM. The FTC staff abbreviations for the PGM that would Protection, Federal Trade Commission, opinion letter concludes that the Guides not be considered unfair or deceptive. 600 Pennsylvania Avenue, NW., do not specifically address the The remaining three examples provide Washington, DC 20580, (202) 326–3038. marketing of such an alloy.4 The letter examples of descriptions for certain SUPPLEMENTARY INFORMATION: platinum products: 2 The Platinum Group Metals include platinum, 1 The comment must be accompanied by an iridium, palladium, ruthenium, rhodium and statutes/jewelry/letters/karatplatinum002.pdf explicit request for confidential treatment, osmium. respectively. including the factual and legal basis for the request, 3 The staff also is aware that other companies are 5 On April 8, 1997 (62 FR 16669), the Commission and must identify the specific portions of the selling similar products but marketing them under published the current platinum section of the comment to be withheld from the public record. names other than ‘‘platinum.’’ Jewelry Guides. The section was revised as part of The request will be granted or denied by the 4 The request for a staff opinion and the staff’s a comprehensive review of all of the provisions of Commission’s General Counsel, consistent with response to that request can be found at the Guides. applicable law and the public interest. See www.ftc.gov/os/statutes/jewelry/letters/ 6 This section also lists the Platinum Group Commission Rule 4.9(c), 16 CFR 4.9(c). karatplatinum.pdf and http://www.ftc.gov/os/ Metals.

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(2) An industry product consisting of at minimum of 500 ppt pure platinum. 16 CFR comment on whether the Guides should least 950 parts per thousand pure platinum 23.7(b)(3). In addition, the Guides provide be amended to address products may be marked or described as ‘‘Platinum.’’ that, if a product contains 500 ppt pure composed of 500–850 ppt pure (3) An industry product consisting of 850 platinum but less than 850 ppt pure parts per thousand pure Platinum, 900 parts platinum and no other PGM. platinum, the marketer must disclose the Staff also has received some inquiries per thousand pure Platinum or 950 parts per amount in ppt of the remaining PGM in the thousand pure Platinum may be marked product. 16 CFR 23.7(b)(2). regarding the application of the ‘‘Platinum’’ provided that the Platinum In our opinion, a literal reading of the platinum section of the Guides to the marking is preceded by a number indicating Guides indicates that they do not address the marketing of platinum-clad or platinum- the amount in parts per thousand of pure marketing of the Karat Platinum alloy, except coated jewelry products. The platinum Platinum * * * Thus, the following to the extent that they require a minimum of section of the Guides currently does not markings may be used: ‘‘950Pt.,’’ ‘‘950Plat.,’’ 500 ppt pure platinum. The provisions of address platinum-clad, filled, plated or ‘‘900Pt.,’’ ‘‘900Plat.,’’ ‘‘850Plat.,’’ or ‘‘850Pt.’’ Section 23.7 that address misuse of the word platinum-overlay products. Other (4) An industry product consisting of at ‘‘platinum’’ do not discuss how to mark or least 950 parts per thousand PGM, and of at sections of the Guides, however, address describe an alloy that contains over 500 ppt gold and silver-plated jewelry least 500 parts per thousand pure Platinum, pure platinum but no other PGM. may be marked ‘‘Platinum,’’ provided that products.9 These sections basically the mark of each PGM constituent is The staff letter further explained that advise that the plating must be of a preceded by a number indicating the amount the marketing of the alloy would be sufficient thickness to ensure reasonable in parts per thousand of each PGM, as for subject to Section 23.1 of the Guides, durability. The Commission also seeks example, ‘‘600Pt.350Ir.,’’ ‘‘600Plat.350Irid.’’ which contains a general prohibition on comment as to whether the Guides or ‘‘550Pt.350Pd.50Ir.’’ or deception, as well as Section 5 of the ‘‘550Plat.350Pall.50Irid.’’ should provide guidance as to how to FTC Act.8 The letter opined that the mark or describe non-deceptively 16 CFR 23.7(c). staff considers the alloy to be products such as platinum-clad, filled, Last year the staff received letters sufficiently different in composition coated or platinum-overlay jewelry stating that several jewelry from products consisting of platinum products. manufacturers were seeking to market combined with other PGM as to require III. Request for Public Comment products containing between 500 and clear and conspicuous disclosure of the 850 ppt pure platinum and no other differences. The staff noted that it did The Commission seeks public PGM. On December 15, 2004, one not appear that simple stamping of the comment on whether the Jewelry manufacturer requested an opinion from jewelry’s content (e.g., 585Plat., 0PGM) Guides should be amended to discuss the FTC staff regarding the application would be sufficient to alert consumers specifically how products that contain of the Jewelry Guides to a product that to the differences between the alloy and between 500 and 850 ppt pure platinum consists of 585 ppt pure platinum and platinum products containing other and no other PGM should be marked or 415 ppt non-precious metals. The PGM. described. In addition, the Commission request stated that the manufacturer’s The staff letter provides general, but seeks public comment on whether the reading of the Guides indicated that the not specific, guidance for marketers Guides should be revised to provide platinum section did not prohibit seeking to mark or describe products guidance on how to mark or describe marking or describing the product as that contain 50–85% pure platinum but platinum-clad, filled, plated or ‘‘Platinum’’ and that the Guides do not no other PGM. Because of the public platinum-overlay products. The address how to mark or describe an interest in this issue, the Commission is Commission is particularly interested in alloy with this composition other than soliciting public comment as to whether comments addressing the following to require that any representation be the Guides should be revised to address questions: truthful and not misrepresent the specifically how to mark or describe 1. Should the platinum section of the product’s composition. such products. Jewelry Guides be amended to address The staff posted this request on the Comments submitted previously with particularity products that contain FTC’s website on December 17, 2004 to stated that platinum alloys with no 500–850 ppt pure platinum and no seek industry input. The staff notified other PGM may present special issues other PGM? several major jewelry trade associations that may require marketers to provide 2. Is there empirical evidence on what that the request had been posted and additional information. For example, consumers generally expect in terms of invited the industry to provide commenters stated that it is unclear performance or other objective qualities comments by January 5, 2005, which the whether such products would possess when purchasing a product marked or staff later extended until January 10, certain qualities typically associated described as ‘‘platinum’’? What does 2005. The staff received sixteen with traditional platinum products, that data show? comments from jewelry trade such as being hypoallergenic. In 3. Are products containing 500–850 associations and retailers.7 addition, commenters questioned ppt pure platinum and no other PGM On February 2, 2005, the staff whether the presence of non-precious currently being marketed, and if so, responded to the request for an opinion. metals in the product might present how? Is there empirical evidence, e.g., The staff letter stated: unique issues in conjunction with copy testing or other research, as to how The Guides provide that, in order for a jewelry repairs and other procedures, consumers interpret the disclosures or product to be marked or described as such as re-sizing. For instance, marketing materials, or proposed ‘‘platinum,’’ the product must contain a commenters asked whether a product disclosures and marketing materials, with high copper content might require accompanying such products? 7 Comments were received from the Jewelers a bench jeweler to use atmosphere 4. For products containing 500–850 Vigilance Committee, Platinum Guild International, control equipment to avoid damaging ppt pure platinum and no other PGM Manufacturing Jewelers & Suppliers of America, the product. Accordingly, the what, if any, additional information, in American Gem Society, Jewelers of America, Sonny’s On Fillmore, Kwiat, Inc., Cornell’s Commission is soliciting public addition to disclosure of the product Jewelers, Michael Bondanza, Inc., PMI, Traditional Jewelers, Standley Jewelers Gemologist, Davidson & 8 Section 5 of the FTC Act prohibits deceptive 9 See 16 CFR 23.4 and 23.6 (addressing gold- Licht, Henne Jewelers, Johnson Matthey, MJ acts or practices, in or affecting commerce. 15 plated, gold-filled, gold-overlay, gold-electroplated Christensen. U.S.C. 45(a). and silver-plated jewelry products).

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composition, may be necessary to revision submitted by the State of the body of your comment and with any prevent deception under Section 5 of Maryland. This revision consists of disk or CD–ROM you submit. If EPA the FTC Act? How do these disclosures regulations for the control of particulate cannot read your comment due to compare to disclosures already required and visible emissions from glass melting technical difficulties and cannot contact for other jewelry products, for example, facilities. This action is being taken you for clarification, EPA may not be gold? under the Clean Air Act (CAA or the able to consider your comment. 5. Are there significant differences Act). Electronic files should avoid the use of between the 500–850 ppt pure platinum DATES: Written comments must be special characters, any form of alloys with no PGMs and other received on or before August 5, 2005. encryption, and be free of any defects or platinum products in terms of viruses. ADDRESSES: Submit your comments, durability, scratch resistance, tarnish, identified by Regional Material in Docket: All documents in the hypoallergenicity, ability to hold EDocket (RME) ID Number R03–OAR– electronic docket are listed in the RME settings, or similar qualities? What 2004–MD–0002 by one of the following index at http://www.docket.epa.gov/ evidence is there on these issues? methods: rmepub/. Although listed in the index, 6. How would a product containing Federal eRulemaking Portal: http:// some information is not publicly 500 ppt pure platinum and no other www.regulations.gov. Follow the on-line available, i.e., CBI or other information PGM be marked if it were being sold instructions for submitting comments. whose disclosure is restricted by statute. outside the United States? Is there an Agency Web site: http:// Certain other material, such as international standard that addresses a www.docket.epa.gov/rmepub/ RME, copyrighted material, is not placed on product with this composition? EPA’s electronic public docket and the Internet and will be publicly 7. Should the platinum section of the comment system, is EPA’s preferred available only in hard copy form. Jewelry Guides be amended to address method for receiving comments. Follow Publicly available docket materials are other products that contain platinum, the on-line instructions for submitting available either electronically in RME or such as platinum-clad, platinum-filled, comments. in hard copy during normal business platinum-plated, platinum-coated or E-mail: [email protected]. hours at the Air Protection Division, platinum overlay products, that are not Mail: R03–OAR–2004–MD–0002, U.S. Environmental Protection Agency, currently addressed in the section? If so, David Campbell, Chief, Air Quality and Region III, 1650 Arch Street, why? What guidance is needed to Analysis Branch, Mailcode 3AP21, U.S. Philadelphia, Pennsylvania 19103. ensure that consumers are not misled Environmental Protection Agency, Copies of the State submittal are about the composition of such products Region III, 1650 Arch Street, available at the Maryland Department of and their performance, durability, value Philadelphia, Pennsylvania 19103. the Environment, 1800 Washington and special care requirements, if any? Hand Delivery: At the previously- Boulevard, Suite 705, Baltimore, Are such products currently being listed EPA Region III address. Such Maryland, 21230, Baltimore, Maryland marketed, and if so, how? How are such deliveries are only accepted during the 21224. products marked if they are sold outside Docket’s normal hours of operation, and FOR FURTHER INFORMATION CONTACT: the United States? Are there any special arrangements should be made Linda Miller, (215) 814–2068, or by e- international standards that address for deliveries of boxed information. mail at [email protected]. such products? Instructions: Direct your comments to All comments should be filed as RME ID No. R03–OAR–2004–MD–0002. SUPPLEMENTARY INFORMATION: On prescribed in the ADDRESSES section EPA’s policy is that all comments November 18, 2004, the State of above, and must be received on or received will be included in the public Maryland submitted a formal revision to before September 28, 2005. docket without change, and may be its State Implementation Plan (SIP). The By direction of the Commission. made available online at http:// SIP revision consists of regulations to Donald S. Clark, www.docket.epa.gov/rmepub/, control particulates and visible Secretary. including any personal information emissions from glass melting facilities. [FR Doc. 05–13285 Filed 7–5–05; 8:45 am] provided, unless the comment included The existing SIP requirements for information claimed to be Confidential particulates and visible emissions are BILLING CODE 6750–01–U Business Information (CBI) or other found in Code of Maryland Regulations, information whose disclose is restricted Title 26, Subtitle 11 Air Quality, by statute. Do not submit information Chapter 06 General Emission Standards, ENVIRONMENTAL PROTECTION that you consider to be CBI or otherwise Prohibitions, and Restrictions (COMAR AGENCY protected through RME, regulations.gov 26.11.06). For air quality planning 40 CFR Part 52 or e-mail. The EPA RME and the Federal purposes, the State has been divided regulations.gov Web sites are an into planning areas (COMAR [RME No. R03–OAR–2004–MD–0002; FRL– ‘‘anonymous access’’ system, which 26.11.01.03). This SIP revision affects 7933–8] means EPA will not know your identity requirements for the Baltimore and Approval and Promulgation of Air or contact information unless you Washington planning areas. The entire Quality Implementation Plans; provide it in the body of your comment. State of Maryland is currently in Maryland; Control of Visible and If you send an e-mail comment directly attainment with the national ambient air Particulate Emissions From Glass to EPA without going through RME or quality standards (NAAQS) for Melting Facilities regulations.gov, your e-mail address particulate matter (PM10). The Baltimore will be automatically captured and and Washington metropolitan areas AGENCY: Environmental Protection included as part of the comment that is have recently been designated Agency (EPA). placed in the public docket and made nonattainment for fine particulate ACTION: Proposed rule. available on the Internet. If you submit matter (PM2.5). Requirements for the an electronic comment, EPA attainment of these areas will be SUMMARY: EPA is proposing to approve recommends that you include your submitted by the State of Maryland by a State Implementation Plan (SIP) name and other contact information in April 5, 2008.

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