Guides for the Jewelry, Precious Metals, and Pewter Industries

38834 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules 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 VerDate jul<14>2003 15:27 Jul 05, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1 Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Proposed Rules 38835 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.

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