CFR

336.3—Eligibility criteria and application requirements to receive allocation.

(a) In each year prior to the Tariff Rate Quota Year, the Department will cause to be published a Federal Register notice soliciting applications to receive an allocation of the Tariff Rate Quotas.

(b) An application for a Tariff Rate Quota must be received, or postmarked by the U.S. Postal Service, within 30 calendar days after the date of publication of the Federal Register notice soliciting applications.

(c) Eligibility. The TRQ is available to manufacturers that during the calendar year of the date of application, have cut and sewed men's and boys' cotton woven shirts in the United States. Furthermore, an applicant must have, during calendar year 2000, cut and sewed men's and boy's cotton shirts in the United States from imported woven fabrics of cotton containing 85 percent or more by weight of cotton of the kind described in HTS headings 9902.52.08 through 9902.5219 purchased by such manufacturer during calendar year 2000. The applicant may have cut or sewn these cotton shirts on its own behalf or had another person cut and sew the cotton shirts on the applicant's behalf, provided the applicant owned the fabric at the time it was cut and sewn. Any manufacturer who becomes a successor-of-interest to a manufacturer of the cotton shirts described in HTS headings 9902.52.08 through 9902.52.19 during 2000 because of a reorganization or otherwise, shall be eligible to apply for a TRQ.

(d) Application requirements. To receive consideration for a TRQ, an applicant must submit ITA Form ITA-4156P providing the following information:

(1) Identification. Company name, address, contact telephone number, e-mail address, federal tax identification number, name of person submitting the application, and title, or capacity in which the person is acting for the applicant.

(2) Manufacturing Facilities. The name and address of each plant or location in the United States where men's and boy's cotton shirts of imported woven fabric of the kind described in HTS headings 9902.52.08 through 9902.52.19 was cut and sewn in calendar year 2000.

(3) Date of purchase. The date of purchase shall be (a) the invoice date if the manufacturer is not the importer of record; and (b) the date of entry if the manufacturer is the importer of record.

(4) Quantity of fabric. The quantity of imported woven fabrics of cotton containing 85 percent or more by weight of cotton purchased during calendar year 2000 for use in the cutting and sewing of men's and boys' shirts in the United States.

(5) Affidavit. At the conclusion of the application an officer of the manufacturer must certify that the manufacturer is eligible to receive a license and stating the quantity of imported woven fabrics of cotton containing 85 percent or more by weight of cotton purchased during calendar year 2000 for use in the cutting and sewing of men's and boys' shirts in the United States and attest that all information contained in the application is complete and correct and no false claims, statements or representations have been made. Applicants should be aware that, generally, pursuant to 31 U.S.C. 3729 persons providing false or fraudulent claims, and pursuant to 18 U.S.C. 101, persons making materially false statement to representations, are subject to civil or criminal penalties, respectively.

(6) Notarization. All application must be notarized by a licensed public notary.

(e) Confidentiality. Any business confidential information provided pursuant to this section that is marked “business confidential” will be kept confidential and protected from disclosure to the full extent permitted by law.

(f) Record retention. The applicant shall retain records substantiating the information provided in § 336.3(d)(2), and (3), and (4) for a period of 3 years and the records must be made available upon request by an appropriate government official.

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