[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Proposed Rules]
[Page 13638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-21]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 113
RIN 1515-AC44
Importation and Entry Bond Conditions Regarding Other Agency
Documentation Requirements
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Notice of withdrawal of proposed rulemaking.
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SUMMARY: This document informs the public that Customs has decided to
withdraw a proposal to amend the Customs Regulations regarding the bond
condition on the basic entry and importation bond requiring the
principal to furnish Customs with any document or evidence required to
be submitted to Customs by law or regulation. The proposal would have
expanded this bond condition to require the principal to furnish to
other Government agencies any document or evidence required in
connection with the importation/entry process required to be submitted
to those agencies under the laws or regulations of those agencies.
DATES: As of March 20, 2003, the proposed rule published on August 6,
1999 (64 FR 42872) is withdrawn.
FOR FURTHER INFORMATION CONTACT: Jeremy Baskin, Penalties Branch,
Office of Regulations and Rulings, (202) 572-8750.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 1999, Customs published a document in the Federal
Register (64 FR 42872) proposing to amend the Customs Regulations
pertaining to the basic importation and entry bond condition under
which, if merchandise is conditionally released to the principal named
in the bond, the principal agrees to furnish Customs with any document
or evidence as required by law or regulation. The proposed amendment
would have extended this requirement, and consequently the potential
liability for payment of liquidated damages for a breach of the bond
condition, to documents and evidence required to be submitted to other
Government agencies under laws and regulations of those other agencies.
The impetus for the proposal was that another agency asked Customs
whether the Customs bond could be used to provide a consequence for the
failure to provide a specific document to that agency when that agency
required the document upon the importation of certain articles. Rather
than issuing a narrow proposed rule governing the presentation of the
specific document, Customs proposed to amend the provisions of the
basic importation and entry bond to allow for the assessment of
liquidated damages if there is a failure to provide any document to
other Government agencies in the time period prescribed under the laws
and regulations of those other agencies.
Comments on the proposed amendment to the Customs Regulations were
solicited.
Customs received six comments on the proposed amendment to the
regulation. All of the comments were strongly opposed to the
implementation of the proposed amendment. They stated that the proposed
amendment was far too broad and that it allowed for liquidated damages
for unidentified violations of unknown laws administered by unknown
agencies.
Customs has carefully considered the comments received, further
reviewed the matter, and agrees with the commenters. Accordingly,
Customs is withdrawing the proposal it published on August 6, 1999.
Robert C. Bonner,
Commissioner of Customs.
Approved: February 25, 2003.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03-6758 Filed 3-19-03; 8:45 am]
BILLING CODE 4820-02-P