[Federal Register: August 27, 2004 (Volume 69, Number 166)]
[Rules and Regulations]
[Page 52597-52600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au04-5]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 4, 10, 12, 18, 19, 101, 122, 123, 141, 162, 163, 171
and 181
[CBP Dec. 04-28]
Technical Corrections to Customs and Border Protection
Regulations
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: Customs and Border Protection (CBP) periodically reviews its
regulations to ensure that they are current, correct and consistent.
Through this review process, CBP noted several discrepancies. This
document remedies these discrepancies.
DATES: Effective August 27, 2004.
FOR FURTHER INFORMATION CONTACT: Christopher W. Pappas, Regulations
Branch, Office of Regulations and Rulings, 202-572-8769.
SUPPLEMENTARY INFORMATION:
Background
It is the policy of Customs and Border Protection (CBP) to
periodically review its regulations to ensure that they are as accurate
and up-to-date as possible so that the importing and general public are
aware of CBP programs, requirements, and procedures regarding import-
related activities. As part of this review policy, CBP has determined
that certain changes are necessary affecting parts 4, 10, 12, 18, 19,
101, 102, 122, 123, 141, 162, 163, 171 and 181 of the CBP Regulations
(19 CFR parts 4, 10, 12, 18, 19, 101, 102, 122, 123, 141, 162, 163, 171
and 181).
Section 4.13 of the CBP Regulations (19 CFR 4.13) is based on 19
U.S.C. 1707, which was repealed by Public Law 104-295 of October 11,
1996. Accordingly, this document removes and reserves Sec. 4.13.
Section 10.33 of the CBP Regulations (19 CFR 10.33) is being
amended to correct a reference to the Harmonized Tariff Schedule of the
United States (HTSUS) subheading 9813.00.65. This subheading was
abolished by Presidential Proclamation 6763, the Uruguay Round of
Multilateral Trade Negotiations, and for Other Purposes, of December
23, 1994. The same proclamation added, in Subchapter XVII of Chapter
98, HTSUS, subheading ``9817.00.98 Theatrical scenery, properties and
apparel brought into the United States by proprietors or managers of
theatrical, ballet, opera or similar productions or exhibitions
arriving from abroad for temporary use by them in such productions or
exhibitions.'' Accordingly, this document amends the HTSUS subheading
in Sec. 10.33 to read subheading 9817.00.98.
The authority for Sec. 12.6, CBP Regulations (19 CFR 12.6) is
being corrected. The current authority citation for Sec. 12.6 includes
a citation to ``19 U.S.C. 1303'' which has been repealed. Accordingly,
this document revises the authority citation for Sec. 12.6 by removing
that authority.
Section 12.38, CBP Regulations (19 CFR 12.38) contains an outdated
reference to Sec. 171.22(b). Section 171.22(b) was removed by a final
rule published in the Federal Register (65 FR 53565) on September 5,
2000. Accordingly, this document amends Sec. 12.38 by removing the
outdated reference to Sec. 171.22(b).
References to the ``Interstate Commerce Commission'' (ICC) in the
heading of Sec. 18.9, CBP Regulations (19 CFR 18.9) and in Sec.
18.9(a) are outdated. The ICC Termination Act of 1995 (Public Law 104-
88, 109 Stat. 803), enacted December 29, 1995, and effective January 1,
1996, eliminated the ICC and transferred the functions referenced in
Sec. 18.9 to the Surface Transportation Board. Accordingly, this
document corrects these references to read the ``Surface Transportation
Board.''
There is an incorrect reference in Sec. 19.12 of the CBP
Regulations (19 CFR 19.12). Section 19.12(d)(4)(ii) refers to an
exception to the requirement that a warehouse proprietor ``file [a]
permit folder with Customs `` [in] paragraph (b)(4)(iv) of this
section.'' This exception is found in Sec. 19.12(d)(4)(iv),
``Exemption to submission requirement.'' Accordingly, this document
amends Sec. 19.12(d)(4)(ii) to reflect the correct reference.
Section 101.3 of the CBP Regulations (19 CFR 101.3) contains a
table listing ports of entry by state along with the limits of each
port. The limits of several ports were changed in T.D. 35546, T.D.
37386, T.D. 37439, T.D. 22305 and T.D. 39882; however, these changes
were not reflected in the CBP Regulations. Accordingly, this document
adds references to these Treasury Decisions in the ``Limits of port''
column in Sec. 101.3. In addition, this document corrects the spelling
of the Aguadilla port.
Section 101.4(c) of the CBP Regulations (19 CFR 101.4(c)) contains
a table listing customs stations along with the supervisory port of
entry for each station. The supervisory port of entry for the customs
station of Antelope Wells, New Mexico, is no longer Rio Grande City,
Texas. The supervisory port of entry for Antelope Wells is now
Columbus, New Mexico. Accordingly, this document amends Sec. 101.4(c)
to reflect the correct supervisory port of entry.
Section 122.27(b) of the CBP Regulations (19 CFR 122.27(b))
contains a reference to the regulations of the ``Export Administration
(15 CFR parts 368 through 399).'' These regulations are currently found
at 15 CFR parts 730-774 and are referred to as the Export
Administration Regulations. Accordingly, this document amends Sec.
122.27(b) to reflect this name change and new citation.
Similarly, Sec. 122.62(b) and (c) contain two references to the
``Office of Export Administration'' and two references to the ``Export
Control Regulations (15 CFR part 370).'' The Office of Export
Administration ceased to exist in 1988 when it was reformed as the
Bureau of Export Administration. The Department
[[Page 52598]]
of Commerce, through an internal organizational order on April 18,
2002, changed the name of the Bureau of Export Administration to the
Bureau of Industry and Security (BIS). As discussed above, the Bureau
of Industry and Security regulations are currently found at 15 CFR
parts 730-774 and are referred to as the Export Administration
Regulations. Accordingly, this document amends Sec. 122.62(b) and (c)
to reflect these name changes and new citation.
Section 123.1 of the CBP Regulations (19 CFR 123.1) contains a
citation to 8 CFR 235.13 as the section relating to the PORTPASS
program, a section which no longer exists. The PORTPASS regulations are
now at 8 CFR 235.7. This document amends Sec. 123.1(a) accordingly.
Sections 141.4(b)(4) and (d) of the CBP Regulations (19 CFR
141.4(b)(4) and (d)) reference Subchapter V, Chapter 99 of the HTSUS,
particularly subheadings 9905.86.05 and 9905.86.10, HTSUS. Subchapter
V, Chapter 99, HTSUS, was temporary in nature and only covered goods
falling within its provisions through the close of December 31, 1998.
Accordingly, this document amends Sec. 141.4(b)(4) by removing the
reference to ``Chapter 99, Subchapter V, U.S. Note 9, HTSUS'' and
revises Sec. 141.4(d) by removing the references to subheadings
9905.86.05 and 9905.86.10, HTSUS.
The dollar amount in Sec. 162.76(c) of the CBP Regulations (19 CFR
162.76(c)) is changed by this document from $500 to $1000. This change
conforms to 19 U.S.C. 1584(b)(1) as amended by section 3118(1) of
Public Law 99-570 of October 27, 1986, ``The Anti-Drug Abuse Act of
1986.''
The List of Records Required for an Entry of Merchandise set forth
in the Appendix to part 163 of the CBP Regulations (19 CFR part 163) is
also corrected by this document. Section IV of the Appendix incorrectly
attributes 19 CFR 133.21(b)(6) of the CBP Regulations as the authority
for the entry records requirement ``Consent from trademark or trade
name holder to import otherwise restricted goods.'' This document
removes the incorrect citation and adds the correct citations: 19 CFR
133.21(e), 133.22(c)(3) and 133.23(c).
Sections 171.51(b)(7) and 171.52(a), CBP Regulations (19 CFR
171.51(b)(7) and 171.52(a)) concern expedited petitioning procedures
for administrative forfeiture proceedings for property subject to
forfeiture under 19 U.S.C. 1595a, 21 U.S.C. 881, and 49 U.S.C. 80303.
Sections 171.51(b)(7) and 172.52(a), and the specific authority
citation for subpart F, currently set forth references to 19 U.S.C.
1595a, 21 U.S.C. 881, and 49 U.S.C. 80303. Section 888 of title 21 of
the U.S. Code (21 U.S.C. 888), the basis for the expedited procedures
for conveyances seized under 21 U.S.C. 881 and 49 U.S.C. 80303, was
repealed by section 2(c)(3) of the Civil Asset Forfeiture Reform Act of
2000, Public Law 106-185 of April 25, 2000 (CAFRA). Title 19, however,
is explicitly exempt from the CAFRA (See section 2(i)(2)(A) of the
CAFRA). Accordingly, this document removes the incorrect references.
Finally, the specific authority for subpart D of part 181, CBP
Regulations (19 CFR part 181) was inadvertently omitted from part 181.
Accordingly, this document adds the specific authority: 19 U.S.C.
1520(d).
Administrative Procedure Act, the Regulatory Flexibility Act and
Executive Order 12866
Because these amendments merely conform with existing law or
regulation, notice and public procedure are unnecessary. For the same
reason, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not
required. Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. Nor do these amendments meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866.
Delegations of Authority: Signature of Customs and Border Protection
Regulations
This document is limited to technical corrections of CBP
Regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b).
Drafting Information
The principal author of this document was Christopher W. Pappas,
Regulations Branch, Office of Regulations and Rulings, CBP. However,
personnel from other offices participated in its development.
List of Subjects
19 CFR Part 4
Cargo vessels, Customs duties and inspection, Freight, Imports,
Inspection, Maritime carriers, Merchandise, Shipping, Vessels.
19 CFR Part 10
Art, Customs duties and inspection, Entry, Imports, Preference
programs, Shipments.
19 CFR Part 12
Customs duties and inspection, Entry of merchandise, Imports,
Reporting and recordkeeping requirements.
19 CFR Part 18
Customs duties and inspection, Imports.
19 CFR Part 19
Customs duties and inspection, Imports, Reporting and recordkeeping
requirements, Warehouses.
19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Imports,
Reporting and recordkeeping requirements.
19 CFR Part 122
Administrative practice and procedure, Imports, Reporting and
recordkeeping requirements.
19 CFR Part 123
Canada, Customs duties and inspection, Freight, Imports,
International boundaries (Land border), International traffic,
Vehicles.
19 CFR Part 141
Customs duties and inspection, Entry of merchandise, Release of
merchandise.
19 CFR Part 162
Drug traffic control, Law enforcement, Prohibited merchandise.
19 CFR Part 163
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 171
Law enforcement, Penalties, Seizures and forfeitures.
19 CFR Part 181
Customs duties and inspection, Imports, Reporting and
recordkeeping.
Amendments to the Regulations
0
This document amends parts 4, 10, 12, 18, 19, 101, 122, 123, 141, 162,
163, 171 and 181, CBP Regulations (19 CFR part 4, 10, 12, 18, 19, 101,
122, 123, 141, 162, 163, 171 and 181), making technical corrections.
These corrections are set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624;
46 U.S.C. App. 3, 91.
* * * * *
[[Page 52599]]
0
2. Section 4.13 of the CBP Regulations is removed and reserved.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
0
3. The general authority citation for part 10 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624, 3314;
* * * * *
Sec. 10.33 [Amended]
0
4. In Sec. 10.33, the subheading number ``9813.00.65'' is removed from
the introductory text and in its place the subheading number
``9817.00.98'' is added.
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
5. The general authority citation for part 12 continues to read and the
specific authority citation for Sec. 12.6 is revised as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 23,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
Section 12.6 also issued under 7 U.S.C. 1854;
* * * * *
Sec. 12.38 [Amended]
0
6. Section 12.38 is amended by removing the phrase ``(see 171.22(b) of
this chapter)''.
PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT
0
7. The general authority citation in part 18 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 23,
Harmonized Tariff Schedule of the United States), 1551, 1552, 1553,
1623, 1624.
* * * * *
Sec. 18.9 [Amended]
0
8. In Sec. 18.9, the section heading and paragraph (a) are revised to
read as follows:
Sec. 18.9 Examination by inspectors of trunk line associations or
agents of the Surface Transportation Board.
(a) Upon presentation of proper credentials showing the applicant
to be a representative of the Trunk Line Association, the Surface
Transportation Board, the Joint Rate Inspection Bureau of Chicago or
the Southern Weighing and Inspection Bureau of Atlanta, inspectors of
CBP in charge will permit such applicant to examine packages containing
in-bond merchandise described in the manifest in general terms for the
purpose of ascertaining whether the merchandise is properly classified
under the interstate commerce laws.
* * * * *
PART 19--CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF
MERCHANDISE THEREIN
0
9. The general authority citation for part 19 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 23,
Harmonized Tariff Schedule of the United States), 1624;
* * * * *
Sec. 19.12 [Amended]
0
10. The citation in Sec. 19.12(d)(4)(ii) to ``(b)(4)(iv)'' is removed,
and the citation ``(d)(4)(iv)'' is added in its place.
PART 101--GENERAL PROVISIONS
0
11. The general authority citation for part 101 and specific authority
citation for Sec. Sec. 101.3 and 101.4 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 23,
Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.
Sections 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b;
* * * * *
Sec. 101.3 [Amended]
0
12. The list of ports in Sec. 101.3(b)(1) is amended by:
0
a. Under the listing for ``California'' adjacent to ``Port San Luis''
in the ``Ports of entry'' column, adding ``T.D. 35546'' in the ``Limits
of port'' column;
0
b. Under the listing for ``North Dakota'', adjacent to ``Northgate'' in
the ``Ports of entry'' column, adding ``T.D. 37386, T.D. 37439'' in the
``Limits of port'' column;
0
c. Under the listing for ``Puerto Rico'', removing the word
``Aquadilla'' in the ``Ports of entry'' column, and adding in its place
``Aguadilla'' and by adding ``T.D. 22305'' in the ``Limits of port''
column adjacent to that entry; and
0
d. Adding ``T.D. 39882'' under ``Washington'' in the ``Limits of port''
column adjacent to ``Nighthawk''.
0
13. In the list of customs stations and supervisory ports of entry in
Sec. 101.4(c), under the state of New Mexico, the ``Supervisory port
of entry'' column adjacent to ``Antelope Wells (Mail: Hachita, NM)'' in
the ``Customs station'' column is amended by removing ``Rio Grande
City, TX'' and by adding in its place ``Columbus, NM''.
PART 122--AIR COMMERCE REGULATIONS
0
14. The general authority citation for part 122 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436,
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a.
* * * * *
Sec. 122.27 [Amended]
0
15. In Sec. 122.27(b)(2), the words ``Export Administration (15 CFR
parts 368 through 399) regulations'' are removed and in their place the
words ``Export Administration Regulations (15 CFR parts 730 through
774)'' are added.
Sec. 122.62 [Amended]
0
16. In Sec. 122.62:
0
a. In paragraph (b), the heading and first sentence are amended by
removing the words ``Office of Export Administration'' and adding in
their place the words ``Bureau of Industry and Security'';
0
b. In paragraph (b), the first sentence is further amended by removing
the words ``Export Control Regulations (15 CFR part 370)'' and adding
in their place the words ``Export Administration Regulations (15 CFR
parts 730 through 774)''; and
0
c. In paragraph (c), the first sentence is amended by removing the
words ``Export Control Regulations'' and adding in their place the
words ``Export Administration Regulations.''
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO
0
17. The general authority citation for part 123 and the specific
authority citation for Sec. 123.1 continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436,
1448, 1624.
Section 123.1 also issued under 19 U.S.C. 1459;
* * * * *
Sec. 123.1 [Amended]
0
18. The citation in Sec. 123.1(a) to ``8 CFR 235.13'' is removed, and
the citation ``8 CFR 235.7'' is added in its place.
PART 141--ENTRY OF MERCHANDISE
0
19. The general authority citation for part 141 and the specific
authority citation for Sec. 141.4 continue to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
[[Page 52600]]
Section 141.4 also issued under 19 U.S.C. 1202 (General Note 19;
Chapter 86, Additional U.S. Note 1; Chapter 89, Additional U.S. Note
1; Chapter 98, Subchapter III, U.S. Notes 3 and 4; Harmonized Tariff
Schedule of the United States), 1498;
* * * * *
Sec. 141.4 [Amended]
0
20. In Sec. 141.4, paragraph (b)(4) is amended by removing the words
``Chapter 99, Subchapter V, U.S. Note 9, HTSUS;'' and paragraph (d) is
revised. The revision reads as follows:
Sec. 141.4 Entry required.
* * * * *
(d) Railway locomotives and freight cars. For railway locomotives
and freight cars described in Additional U.S. Note 1 of Chapter 86,
HTSUS, to be excepted and released in accordance with paragraph (b)(4)
of this section, the importer must first file a bond on CBP Form 301,
containing the bond conditions set forth in either Sec. 113.62 or
113.64 of this chapter.
* * * * *
PART 162--INSPECTION, SEARCH, AND SEIZURE
0
21. The general authority citation for part 162 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624.
* * * * *
Sec. 162.76 [Amended]
0
22. In Sec. 162.76(c), the dollar amount ``$500'' is removed, and the
dollar amount ``$1,000'' is added in its place.
PART 163--RECORDKEEPING
0
23. The authority citation for part 163 continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510,
1624.
Appendix to Part 163--[Amended]
0
24. The Appendix to part 163 is amended by removing from listing IV the
citation ``Sec. 133.21(b)(6)'' just prior to the words ``Consent from
trademark or trade name holder to import otherwise restricted goods''
and by adding in its place, ``Sec. Sec. 133.21(e), 133.22(c)(3) and
133.23(e)''.
PART 171--FINES, PENALTIES, AND FORFEITURES
0
25. The general authority citation for part 171 continues to read and
the specific authority citation for subpart F is revised to read as
follows:
Authority: 18 U.S.C. 983; 19 U.S.C. 66, 1592, 1593a, 1618, 1624;
22 U.S.C. 401; 31 U.S.C. 5321; 46 U.S.C. App. 320.
Subpart F also issued under 19 U.S.C. 1595a, 1605, 1614.
Sec. 171.51 [Amended]
0
26. In Sec. 171.51(b)(7), the citations ``21 U.S.C. 881(a)(4), (6),
and (7);'' and ``,and 49 U.S.C. 80303'' are removed.
Sec. 171.52 [Amended]
0
27. In Sec. 171.52(a), the citations ``21 U.S.C. 881(a)(4), (6) or
(7),'' and ``and/or 49 U.S.C. 80303'' are removed.
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT
0
28. The general authority for part 181 continues to read and a new
specific authority for subpart D of part 181 is added to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized
Tariff Schedule of the United States), 1624, 3314.
Subpart D of part 181 also issued under 19 U.S.C. 1520(d).
Dated: August 23, 2004.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 04-19577 Filed 8-26-04; 8:45 am]
BILLING CODE 4820-02-P