[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52446-52452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21253]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Parts 4, 10, 12, 18, 101, 103, 118, 122, 141, 146, 159, 162,
and 192
CBP Dec. 10-29; 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 discovered a number of discrepancies.
This document amends various sections of title 19 of the Code of
Federal Regulations to correct those discrepancies.
DATES: The final rule is effective August 26, 2010.
FOR FURTHER INFORMATION CONTACT: Robert Shervette, Regulations and
Rulings, Office of International Trade, (202) 325-0274.
SUPPLEMENTARY INFORMATION:
Background
It is the policy of Customs and Border Protection (CBP) to
periodically review title 19 of the Code of Federal Regulations to
ensure that it is 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 corrections are
necessary affecting parts 4, 10, 12, 18, 101, 103, 118, 122, 141, 146,
159, 162, and 192 of the CBP regulations (19 CFR parts 4, 10, 12, 18,
101, 103, 118, 122, 141, 146, 159, 162, and 192).
Discussion of Changes
Part 4
Section 4.12 of the CBP regulations (19 CFR 4.12), involving the
process of notifying CBP of a manifest discrepancy, contains a
typographical error in the designation of paragraph ``(a)(5)(a)''. The
paragraph should properly read as ``(a)(5)''. Accordingly, this
document amends Sec. 4.12 by replacing the paragraph designation
``(a)(5)(a)'' with ``(a)(5)''.
Part 10
Section 10.31(g) of the CBP regulations (19 CFR 10.31(g)) provides
for free entry of particular classes of products which have previously
been entered if the ``original entry was made on the basis of a
clerical error, mistake of fact, or other inadvertence within the
meaning of section 520(c)(1) of the Tariff Act of 1930, as amended.''
Section 520(c) of the Tariff Act of 1930 (19 U.S.C. 1520(c)), which was
an exception to the finality of the liquidation of an entry under
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), was repealed by
section 2105 of the Miscellaneous Trade and Technical Corrections Act
of 2004 (``Trade Act of 2004'') (Pub. L. 108-429, 118 Stat. 2598
(December 3, 2004)).
Section 2103(1)(A) of the Trade Act of 2004 also amended section
514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) to include
clerical errors, mistakes of fact, and other inadvertence as bases of
protest of CBP decisions. See Public Law 108-429, 118 Stat. 2597.
Therefore, in order to reflect the inclusion of clerical error, mistake
of fact, or other inadvertence as bases of protest in section 514(a)
and the removal of section 520(c), Sec. 10.31(g) is amended to replace
the reference to section 520(c)(1) of the Tariff Act of 1930, as
amended, with a reference to section 514(a) of the Tariff Act of 1930,
as amended. In addition, Sec. 10.31(g) is being amended by replacing
outdated references to ``Customs custody'', ``the Customs Service'',
and ``Customs territory'' with ``CBP custody'', ``CBP'', and ``customs
territory'', respectively. This is consistent with the transfer of the
legacy U.S. Customs Service of the Department of the Treasury to the
Department of Homeland Security (DHS) in 2003 and the subsequent
renaming of the agency as U.S. Customs and Border Protection by DHS on
March 31, 2007 (see 72 FR 20131, dated April 23, 2007). See also 75 FR
12445, dated March 16, 2010.
Section 10.36(b) of the CBP regulations (19 CFR 10.36(b)),
pertaining to the temporary importation under bond of theatrical
effects and other articles contains a reference to subheading
9813.00.65, Harmonized Tariff Schedule of the United States (HTSUS), 19
U.S.C. 1202. This tariff number was replaced on January 4, 1995, with
subheading 9817.00.98, HTSUS, by Presidential Proclamation 6763
(December 23, 1994). Section 10.36(b) is amended to replace the
outdated subheading with subheading 9817.00.98, HTSUS. Section 10.36 is
also being amended to replace outdated nomenclature references to
reflect the changes effected by the transfer of CBP to DHS.
Sections 10.191(b)(1) and 10.195(b)(1) of the CBP regulations (19
CFR 10.191(b)(1) and 10.195(b)(1)), involving regulations implementing
the Caribbean Basin Economic Recovery Act (CBERA), are being amended to
conform to amendments to the CBERA enacted in the 2005 Dominican
Republic--Central America--United States Free Trade Agreement
Implementation Act (CAFTA-DR Act) (Pub. L. 109-53, 119 Stat. 462).
Section 402(a) and (c) of the CAFTA-DR Act amended sections 212(a)(1)
and 213(a)(1), respectively, of the CBERA (19 U.S.C. 2702(a)(1) and
2703(a)(1)). As a result of these amendments, any cost or value of
materials or direct costs of processing operations attributable to
``former beneficiary countries'' may be included
[[Page 52447]]
for purposes of satisfying the 35 percent value-content requirement
under the CBERA (see 19 U.S.C. 2702(a)(1)(B)). ``Former beneficiary
countries'' are defined in the 2005 CAFTA-DR Act as countries that are
no longer designated beneficiary countries under the CBERA because they
have become parties to a free trade agreement with the United States.
This document amends Sec. 10.191(b)(1) by adding language stating
that when the word ``former'' is used in conjunction with ``beneficiary
country'' it means a country that ceases to be designated as a
beneficiary country because the country has become a party to a
separate free trade agreement with the United States. Section
10.191(b)(1) is also being amended in this document by adding
references to General Notes 7(a) and 7(b)(i)(C), HTSUS, which list the
CBERA beneficiary countries and former beneficiary countries,
respectively. In addition, this document amends Sec. 10.195(b)(1) by
adding a reference to ``former beneficiary country.'' Currently,
``former beneficiary countries'' consist of the 6 countries that are
parties to the CAFTA-DR (other than the United States)--Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua.
Section 10.411(a)(2)(vi) of the CBP regulations (19 CFR
10.411(a)(2)(vi)), involving the certification of origin import
requirements under the United States-Chile Free Trade Agreement (CFTA),
contains an incorrect reference to Sec. 10.411(e). The correct
reference should be to Sec. 10.411(f), which is the paragraph that
lists the preference criteria that should be included on the
certification of origin documentation. Section 10.411(e) has nothing to
do with the ``preference criterion'' reference in Sec.
10.411(a)(2)(vi). This document amends Sec. 10.411(a)(2)(vi) by
replacing the reference to ``paragraph (e)'' with ``paragraph (f)''.
Section 10.442(d)(1) of the CBP regulations (19 CFR 10.442(d)(1))
sets forth the circumstances under which CBP may deny post-importation
duty refund claims under the CFTA. These circumstances include a
determination by the port director that the imported good did not
qualify as an originating good at the time of importation ``following
initiation of an origin verification''. This document amends Sec.
10.442(d)(1) by removing the potentially misleading words ``initiation
of'' from the above-quoted phrase to more accurately reflect when
determinations are made by CBP based upon the results of origin
verifications.
Section 10.470(a) of the CBP regulations (19 CFR 10.470(a)),
concerning verifications by CBP of CFTA preference claims,
inadvertently omits any reference to post-importation duty refund
claims made under Sec. 10.442. This document amends the introductory
text of Sec. 10.470(a) to add a reference to ``Sec. 10.442''
immediately after the reference to ``10.410'' to clarify that the port
director may initiate a verification with respect to both post-
importation duty refund claims and preference claims made at the time
of importation.
Section 10.809(d)(7) of the CBP regulations (19 CFR 10.809(d)(7)),
involving terms that are defined for the purposes of the rules of
origin under the United States-Bahrain Free Trade Agreement (BFTA),
contains an incorrect reference to ``paragraph (d)(5)''. This does not
accurately reflect section 202(i)(3)(G) of the United States-Bahrain
Free Trade Agreement Implementation Act, Public Law 109-169, 119 Stat.
3581 (19 U.S.C. 3805 note). The correct reference should be to
``paragraph (d)(6)''. This document amends Sec. 10.809(d)(7) by
replacing the reference to ``paragraph (d)(5)'' with ``paragraph
(d)(6)''.
In Sec. 10.809(n) of the CBP regulations (19 CFR 10.809(n)), which
defines ``simple combining or packaging operations'', the words ``or
packing or repacking'' toward the end of the definition should read
``and repacking and packaging'' to be consistent with the implementing
statute, section 202(i)(10) of the United States-Bahrain Free Trade
Agreement Implementation Act. This document amends Sec. 10.809(n) to
replace the words ``or packing or repacking'' with the words ``and
repacking and packaging''.
Section 10.811(a)(1) of the CBP regulations (19 CFR 10.811(a)(1))
sets forth the maximum percentage of the production weight of fibers
and yarns not originating in Bahrain or the United States that may be
used in the production of a textile or apparel good and still qualify
the good for preferential tariff treatment under the BFTA. There is an
omission in this paragraph with reference to the words ``* * * the
total weight of all such fibers is not more * * *''. These words should
read ``* * * the total weight of all such fibers or yarns is not more *
* *'' (emphasis added). See section 202(h)(1)(A) of the United States-
Bahrain Free Trade Agreement Implementation Act. This document amends
Sec. 10.811(a)(1) by adding the words ``or yarns'' following the words
``all such fibers''.
Part 12
Section 12.8 of the CBP regulations (19 CFR 12.8), involving the
inspection, bonding, and release of meat and meat-food products,
contains a reference to ``section 306, Tariff Act of 1930''. That
provision was repealed by section 10418(a)(5) of the Farm Security and
Rural Investment Act of 2002 (Pub. L. 107-171, 116 Stat. 507 (May 13,
2002)). Currently, the regulation of meat and meat-food products
entering the United States is covered by the Animal Health Protection
Act (7 U.S.C. 8301, et seq.). Accordingly, this document amends part 12
of the CBP regulations (19 CFR part 12) to remove the reference and
reflect the correct authority citation in Sec. 12.8. In addition,
Sec. 12.8 is being amended by replacing references to ``Customs'' with
``CBP''.
Section 12.74 of the CBP regulations (19 CFR 12.74), which relates
to the documentation required for importation of nonroad and stationary
engines relative to the emission standards set by the Environmental
Protection Agency (EPA), contains inaccurate citations to the
regulations of the EPA. The EPA published a final rule in the Federal
Register on July 11, 2006 (71 FR 39154), which established new
standards of performance for stationary compression ignition internal
combustion engines, and was effective on September 11, 2006.
Accordingly, this document amends part 12 of the CBP regulations (19
CFR part 12) to conform Sec. 12.74 to the current EPA regulations.
Section 12.112(b) of the CBP regulations (19 CFR 12.112(b))
pertains to the importation of chemicals that can be used as
pesticides, but are not imported for use as pesticides. This section
contains an inaccurate reference to ``the Abbreviated List of
Pesticides compiled by the Environmental Protection Agency''. This
document amends Sec. 112.12(b) to remove the incorrect reference and
replace it with the correct title of the EPA Handbook which contains
the listing of the pesticide products and a cite to that agency's
website for the public's convenience.
Section 12.123(b) of the CBP regulations (19 CFR 12.123(b))
contains a reference to ``Customs Form 7551, 7553, or 7595''. These
forms were abolished and replaced by CBP Form 301 in order to modernize
the CBP bond structure and simplify the transactions between CBP and
the importing community. See Treasury Decision (T.D.) 84-213, 49 FR
41171. This document amends Sec. 12.123(b) to remove the outdated
references to these forms and replace them with the correct reference
to CBP Form 301.
[[Page 52448]]
Parts 12 and 141
Sections 12.1(a), 12.3(a), and 141.113(c) of the CBP regulations
(19 CFR 12.1(a), 12.3(a), 141.113(c)) set forth, in part, joint
regulations issued by the Food and Drug Administration (FDA),
Department of Health and Human Services, and the Department of the
Treasury concerning the admissibility of imported food, drugs, devices,
and cosmetics pursuant to sections 701(b) and 801 of the Federal Food,
Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 371(b) and 381). On June 22,
2009, the Family Smoking Prevention and Tobacco Control Act (Pub. L.
111-31, 123 Stat. 1776) was signed by the President into law and
amended the FFDCA to give the FDA the authority to regulate tobacco
products, including imported tobacco products. Accordingly, this
document amends Sec. Sec. 12.1(a), 12.3(a), and 141.113(c) of the CBP
regulations to reflect the addition of ``tobacco products'' to the list
of imported products subject to regulation under the FFDCA.
Part 18
Section 18.11(e) of the CBP regulations (19 CFR 18.11(e)),
involving entries for immediate transportation without appraisement,
contains a typographical error in the first sentence. Section 18.11(e)
employs the word ``of'' in the phrase ``merchandise subject to
detention of supervision'' (emphasis added) when the word ``or'' should
have been used. This document amends Sec. 18.11(e) to correct the
error to clarify that the entries for immediate transportation without
appraisement are subject to either detention or supervision by any
Federal agency. In addition, this document amends Sec. 18.11(e) to
remove the word ``shall'' in the first and third sentences and replace
it with ``must'' in order to reflect the mandatory nature of these
requirements.
Part 101
Section 101.3 of the CBP regulations (19 CFR 101.3), which contains
a list of Ports of Entry and Service Ports, contains an incomplete CBP
Decision number for the Port of Entry of Fargo, North Dakota. This
document amends Sec. 101.3 to include the correct reference to the
decision which established Fargo, North Dakota as a Port of Entry: CBP
Dec. No. 03-09, which was published in the Federal Register (68 FR
42587) on July 18, 2003.
Part 103
Section 103.31 of the CBP regulations (19 CFR 103.31) contains an
outdated reference to the CBP Data Center. This document amends Sec.
103.31(e)(2) to include the correct reference to the CBP Technology
Support Center, with the correct telephone number.
Part 118
Section 118.3 of the CBP regulations (19 CFR 118.3), regarding the
written agreements between CBP and Centralized Examination Station
(CES) operators, is being amended to comply with the McNamara-O'Hara
Service Contract Act of 1965 (SCA) (41 U.S.C. 351, et seq.). The SCA
applies to every contract entered into by the United States or the
District of Columbia in excess of $2,500, the principal purpose of
which is to furnish services to the United States through the use of
service employees. (41 U.S.C. 351(a)). The SCA applies to the written
agreement between CBP and the operator of a CES because this agreement
obligates the operator of a CES to perform the specific services listed
in Sec. 118.4 of the CBP regulations (19 CFR 118.4), and therefore the
principal purpose of the agreements is the furnishing of services
desired by the United States Government. Section 118.3 of the CBP
regulations (19 CFR 118.3) currently provides that the duration of
agreements with CES operators ``will not be less than three years nor
more than six years.'' The term ``six years'' is in conflict with Sec.
353(d) of SCA, which mandates that contracts to which the SCA applies
may not exceed five years. (41 U.S.C. 353(d)). Because the SCA requires
that such agreements cannot exceed a term of five years, CBP is
amending Sec. 118.3 to reflect the proper time frame. CBP will honor
existing agreements and will process future agreements with the revised
term limits upon the effective date of this rule. Section 118.3 is also
being amended in this document by replacing references to ``Customs''
with ``CBP''.
Part 122
Section 122.42(b)(2) of the CBP regulations (19 CFR 122.42(b)(2))
sets forth the requirement for aircraft making entry into the United
States at other than an international airport. As written, Sec.
122.42(b)(2) makes a reference to Sec. 122.34, which no longer exists.
Section 122.34 was redesignated as Sec. 122.14 by a final rule
published as Treasury Decision (T.D.) 92-90 in the Federal Register (57
FR 43395) on September 21, 1992.
Although T.D. 92-90 also amended Sec. 122.33(a)(2) to change a
reference to Sec. 122.34 with Sec. 122.14 to reflect the above
redesignation, T.D. 92-90 failed to amend 122.42(b)(2) as well to
reflect the change. Additionally, Sec. 122.42(b)(2) should include a
reference to the section in the regulations on user fee airports (Sec.
122.15) because Sec. 122.42(b)(2) references airports other than
international airports; and user fee airports are not international
airports. Accordingly, this document amends Sec. 122.42(b)(2) of the
CBP regulations by replacing the reference to Sec. 122.34 with Sec.
122.14 and by adding a reference to Sec. 122.15.
Part 141
Section 141.4 of the CBP regulations (19 CFR 141.4) sets forth
exceptions to the requirement that imported merchandise must be
entered. There is an incorrect reference in Sec. 141.4(c) to ``General
Note 19(e)'' which should reference ``General Note 3(e).'' General Note
(GN) 19(e) was transferred to GN 3(e) pursuant to the implementation of
the 2003 Singapore Free Trade Agreement (SFTA). This document amends
Sec. 141.4(c) to reflect the correct reference to General Note 3(e).
Part 146
Section 146.35 of the CBP regulations (19 CFR 146.35) pertains to
the procedures for the temporary deposit of merchandise in a foreign
trade zone (FTZ). Pursuant to section 146.35, CBP allows the temporary
unlading of merchandise in an FTZ where the information or
documentation necessary to complete CBP Form 214 (``Application for
Foreign Trade Zone Admission and/or Status Designation'') is not
available at the time the merchandise arrives within the jurisdiction
of the port. As currently written, Sec. 146.35(e) requires that CBP
Form 214 be submitted within five working days and allows the port
director to grant an extension of this time period.
Sections 656 and 658 of the Customs Modernization Act provisions of
the North American Free Trade Agreement Implementation Act (Pub. L.
103-182, 107 Stat. 2057, Dec. 8, 1993) gave the Secretary of the
Treasury the authority to prescribe the time by which CBP is to be
notified of unladen merchandise for which entry has not been made. On
September 25, 1998, CBP published in the Federal Register (63 FR
51283), Treasury Decision (T.D.) 98-74, amending Sec. Sec. 4.37,
122.50, and 123.10, to require a carrier's obligated party to notify
CBP within fifteen calendar days after unlading of the presence of
unladen, unentered merchandise. On February 11, 1999, CBP published in
the Federal Register (64 FR 6801) a correction to T.D. 98-74 noting
that it had inadvertently omitted Sec. 146.40(c)(3) (19 CFR
146.40(c)(3)) concerning the time period that merchandise be
[[Page 52449]]
admitted to an FTZ after arrival into the port from within five working
days to fifteen calendar days, when it changed the regulations to
reflect a fifteen calendar day period for unladen merchandise to be
entered into general order. It has now come to CBP's attention that it
also inadvertently omitted Sec. 146.35(e) when it was changing the
time frame for merchandise to be admitted into a zone. This document
changes the time required to file CBP Form 214 from five working days
to fifteen calendar days and eliminates the port director's discretion
to grant an extension to make this provision consistent with the
previous regulatory changes. Accordingly, the document amends Sec.
146.35(e) to be consistent with the terms of Sec. Sec. 4.37, 122.50,
123.10, and 146.40(c)(3) requiring the CBP Form 214 to be filed within
the same time period.
Part 159
Section 159.11(b) of the CBP regulations (19 CFR 159.11(b)) sets
forth the applicability of the provisions concerning the statutory time
frame limit of one year for the liquidation of entries but excluded
drawback entries in pending drawback claims from this time frame.
However, section 1563(e) of the Miscellaneous Trade and Technical
Corrections Act of 2004 (Pub. L. 108-429, 118 Stat. 2434, Dec. 3, 2004)
amended 19 U.S.C. 1504 to include the applicability of the one year
deadline to the liquidation of drawback entries or claims for drawback.
Congress made this correction because it found that without a time
limitation, CBP was not liquidating drawback claims within a reasonable
period of time and therefore, this resulted in an open-ended time
period that a drawback claimant's claim remained subject to a challenge
by CBP. By including drawback claims within the one year statutory time
frame that applies to liquidation of entries, Congress removed the
contingent liability of the drawback claimant having to reimburse the
U.S. Treasury of any drawback monies paid to the claimant from when the
claim was actually filed and money was paid to the drawback claimant
under the accelerated drawback program until the claim liquidated. See
Senate Report No. 108-28, at 114 (Mar. 20, 2003).
Accordingly, this document amends Sec. 159.11(b) by removing the
language that excluded drawback entries from falling under the
statutory liquidation time limit of one year.
Part 162
Section 162.23 of the CBP regulations (19 CFR 162.23) pertains to
seizures effectuated under section 596(c), Tariff Act of 1930, as
amended (19 U.S.C. 1595a(c)) (Act). The Act was amended by Pub. L. 109-
177, Title III, Sec. 311(d), 120 Stat. 192 (March 9, 2006), which
added a new paragraph (d) that subjects merchandise exported contrary
to law, proceeds thereof, and facilitating property to seizure and
forfeiture. Accordingly, this document amends Sec. 162.23 to conform
the regulation to the Act. Section 162.23 is also being updated in this
document by replacing references to ``Customs'' with ``CBP''.
Part 192
Section 192.14(d) of the CBP regulations (19 CFR 192.14(d)), which
pertains to the electronic information that is required in advance of
departure for outward cargo, contains an outdated reference to the
exemptions from reporting requirements for export cargo located in
title 15 of the CFR. On June 2, 2008, the Bureau of the Census
announced amendments to its regulations to implement provisions in the
Foreign Relations Authorization Act, which went into effect on
September 30, 2008 (see 73 FR 31548). Since the implementation of these
amendments, the citation in Sec. 192.14(d) of the CBP regulations to
the exemptions from reporting requirements contained in the Bureau of
the Census' regulations are incorrect. Accordingly, this document
amends Sec. 192.14(d) by removing the incorrect reference to 15 CFR
30.50 through 30.58, which now pertain to import requirements, and
adding the correct renumbered citation to the Census regulations,
namely, 15 CFR 30.35 through 30.40.
Inapplicability of Notice and Delayed Effective Date
Because the technical corrections set forth in this document merely
conform to existing law and regulation, CBP finds that good cause
exists for dispensing with notice and public procedure as unnecessary
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C.
553(d)(3), CBP finds that good cause exists for dispensing with the
requirement for a delayed effective date.
Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Executive Order 12866
These amendments do not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
Signing Authority
This document is limited to technical corrections of the CBP
regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b)(1).
List of Subjects
19 CFR Part 4
Reporting and recordkeeping requirements.
19 CFR Part 10
Bonds, Customs duties and inspection, Entry, Reporting and
recordkeeping requirements.
19 CFR Part 12
Air pollution control, Bonds, Customs duties and inspection, Meats,
Pesticides, Reporting and recordkeeping requirements.
19 CFR Part 18
Bonds, Customs duties and inspection, Merchandise in transit,
Reporting and recordkeeping requirements, Transportation in bond.
19 CFR Part 101
Administrative practice and procedure, Customs duties and
inspection, Customs ports of entry, Customs service ports, Customs
management centers, Harbors, Organization and functions (Government
agencies), Reporting and recordkeeping requirements, User fee
facilities.
19 CFR Part 103
Administrative practice and procedure, Computer technology,
Confidential business information, Customs duties and inspection,
Freedom of information, Privacy, Reporting and recordkeeping
requirements.
19 CFR Part 118
Administrative practice and procedure, Customs duties and
inspection, Examination stations, Exports, Imports, Licensing,
Reporting and recordkeeping requirements.
19 CFR Part 122
Administrative practice and procedure, Customs duties and
inspection, Penalties, Reporting and recordkeeping requirements.
19 CFR Part 141
Customs duties and inspection, Reporting and recordkeeping
requirements.
[[Page 52450]]
19 CFR Part 146
Customs duties and inspections, Entry, Foreign trade zones,
Imports, Reporting and recordkeeping requirements.
19 CFR Part 159
Customs duties and inspections, Liquidation of entries for
merchandise.
19 CFR Part 162
Customs duties and inspection, Exports, Law enforcement, Prohibited
merchandise, Reporting and recordkeeping requirements, Restricted
merchandise, Seizures and forfeitures.
19 CFR Part 192
Customs duties and inspection, Exports, Reporting and recordkeeping
requirements.
Amendments to CBP Regulations
0
For the reasons set forth above, parts 4, 10, 12, 18, 101, 103, 118,
122, 141, 146, 159, 162, and 192 of the CBP regulations (19 CFR parts
4, 10, 12, 18, 101, 103, 118, 122, 141, 146, 159, 162, and 192) are
amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADE
0
1. The general authority citation for part 4 and the specific authority
citation for Sec. 4.12 continue to read as follows:
Authority: 5. U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 501, 60105.
* * * * *
Section 4.12 also issued under 19 U.S.C. 1584;
* * * * *
Sec. 4.12 [Amended]
0
2. Section 4.12 is amended by redesignating paragraph (a)(5)(a) as
paragraph (a)(5).
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
0
3. The general authority citation for part 10 is revised to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624, 3314.
* * * * *
Sec. 10.31 [Amended]
0
4. Sec. 10.31(g):
0
a. The words ``Customs custody'' are removed each place that they
appear and, in their place, is added the term ``CBP custody'';
0
b. The term ``520(c)(1)'' is removed and, in its place, is added the
term ``514(a)'';
0
c. The words ``the Customs Service'' are removed and, in their place,
is added the term ``CBP''; and
0
d. The words ``Customs territory'' is removed and, in their place, are
added the words ``customs territory''.
Sec. 10.36 [Amended]
0
5. In Sec. 10.36:
0
a. Paragraphs (a) and (c) are amended by removing the words ``Customs
invoice'' each place that they appear and adding in their place, the
term ``CBP invoice'';
0
b. Paragraph (b) is amended by removing the number ``9813.00.65'' and
adding, in its place, the number ``9817.00.98'';
0
c. Paragraph (b) is further amended by removing the words, ``U.S.
Customs Service'' and adding, in their place, the words, ``U.S. Customs
and Border Protection'';
0
d. Paragraphs (b) and (c) are amended by removing the words ``Customs
territory'' each place that they appear, and adding, in their place,
the words ``customs territory'';
0
e. Paragraphs (b) and (c) are further amended by removing the words
``Customs officers'' and adding, in their place, the words ``CBP
officers'', and
0
f. Paragraphs (b) and (c) are further amended by removing the words
``through Customs'' and adding, in their place, the words ``through
CBP''.
0
6. In Sec. 10.191:
0
a. Paragraph (b)(1) is amended by adding three new sentences at the end
of the paragraph;
0
b. Paragraph (b)(2)(iv) is amended by removing the words ``Harmonized
Tariff Schedule of the United States (HTSUS)'' and adding in their
place the term ``HTSUS''.
The revision reads as follows:
Sec. 10.191 General.
* * * * *
(b) * * *
(1) * * * See General Note 7(a), Harmonized Tariff Schedule of the
United States (HTSUS). For purposes of this paragraph, when the word
``former'' is used in conjunction with the term ``beneficiary
country'', it means a country that ceases to be designated as a
beneficiary country under the CBERA because the country has become a
party to a free trade agreement with the United States. See General
Note 7(b)(i)(C), HTSUS.
* * * * *
Sec. 10.195 [Amended]
0
7. Section 10.195(b) is amended:
0
a. By removing the words ``and U.S. Virgin Islands'' in the
introductory paragraph heading and adding in their place the words ``,
U.S. Virgin Islands, and former beneficiary countries''; and
0
b. In paragraph (b)(1) by removing from the end of the first sentence
the words ``and the U.S. Virgin Islands'' and adding in their place the
words ``, U.S. Virgin Islands, and any former beneficiary country'' and
in the middle of the second sentence by adding the words ``or any
former beneficiary country'' immediately after the word ``Islands''.
Sec. 10.411 [Amended]
0
8. Section 10.411(a)(2)(vi) is amended by removing the reference to
``paragraph (e)'' and adding in its place a reference to ``paragraph
(f)''.
Sec. 10.442 [Amended]
0
9. Section 10.442(d)(1) is amended by removing the words ``initiation
of''.
Sec. 10.470 [Amended]
0
10. The introductory text of Sec. 10.470(a) is amended by adding a
reference to ``or Sec. 10.442'' immediately following the reference to
``Sec. 10.410''.
Sec. 10.809 [Amended]
0
11-13. Section 10.809 is amended:
0
a. In paragraph (d)(7) by removing the reference to ``paragraph
(d)(5)'' and adding in its place a reference to ``paragraph (d)(6)'';
and
0
b. In paragraph (n) by removing the words ``or packing or repacking''
and adding in their place the words ``and repacking and packaging''.
Sec. 10.811 [Amended]
0
14. Section 10.811(a)(1) is amended by adding the words ``or yarns''
immediately after the words ``all such fibers''.
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
15. The general authority citation for part 12 is revised to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Sec. 12.1 [Amended]
0
16. Section 12.1(a) is amended by removing the words ``and cosmetics''
and adding in their place the words ``cosmetics, and tobacco
products''.
[[Page 52451]]
Sec. 12.3 [Amended]
0
17. Section 12.3(a) is amended by adding the words ``tobacco product,''
immediately after the word ``cosmetic,''.
0
18. In Sec. 12.8(a) is amended by:
0
a. Revising the first sentence;
0
b. Paragraph (a) is further amended in the third sentence by removing
from the third sentence the words ``Such meat, meat-food products,
horse meat and horse meat food products shall'' and adding, in their
place, the words ``Such meat and meat-food products will''; and
0
c. Removing the word ``Customs'' each time that it appears and adding,
in its place, the term ``CBP''.
The revision reads as follows:
Sec. 12.8 Inspection; bond; release.
(a) All imported meat and meat-food products offered for entry into
the United States are subject to the regulations prescribed by the
Secretary of Agriculture under the Animal Health Protection Act. (7
U.S.C. 8301, et seq.). * * *
* * * * *
0
19. In Sec. 12.74:
0
a. The section heading is revised.
0
b. Paragraph (a) is revised.
0
c. Paragraph (b)(1) is revised.
0
d. Paragraph (b)(2) is amended by removing the words ``a period of at
least 5'' and adding, in their place, the words ``at least five'', and
by removing the word ``Customs'' each time that it appears and adding
in its place the term ``CBP'';
0
e. Paragraph (c)(1) is amended by removing the phrase ``paragraphs
(c)(3)(i) through (c)(3)(iv)'' and adding, in its place, the phrase
``paragraph (c)(3)'';
0
f. Paragraph (c)(2) is amended, in the first sentence, by removing the
phrase ``paragraphs (c)(3)(i) through (c)(3)(iv)'' and adding, in its
place, the phrase ``paragraph (c)(3)'', by removing the number ``5''
and adding in its place the word ``five'', by removing the word
``Customs'' each time that it appears and adding in its place the term
``CBP''; and, in the last sentence, by removing the terms ``89.612-
96(d), 90.613(c) & (d), 91.705(c) & (d)'' and adding, in their place,
the terms ``89.612(d), 90.613(c) and (d), 94.805(c) and (d), and
1068.335'';
0
g. Paragraph (c)(3)(i) is amended by removing the terms ``89.611-
96(b)(1), 90.612(b)(1), 91.704(b)(1));'' and adding, in their place,
the terms ``89.611(b)(1), 90.612(b)(1), 94.804(b)(1), 1068.325(a)).'';
0
h. Paragraph (c)(3)(ii) is amended by removing the terms ``89.611-
96(b)(2), 90.612(b)(2), 91.704(b)(2));'' and adding, in their place,
the terms ``89.611(b)(2), 90.612(b)(2), 94.804(b)(2), 1068.325(b)).'';
0
i. By revising paragraph (c)(3)(iii);
0
j. By revising paragraph (c)(3)(iv);
0
k. Paragraph (d) is amended by removing the term ``Customs'' and
adding, in its place, the term ``CBP'';
0
l. Paragraph (e) is amended in the first sentence by adding the words
``or stationary'' after the word ``nonroad'', and by removing the term
``Customs'' and adding, in its place, the term ``CBP'', and in the
second sentence by adding the words ``or stationary'' after the word
``nonroad'', and by removing the word ``otherwise'' and adding, in its
place, the word ``other''.
The revisions read as follows:
Sec. 12.74 Nonroad and stationary engine compliance with Federal
antipollution emission requirements.
(a) Applicability of EPA regulations. The requirements governing
the importation of nonroad and stationary engines subject to
conformance with applicable emissions standards of the U.S.
Environmental Protection Agency (EPA) are contained in EPA regulations,
issued under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
These EPA regulations should be consulted for detailed information as
to the admission requirements for subject nonroad and stationary
engines. See 40 CFR part 1068, subpart D, with the following
exceptions:
(1) For nonroad compression-ignition regulated under 40 CFR part
89, see 40 CFR part 89, subpart G. This applies to certain engines
through the 2011 model year.
(2) For nonroad spark-ignition engines at or below 19 kilowatts
regulated under 40 CFR part 90, see 40 CFR part 90, subpart G. This
applies to certain engines through the 2011 model year.
(3) For marine compression-ignition engines regulated under 40 CFR
part 94, see 40 CFR part 94, subpart I. This includes propulsion
engines and auxiliary engines installed on marine vessels. This applies
to certain engines through the 2013 model year.
(b) Admission of nonconforming nonroad engines. (1) EPA declaration
form required. EPA Form 3520-21, ``Importation of Engines, Vehicles,
and Equipment Subject to Federal Air Pollution Regulations'', must be
completed by the importer and retained on file by him before making a
customs entry for such nonroad or stationary engines/vehicles/
equipment.
* * * * *
(c) * * *
(3) * * *
(iii) Display (see 40 CFR 89.611(b)(4), 90.612(b)(3), 94.804(b)(4),
1068.325(c)).
(iv) Precertification (see 40 CFR 89.611(b)(3)).
* * * * *
Sec. 12.112 [Amended]
0
20. Section 12.112(b) is amended by removing the words ``Abbreviated
List of Pesticides compiled by the Environmental Protection Agency''
and adding, in their place, the words ``Index of Pesticide Products
located in the Environmental Protection Agency's handbook entitled
Recognition and Management of Pesticide Poisonings, found at http://www.epa.gov''.
Sec. 12.123 [Amended]
0
21. Section 12.123(b) is amended by:
0
a. Removing the words ``Customs Form 7551, 7553, or 7595'' and adding,
in their place, the words ``CBP Form 301, containing the conditions set
forth in Sec. 113.62 of this chapter'';
0
b. Removing the third sentence; and
0
c. Removing the word ``Customs'' and adding, in its place, the term
``CBP''.
PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT
0
22. The general authority citation for part 18 and the specific
authority for Sec. 18.11 is revised to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1551, 1552, 1553,
1623, 1624.
* * * * *
Section 18.11 also issued under 19 U.S.C. 1484;
* * * * *
Sec. 18.11 [Amended]
0
23. In Sec. 18.11, paragraph (e) is amended by:
0
a. Removing from the first sentence the word ``of'' and adding in its
place the word ``or''; and
0
b. Removing from the first and third sentences the word ``shall'' and
adding in its place the word ``must''.
PART 101--GENERAL PROVISIONS
0
24. The general authority citation for part 101 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States (HTSUS)),
1623, 1624, 1646a.
Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b.
* * * * *
Sec. 101.3 [Amended]
0
25. In Sec. 101.3(b)(1), the table of the list of Customs ports of
entry is amended in the entry for Fargo, North Dakota, in the
[[Page 52452]]
column headed ``Limits of port'', by adding the numbers ``09'' after
the phrase ``CBP Dec. 03-''.
PART 103--AVAILABILITY OF INFORMATION
0
26. The general authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31
U.S.C. 9701.
* * * * *
Sec. 103.31 [Amended]
0
27. In Sec. 103.31, paragraph (e)(2) is amended by:
0
a. Removing the phrase ``CBP Data Center'' each time that it appears
and adding, in its place, the term ``CBP Technology Support Center'';
and
0
b. Removing from the last sentence the phrase ``CBP Data Center, on
(703) 921-6000'', and adding, in its place, the phrase ``CBP Technology
Support Center at 1-800-927-8729.''
PART 118--CENTRALIZED EXAMINATION STATIONS
0
28. The general authority citation for part 118 continues to read as
follows:
Authority: 19 U.S.C. 66, 1499, 1623, 1624; 22 U.S.C. 401; 31
U.S.C. 5317.
* * * * *
Sec. 118.3 [Amended]
0
29. In Sec. 118.3:
0
a. The word ``six'' is removed from the fourth sentence and, in its
place, is added the word ``five''; and
0
b. The word ``Customs'' is removed and, in its place, is added the term
``CBP'' each place it occurs.
PART 122--AIR COMMERCE REGULATIONS
0
30. 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, 2071 note.
* * * * *
Sec. 122.42 [Amended]
0
31. Section 122.42(b)(2) is amended by removing the reference to
``122.34'' and adding in its place a reference to ``122.14, 122.15,''.
PART 141--ENTRY OF MERCHANDISE
0
32. The general authority citation for part 141, CBP regulations,
continues to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
Sec. 141.4 [Amended]
0
33. The introductory text to Sec. 141.4(c) is amended by removing the
reference to ``19(e)'' and adding in its place a reference to ``3(e)''.
Sec. 141.113 [Amended]
0
34. In Sec. 141.113:
0
a. Paragraph (c) introductory text is amended by removing the words
``and cosmetics'' in the paragraph heading and adding in their place
the words ``cosmetics, and tobacco products''.
0
b. Paragraph (c)(1) introductory text is amended by removing the words
``or cosmetic'' in the first sentence and adding in their place the
words, ``cosmetic, or tobacco product''.
0
c. Paragraph (c)(3) is amended by removing the words ``device or
cosmetic'' in the first sentence and adding in their place the words,
``device, cosmetic, or tobacco product''.
PART 146--FOREIGN TRADE ZONES
0
35. The authority citation for part 146 continues to read as follows:
Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1623, 1624.
0
36. In Sec. 146.35, paragraph (e) is revised to read as follows:
Sec. 146.35 Temporary deposit in a zone; incomplete documentation.
* * * * *
(e) Submission of CBP Form 214. A complete and accurate CBP Form
214 must be submitted, as provided in Sec. 146.32, within 15 calendar
days with no exceptions granted by the port director, or the
merchandise will be placed in general order.
PART 159--LIQUIDATION OF DUTIES
0
37. The general authority citation for part 159 continues to read as
follows:
Authority: 19 U.S.C. 66, 1500, 1504, 1624.
* * * * *
Sec. 159.11 [Amended]
0
38. Section 159.11(b) is amended at the end of the paragraph by
removing the words ``, but shall not apply to drawback entries''.
PART 162--INSPECTION, SEARCH, AND SEIZURE
0
39. The general authority citation for part 162 and the specific
authority for Sec. 162.23 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624, 6
U.S.C. 101, 8 U.S.C. 1324(b).
* * * * *
Section 162.23 also issued under 19 U.S.C. 1595a(c).
* * * * *
0
40. In Sec. 162.23:
0
a. Paragraphs (c) and (e) are amended by removing the word ``Customs''
and adding, in its place, the term ``CBP''; and
0
b. A new paragraph (f) is added.
The addition reads as follows:
Sec. 162.23 Seizure under section 596(c), Tariff Act of 1930, as
amended (19 U.S.C. 1595a(c)).
* * * * *
(f) Exportations contrary to law. Merchandise exported or sent, or
attempted to be exported or sent, from the United States contrary to
law, or the proceeds or value thereof, and property used to facilitate
the exporting or sending, or attempted exporting or sending, of such
merchandise, will be seized and subject to forfeiture. In addition, the
receipt, purchase, transportation, concealment or sale of such
merchandise prior to exportation will result in its seizure and
forfeiture to the United States.
PART 192--EXPORT CONTROL
0
41. The general authority citation for part 192 continues to read as
follows:
Authority: 19 U.S.C. 66, 1624, 1646c. Subpart A also issued
under 19 U.S.C. 1627a, 1646a, 1646b; subpart B also issued under 13
U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91.
* * * * *
Sec. 192.14 [Amended]
0
42. In Sec. 192.14, paragraph (d) is amended by:
0
a. Removing the phrase ``Sec. Sec. 30.50 through 30.58'' and adding in
its place the phrase ``Sec. Sec. 30.35 through 30.40''; and
0
b. Removing the phrase ``(15 CFR 30.50 through 30.58)'' and adding in
its place the phrase ``(15 CFR 30.35 through 30.40)''.
Dated: August 23, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-21253 Filed 8-25-10; 8:45 am]
BILLING CODE 9111-14-P