Federal Register, Volume 76 Issue 4 (Thursday, January 6, 2011)

[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Rules and Regulations]
[Pages 697-708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33350]

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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Rules
and Regulations

[[Page 697]]

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10, 24, 162, 163, and 178

[USCBP-2010-0041; CBP Dec. 11-01]
RIN 1515-AD68

United States--Oman Free Trade Agreement

AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.

ACTION: Interim regulations; solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: This document amends the U.S. Customs and Border Protection
(``CBP'') regulations on an interim basis to implement the preferential
tariff treatment and other customs-related provisions of the United
States--Oman Free Trade Agreement entered into by the United States and
the Sultanate of Oman.

DATES: Interim rule effective January 6, 2011; comments must be
received by March 7, 2011.

ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2010-0041.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, Office of International Trade, U.S. Customs and Border
Protection, 799 9th Street, NW., 5th Floor, Washington, DC 20229-1179.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, Office of International Trade, U.S. Customs
and Border Protection, 799 9th Street, NW., (5th Floor), Washington,
DC. Arrangements to inspect submitted comments should be made in
advance by calling Mr. Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects: Robert
Abels, Office of International Trade, (202) 863-6503. Other Operational
Aspects: Seth Mazze, Office of International Trade, (202) 863-6567.
Audit Aspects: Deaune Volk, Office of International Trade, (202) 863-
6575. Legal Aspects: Elif Eroglu, Office of International Trade, (202)
325-0277.

SUPPLEMENTARY INFORMATION:

Public Participation

Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
interim rule. CBP also invites comments that relate to the economic,
environmental, or federalism effects that might result from this
interim rule. Comments that will provide the most assistance to CBP
will reference a specific portion of the interim rule, explain the
reason for any recommended change, and include data, information, or
authority that support such recommended change. See ADDRESSES above for
information on how to submit comments.

Background

On January 19, 2006, the United States and the Sultanate of Oman
(the ``Parties'') entered into the U.S.--Oman Free Trade Agreement
(``OFTA'' or ``Agreement''). The stated objectives of the OFTA include
creating new employment opportunities and raising the standard of
living for the citizens of the Parties by liberalizing and expanding
trade between them; enhancing the competitiveness of the enterprises of
the Parties in global markets; establishing clear and mutually
advantageous rules governing trade between the Parties; eliminating
bribery and corruption in international trade and investment; fostering
creativity and innovation by improving technology and enhancing the
protection and enforcement of intellectual property rights;
strengthening the development and enforcement of labor and
environmental laws and policies; and establishing an expanded free
trade area in the Middle East, thereby contributing to economic
liberalization and development in the region.
The provisions of the OFTA were adopted by the United States with
the enactment of the United States--Oman Free Trade Agreement
Implementation Act (the ``Act''), Public Law 109-283, 120 Stat. 1191
(19 U.S.C. 3805 note), on September 26, 2006. Section 206 of the Act
requires that regulations be prescribed as necessary (following
implementation of the OFTA by presidential proclamation).
On December 29, 2008, President Bush signed Proclamation 8332 to
implement the provisions of the OFTA. The proclamation, which was
published in the Federal Register on December 31, 2008 (73 FR 80289),
modified the Harmonized Tariff Schedule of the United States
(``HTSUS'') as set forth in Annexes I and II of Publication 4050 of the
U.S. International Trade Commission. The modifications to the HTSUS
included the addition of new General Note 31, incorporating the
relevant OFTA rules of origin as set forth in the Act, and the
insertion throughout the HTSUS of the preferential duty rates
applicable to individual products under the OFTA where the special
program indicator ``OM'' appears in parenthesis in the ``Special'' rate
of duty subcolumn. The modifications to the HTSUS also included a new
Subchapter XVI to Chapter 99 to provide for temporary tariff rate
quotas and applicable safeguards implemented by the OFTA.
U.S. Customs and Border Protection (``CBP'') is responsible for
administering the provisions of the OFTA and the Act that relate to the
importation of goods into the United States from Oman.

[[Page 698]]

Those customs-related OFTA provisions that require implementation
through regulation include certain tariff and non-tariff provisions
within Chapter One (Establishment of Free Trade Area and Definitions),
Chapter Two (Market Access), Chapter Three (Textiles and Apparel),
Chapter Four (Rules of Origin), and Chapter Five (Customs
Administration).
These implementing regulations incorporate certain general
definitions set forth in Article 1.3 of the OFTA. These regulations
also implement Article 2.6 (Goods Re-entered after Repair or
Alteration) of the OFTA.
Chapter Three of the OFTA sets forth the measures relating to trade
in textile and apparel goods between Oman and the United States under
the OFTA. The provisions within Chapter Three that require regulatory
action by CBP are Article 3.2 (Rules of Origin and Related Matters),
Article 3.3 (Customs Cooperation for Textile and Apparel Goods), and
Article 3.5 (Definitions).
Chapter Four of the OFTA sets forth the rules for determining
whether an imported good qualifies as an originating good of the United
States or Oman (OFTA Party) and, as such, is therefore eligible for
preferential tariff (duty-free or reduced duty) treatment as specified
in the Agreement. Under Article 4.1, originating goods may be grouped
in three broad categories: (1) Goods that are wholly the growth,
product, or manufacture of one or both of the Parties; (2) goods (other
than those covered by the product-specific rules set forth in Annex 3-A
or Annex 4-A) that are new or different articles of commerce that have
been grown, produced, or manufactured in the territory of one or both
of the Parties, and that have a minimum value-content, i.e., at least
35 percent of the good's appraised value must be attributed to the cost
or value of materials produced in one or both of the Parties plus the
direct costs of processing operations performed in one or both of the
Parties; and (3) goods that satisfy the product-specific rules set
forth in Annex 3-A (textile or apparel goods) or Annex 4-A (certain
non-textile or non-apparel goods).
Article 4.2 explains that the term ``new or different article of
commerce'' means a good that has been substantially transformed from a
good or material that is not wholly the growth, product, or manufacture
of one or both of the Parties and that has a new name, character, or
use distinct from the good or material from which it was transformed.
Article 4.3 provides that a good will not be considered to be a new or
different article of commerce as the result of undergoing simple
combining or packaging operations, or mere dilution with water or
another substance that does not materially alter the characteristics of
the good.
Article 4.4 provides for the accumulation of production in the
territory of one or both of the Parties in determining whether a good
qualifies as originating under the OFTA. Articles 4.5 and 4.6 set forth
the rules for calculating the value of materials and the direct costs
of processing operations, respectively, for purposes of determining
whether a good satisfies the 35 percent value-content requirement.
Articles 4.7 through 4.9 consist of additional sub-rules applicable
to originating goods, involving packaging and packing materials and
containers for retail sale and for shipment, indirect materials, and
transit and transshipment. In addition, Articles 4.10 and 4.11 set
forth the procedural requirements that apply under the OFTA, in
particular with regard to importer claims for preferential tariff
treatment. Article 4.14 provides definitions of certain terms used in
Chapter Four of the OFTA. The basic rules of origin in Chapter Four of
the OFTA are set forth in General Note 31, HTSUS.
Chapter Five sets forth the customs operational provisions related
to the implementation and administration of the OFTA.
In order to provide transparency and facilitate their use, the
majority of the OFTA implementing regulations set forth in this
document have been included within new Subpart P in Part 10 of the CBP
regulations (19 CFR Part 10). However, in those cases in which OFTA
implementation is more appropriate in the context of an existing
regulatory provision, the OFTA regulatory text has been incorporated in
an existing Part within the CBP regulations. In addition, this document
sets forth several cross-references and other consequential changes to
existing regulatory provisions to clarify the relationship between
those existing provisions and the new OFTA implementing regulations.
The regulatory changes are discussed below in the order in which they
appear in this document.

Discussion of Amendments

Part 10

Section 10.31(f) concerns temporary importations under bond. It is
amended by adding references to certain goods originating in Oman for
which, like goods originating in Canada, Mexico, Singapore, Chile,
Morocco, El Salvador, Guatemala, Honduras, Nicaragua, the Dominican
Republic, Costa Rica, or Bahrain, no bond or other security will be
required when imported temporarily for prescribed uses. The provisions
of OFTA Article 2.5 (temporary admission of goods) are already
reflected in existing temporary importation bond or other provisions
contained in Part 10 of the CBP regulations and in Chapter 98 of the
HTSUS.

Part 10, Subpart P

General Provisions
Section 10.861 outlines the scope of new Subpart P, Part 10. This
section also clarifies that, except where the context otherwise
requires, the requirements contained in Subpart P, Part 10 are in
addition to general administrative and enforcement provisions set forth
elsewhere in the CBP regulations. Thus, for example, the specific
merchandise entry requirements contained in Subpart P, Part 10 are in
addition to the basic entry requirements contained in Parts 141-143 of
the CBP regulations.
Section 10.862 sets forth definitions of common terms used in
multiple contexts or places within Subpart P, Part 10. Although the
majority of the definitions in this section are based on definitions
contained in Article 1.3 of the OFTA and section 3 of the Act, other
definitions have also been included to clarify the application of the
regulatory texts. Additional definitions which apply in a more limited
Subpart P, Part 10 context are set forth elsewhere with the substantive
provisions to which they relate.
Import Requirements
Section 10.863 sets forth the procedure for claiming OFTA tariff
benefits at the time of entry.
Section 10.864, as provided in OFTA Article 4.10(b), requires a
U.S. importer, upon request, to submit a declaration setting forth all
pertinent information concerning the growth, production, or manufacture
of the good. Included in Sec. 10.864 is a provision that the
declaration may be used either for a single importation or for multiple
importations of identical goods.
Section 10.865 sets forth certain importer obligations regarding
the truthfulness of information and documents submitted in support of a
claim for preferential tariff treatment under the OFTA. As provided in
OFTA Article 4.10(a), this section states that a U.S. importer who
makes a claim for preferential tariff treatment for a good is deemed to
have certified that the good qualifies for such treatment.

[[Page 699]]

Section 10.866 provides that the importer's declaration is not
required for certain non-commercial or low-value importations.
Section 10.867 implements the portion of OFTA Article 4.10
concerning the maintenance of records necessary for the preparation of
the declaration.
Section 10.868, which is based on OFTA Article 4.11.1, provides for
the denial of OFTA tariff benefits if the importer fails to comply with
any of the requirements of Subpart P, Part 10, CBP regulations.
Post-Importation Duty Refund Claims
Sections 10.869 through 10.871 implement OFTA Article 4.11.4, which
allows an importer, who did not claim OFTA tariff benefits on a
qualifying good at the time of importation, to make a claim for
preferential treatment and apply for a refund of any excess duties paid
no later than one year after the date of importation.
Rules of Origin
Sections 10.872 through 10.880 provide the implementing regulations
regarding the rules of origin provisions of General Note 31, HTSUS,
Article 3.2 and Chapter Four of the OFTA, and section 202 of the Act .
Definitions
Section 10.872 sets forth terms that are defined for purposes of
the rules of origin.
General Rules of Origin
Section 10.873 includes the basic rules of origin established in
Article 4.1 of the OFTA, section 202(b) of the Act, and General Note
31(b), HTSUS.
Paragraph (a) of Sec. 10.873 sets forth the three basic categories
of goods that are considered originating goods under the OFTA.
Paragraph (a)(1) of Sec. 10.873 specifies those goods that are
considered originating goods because they are wholly the growth,
product, or manufacture of one or both of the Parties. Paragraph (a)(2)
provides that goods are considered originating goods if they: (1) Are
new or different articles of commerce that have been grown, produced,
or manufactured in the territory of one or both of the Parties; (2) are
classified in HTSUS provisions that are not covered by the product-
specific rules set forth in General Note 31(h), HTSUS; and (3) meet a
35 percent domestic-content requirement. Finally, paragraph (a)(3)
states that goods are considered originating goods if: (1) They are
classified in HTSUS provisions that are covered by the product-specific
rules set forth in General Note 31(h), HTSUS; (2) each non-originating
material used in the production of the good in the territory of one or
both of the Parties undergoes an applicable change in tariff
classification or otherwise satisfies the requirements specified in
General Note 31(h), HTSUS; and (3) the goods meet any other
requirements specified in General Note 31, HTSUS.
Paragraph (b) of Sec. 10.873 sets forth the basic rules that apply
for purposes of determining whether a good satisfies the 35 percent
domestic-content requirement referred to in Sec. 10.873(a)(2).
Paragraph (c) of Sec. 10.873 implements Article 4.3 of the OFTA,
relating to the simple combining or packaging or mere dilution
exceptions to the ``new or different article of commerce'' requirement
of Sec. 10.873(a)(2). Since the language in Article 4.3 of the OFTA
(and section 202(i)(7)(B) of the Act) is nearly identical to the
language found in section 213(a)(2) of the Caribbean Basin Economic
Recovery Act (``CBERA'') (19 U.S.C. 2703(a)(2)), Sec. 10.873(c)
incorporates by reference the examples and principles set forth in
Sec. 10.195(a)(2) of CBP's implementing CBERA regulations.
Originating Textile or Apparel Goods
Section 10.874(a), as provided for in Article 3.2.6 of the OFTA,
sets forth a de minimis rule for certain textile or apparel goods that
may be considered to qualify as originating goods even though they fail
to satisfy the applicable change in tariff classification set out in
General Note 31(h). This paragraph also includes an exception to the de
minimis rule.
Section 10.874(b), which is based on Article 3.2.7 of the OFTA,
sets forth a special rule for textile or apparel goods classifiable
under General Rule of Interpretation 3, HTSUS, as goods put up in sets
for retail sale.
Accumulation
Section 10.875, which is derived from OFTA Article 4.4, sets forth
the rule by which originating goods or materials from the territory of
a Party that are used in the production of a good in the territory of
the other Party will be considered to originate in the territory of
such other Party. In addition, this section also establishes that a
good or material that is produced by one or more producers in the
territory of one or both of the Parties is an originating good or
material if the article satisfies all of the applicable requirements of
the rules of origin of the OFTA.
Value of Materials
Section 10.876 implements Article 4.5 of the OFTA, relating to the
calculation of the value of materials that may be applied toward
satisfaction of the 35 percent value-content requirement.
Direct Costs of Processing Operations
Section 10.877, which reflects Article 4.6 of the OFTA, sets forth
provisions regarding the calculation of direct costs of processing
operations for purposes of the 35 percent value-content requirement.
Packaging and Packing Materials and Containers for Retail Sale and for
Shipment
Section 10.878 is based on Article 4.7 of the OFTA and provides
that retail packaging materials and packing materials for shipment are
to be disregarded in determining whether a good qualifies as
originating under the OFTA, except that the value of such packaging and
packing materials may be included for purposes of meeting the 35
percent value-content requirement.
Indirect Materials
Section 10.879, which is derived from Article 4.8 of the OFTA,
provides that indirect materials will be disregarded in determining
whether a good qualifies as an originating good under the OFTA, except
that the cost of such indirect materials may be included toward
satisfying the 35 percent value-content requirement.
Imported Directly
Section 10.880(a) sets forth the basic rule, found in Article 4.1
of the OFTA, that a good must be imported directly from the territory
of a Party into the territory of the other Party to qualify as an
originating good under the OFTA. This paragraph further provides that,
as set forth in Article 4.9 of the OFTA, a good will not be considered
to be imported directly if, after exportation from the territory of a
Party, the good undergoes production, manufacturing, or any other
operation outside the territories of the Parties, other than certain
minor operations.
Paragraph (b) of Sec. 10.880 provides that an importer making a
claim for preferential tariff treatment under the OFTA may be required
to demonstrate, through the submission of documentary evidence, that
the ``imported directly'' requirement was satisfied.
Tariff Preference Level
Section 10.881 sets forth the procedures for claiming OFTA tariff
benefits for certain non-originating cotton or man-made fiber apparel
goods entitled to preference under an applicable tariff preference
level (``TPL'').

[[Page 700]]

Section 10.882, which is based on Article 3.2.8, describes the non-
originating cotton or man-made fiber apparel goods that are eligible
for TPL claims under the OFTA.
Section 10.884 reflects Article 3.2.11 of the OFTA. Paragraph (a)
of Sec. 10.884 provides that an importer claiming preferential
treatment on a non-originating cotton or man-made fiber apparel good
specified in Sec. 10.882 must submit, at the request of the port
director, a declaration setting forth all pertinent production
information. Paragraph (b) of Sec. 10.884 requires that an importer
must retain all records relied upon to prepare the declaration for a
period of five years.
Section 10.885 establishes that non-originating cotton or man-made
fiber apparel goods are entitled to preferential tariff treatment under
an applicable TPL only if they are imported directly from the territory
of a Party into the territory of the other Party.
Section 10.886 provides for the denial of a TPL claim if the
importer fails to comply with any applicable requirement under Subpart
P, Part 10, CBP regulations, including the failure to provide
documentation, when requested by CBP, establishing that the good was
imported directly from the territory of a Party into the territory of
the other Party.

Origin Verifications and Determinations

Sections 10.887 implements OFTA Article 4.11.2 by providing that a
claim for OFTA preferential tariff treatment, including any information
submitted in support of the claim, will be subject to such verification
as CBP deems necessary. This section further sets forth the
circumstances under which a claim may be denied based on the results of
the verification.
Section 10.888 implements OFTA Article 4.11.3 by providing that CBP
will issue a determination to the importer when CBP determines that a
claim for OFTA preferential tariff treatment should be denied based on
the results of a verification. This section also prescribes the
information required to be included in the determination.
Penalties
Section 10.889 concerns the general application of penalties to
OFTA transactions and is based on OFTA Article 5.9.
Goods Returned After Repair or Alteration
Section 10.890 implements OFTA Article 2.6 regarding duty treatment
of goods re-entered after repair or alteration in Oman.

Part 24

A paragraph is added to Sec. 24.23(c), which concerns the
merchandise processing fee (MPF) to implement section 203 of the Act,
providing that the MPF is not applicable to goods that qualify as
originating goods of Oman or the United States as provided for under
section 202 of the Act.

Part 162

Part 162 contains regulations regarding the inspection and
examination of, among other things, imported merchandise. A cross-
reference is added to Sec. 162.0, which is the scope section of the
part, to refer readers to the additional OFTA records maintenance and
examination provisions contained in new Subpart P, Part 10, CBP
regulations.

Part 163

A conforming amendment is made to Sec. 163.1 to include the
maintenance of any documentation that the importer may have in support
of a claim for preference under the OFTA as an activity for which
records must be maintained. Also, the list or records and information
required for the entry of merchandise appearing in the Appendix to Part
163 (commonly known as the (a)(1)(A) list)) is also amended to add the
OFTA records that the importer may have in support of an OFTA claim for
preferential tariff treatment.

Part 178

Part 178 sets forth the control numbers assigned to information
collections of CBP by the Office of Management and Budget, pursuant to
the Paperwork Reduction Act of 1995, Public Law 104-13. The list
contained in Sec. 178.2 is amended to add the information collections
used by CBP to determine eligibility for a tariff preference or other
rights or benefits under the OFTA and the Act.

Inapplicability of Notice and Delayed Effective Date Requirements

Under section 553 of the Administrative Procedure Act (``APA'') (5
U.S.C. 553), agencies amending their regulations generally are required
to publish a notice of proposed rulemaking in the Federal Register that
solicits public comment on the proposed amendments, consider public
comments in deciding on the final content of the final amendments, and
publish the final amendments at least 30 days prior to their effective
date. However, section 553(a)(1) of the APA provides that the standard
prior notice and comment procedures do not apply to an agency
rulemaking that involves the foreign affairs function of the United
States. CBP has determined that these interim regulations involve a
foreign affairs function of the United States, as they implement
preferential tariff treatment and related provisions of the OFTA.
Therefore, the rulemaking requirements under the APA do not apply and
this interim rule will be effective upon publication. However, CBP is
soliciting comments in this interim rule and will consider comments it
receives before issuing a final rule.

Executive Order 12866 and Regulatory Flexibility Act

CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 of September 30,
1993 (58 FR 51735, October 1993), because it pertains to a foreign
affairs function of the United States and implements an international
agreement, as described above, and therefore is specifically exempted
by section 3(d)(2) of Executive Order 12866. Because a notice of
proposed rulemaking is not required under section 553(b) of the APA for
the reasons described above, CBP notes that the provisions of the
Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.), do not
apply to this rulemaking. Accordingly, CBP also notes that this interim
rule is not subject to the regulatory analysis requirements or other
requirements of 5 U.S.C. 603 and 604.

Paperwork Reduction Act

The collections of information in these regulations are under
review by the Office of Management and Budget in accordance with the
requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under
control number 1651-0117. Under the Paperwork Reduction Act, an agency
may not conduct or sponsor, and an individual is not required to
respond to, a collection of information unless it displays a valid OMB
control number.
The collections of information in these regulations are in
Sec. Sec. 10.863, 10.864, 10.881, and 10.884. This information is
required in connection with claims for preferential tariff treatment
and for the purpose of the exercise of other rights under the OFTA and
the Act and will be used by CBP to determine eligibility for a tariff
preference or other rights or benefits under the OFTA and the Act. The
likely respondents are business organizations including importers,
exporters and manufacturers.

[[Page 701]]

Estimated total annual reporting burden: 20 hours.
Estimated average annual burden per respondent: 12 minutes.
Estimated number of respondents: 100.
Estimated annual frequency of responses: 1.
Comments concerning the collections of information and the accuracy
of the estimated annual burden, and suggestions for reducing that
burden, should be directed to the Office of Management and Budget,
Attention: Desk Officer for the Department of the Treasury, Office of
Information and Regulatory Affairs, Washington, DC 20503. A copy should
also be sent to the Trade and Commercial Regulations Branch,
Regulations and Rulings, U.S. Customs and Border Protection, 799 9th
Street, NW., 5th Floor, Washington, DC 20229-1179.

Signing Authority

This document is being issued in accordance with Sec. 0.1(a)(1) of
the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of
the Secretary of the Treasury (or his/her delegate) to approve
regulations related to certain customs revenue functions.

List of Subjects

19 CFR Part 10

Alterations, Bonds, Customs duties and inspection, Exports,
Imports, Preference programs, Repairs, Reporting and recordkeeping
requirements, Trade agreements.

19 CFR Part 24

Financial and accounting procedures.

19 CFR Part 162

Administrative practice and procedure, Customs duties and
inspection, Penalties, Trade agreements.

19 CFR Part 163

Administrative practice and procedure, Customs duties and
inspection, Export, Import, Reporting and recordkeeping requirements,
Trade agreements.

19 CFR Part 178

Administrative practice and procedure, Exports, Imports, Reporting
and recordkeeping requirements.

Amendments to the CBP Regulations

0
Accordingly, chapter I of title 19, Code of Federal Regulations (19 CFR
chapter I), is amended as set forth below.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.

0
1. The general authority citation for Part 10 continues to read, and
the specific authority for new Subpart P is added to read as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
* * * * *
Sections 10.861 through 10.890 also issued under 19 U.S.C. 1202
(General Note 31, HTSUS) and Pub. L. 109-283, 120 Stat. 1191 (19
U.S.C. 3805 note).

0
2. In Sec. 10.31, paragraph (f), the last sentence is revised to read
as follows:

Sec. 10.31 Entry; bond.

* * * * *
(f) * * * In addition, notwithstanding any other provision of this
paragraph, in the case of professional equipment necessary for carrying
out the business activity, trade or profession of a business person,
equipment for the press or for sound or television broadcasting,
cinematographic equipment, articles imported for sports purposes and
articles intended for display or demonstration, if brought into the
United States by a resident of Canada, Mexico, Singapore, Chile,
Morocco, El Salvador, Guatemala, Honduras, Nicaragua, the Dominican
Republic, Costa Rica, Bahrain, or Oman and entered under Chapter 98,
Subchapter XIII, HTSUS, no bond or other security will be required if
the entered article is a good originating, within the meaning of
General Notes 12, 25, 26, 27, 29, 30, and 31, HTSUS, in the country of
which the importer is a resident.
* * * * *

0
3. Add Subpart P to read as follows:
Subpart P--United States-Oman Free Trade Agreement
Sec.

General Provisions

10.861 Scope.
10.862 General definitions.

Import Requirements

10.863 Filing of claim for preferential tariff treatment upon
importation.
10.864 Declaration.
10.865 Importer obligations.
10.866 Declaration not required.
10.867 Maintenance of records.
10.868 Effect of noncompliance; failure to provide documentation
regarding transshipment.

Post-Importation Duty Refund Claims

10.869 Right to make post-importation claim and refund duties.
10.870 Filing procedures.
10.871 CBP processing procedures.

Rules of Origin

10.872 Definitions.
10.873 Originating goods.
10.874 Textile or apparel goods.
10.875 Accumulation.
10.876 Value of materials.
10.877 Direct costs of processing operations.
10.878 Packaging and packing materials and containers for retail
sale and for shipment.
10.879 Indirect materials.
10.880 Imported directly.

Tariff Preference Level

10.881 Filing of claim for tariff preference level.
10.882 Goods eligible for tariff preference claims.
10.883 [Reserved]
10.884 Declaration.
10.885 Transshipment of non-originating apparel goods.
10.886 Effect of non-compliance; failure to provide documentation
regarding transshipment of non-originating apparel goods.

Origin Verifications and Determinations

10.887 Verification and justification of claim for preferential
treatment.
10.888 Issuance of negative origin determinations.

Penalties

10.889 Violations relating to the OFTA.

Goods Returned After Repair or Alteration

10.890 Goods re-entered after repair or alteration in Oman.

Subpart P--United States-Oman Free Trade Agreement

General Provisions

Sec. 10.861 Scope.

This subpart implements the duty preference and related customs
provisions applicable to imported goods under the United States-Oman
Free Trade Agreement (the OFTA) signed on January 19, 2006, and under
the United States-Oman Free Trade Agreement Implementation Act (the
Act; 120 Stat. 1191). Except as otherwise specified in this subpart,
the procedures and other requirements set forth in this subpart are in
addition to the customs procedures and requirements of general
application contained elsewhere in this chapter. Additional provisions
implementing certain aspects of the OFTA and the Act are contained in
Parts 24, 162, and 163 of this chapter.

Sec. 10.862 General definitions.

As used in this subpart, the following terms will have the meanings
indicated unless either the context in which they are used requires a
different meaning or

[[Page 702]]

a different definition is prescribed for a particular section of this
subpart:
(a) Claim for preferential tariff treatment. ``Claim for
preferential tariff treatment'' means a claim that a good is entitled
to the duty rate applicable under the OFTA to an originating good or
other good specified in the OFTA, and to an exemption from the
merchandise processing fee;
(b) Customs duty. ``Customs duty'' includes any customs or import
duty and a charge of any kind imposed in connection with the
importation of a good, including any form of surtax or surcharge in
connection with such importation, but does not include any:
(1) Charge equivalent to an internal tax imposed consistently with
Article III:2 of the GATT 1994, in respect of like, directly
competitive, or substitutable goods of the Party, or in respect of
goods from which the imported good has been manufactured or produced in
whole or in part;
(2) Antidumping or countervailing duty; and
(3) Fee or other charge in connection with importation;
(c) Days. ``Days'' means calendar days;
(d) Enterprise. ``Enterprise'' means any entity constituted or
organized under applicable law, whether or not for profit, and whether
privately-owned or governmentally-owned or controlled, including any
corporation, trust, partnership, sole proprietorship, joint venture,
association, or similar organization;
(e) Foreign material. ``Foreign material'' means a material other
than a material produced in the territory of one or both of the
Parties;
(f) GATT 1994. ``GATT 1994'' means the General Agreement on Tariffs
and Trade 1994, which is part of the WTO Agreement;
(g) Good. ``Good'' means any merchandise, product, article, or
material;
(h) Harmonized System. ``Harmonized System (HS)'' means the
Harmonized Commodity Description and Coding System, including its
General Rules of Interpretation,
Section Notes, and Chapter Notes, as adopted and implemented by the
Parties in their respective tariff laws;
(i) Heading. ``Heading'' means the first four digits in the tariff
classification number under the Harmonized System;
(j) HTSUS. ``HTSUS'' means the Harmonized Tariff Schedule of the
United States as promulgated by the U.S. International Trade
Commission;
(k) Originating. ``Originating'' means a good qualifying under the
rules of origin set forth in General Note 31, HTSUS, and OFTA Chapter
Three (Textiles and apparel) or Chapter Four (Rules of Origin);
(l) Party. ``Party'' means the United States or the Sultanate of
Oman;
(m) Person. ``Person'' means a natural person or an enterprise;
(n) Preferential tariff treatment. ``Preferential tariff
treatment'' means the duty rate applicable under the OFTA to an
originating good and an exemption from the merchandise processing fee;
(o) Subheading. ``Subheading'' means the first six digits in the
tariff classification number under the Harmonized System;
(p) Textile or apparel good. ``Textile or apparel good'' means a
good listed in the Annex to the Agreement on Textiles and Clothing
(commonly referred to as ``the ATC''), which is part of the WTO
Agreement;
(q) Territory. ``Territory'' means:
(1) With respect to Oman, all the lands of Oman within its
geographical boundaries, the internal waters, maritime areas including
the territorial sea, and airspace under its sovereignty, and the
exclusive economic zone and continental shelf where Oman exercises
sovereign rights and jurisdiction in accordance with its domestic law
and international law, including the United Nations Convention on the
Law of the Sea; and
(2) With respect to the United States,
(i) The customs territory of the United States, which includes the
50 states, the District of Columbia, and Puerto Rico,
(ii) The foreign trade zones located in the United States and
Puerto Rico, and
(iii) Any areas beyond the territorial seas of the United States
within which, in accordance with international law and its domestic
law, the United States may exercise rights with respect to the seabed
and subsoil and their natural resources; and
(r) WTO Agreement. ``WTO Agreement'' means the Marrakesh Agreement
Establishing the World Trade Organization of April 15, 1994.

Import Requirements

Sec. 10.863 Filing of claim for preferential tariff treatment upon
importation.

An importer may make a claim for OFTA preferential tariff treatment
for an originating good by including on the entry summary, or
equivalent documentation, the symbol ``OM'' as a prefix to the
subheading of the HTSUS under which each qualifying good is classified,
or by the method specified for equivalent reporting via an authorized
electronic data interchange system.

Sec. 10.864 Declaration.

(a) Contents. An importer who claims preferential tariff treatment
for a good under the OFTA must submit to CBP, at the request of the
port director, a declaration setting forth all pertinent information
concerning the growth, production, or manufacture of the good. A
declaration submitted to CBP under this paragraph:
(1) Need not be in a prescribed format but must be in writing or
must be transmitted electronically pursuant to any electronic means
authorized by CBP for that purpose;
(2) Must include the following information:
(i) The legal name, address, telephone, and e-mail address (if any)
of the importer of record of the good;
(ii) The legal name, address, telephone, and e-mail address (if
any) of the responsible official or authorized agent of the importer
signing the declaration (if different from the information required by
paragraph (a)(2)(i) of this section);
(iii) The legal name, address, telephone and e-mail address (if
any) of the exporter of the good (if different from the producer);
(iv) The legal name, address, telephone and e-mail address (if any)
of the producer of the good (if known);
(v) A description of the good, which must be sufficiently detailed
to relate it to the invoice and HS nomenclature, including quantity,
numbers, invoice numbers, and bills of lading;
(vi) A description of the operations performed in the growth,
production, or manufacture of the good in territory of one or both of
the Parties and, where applicable, identification of the direct costs
of processing operations;
(vii) A description of any materials used in the growth,
production, or manufacture of the good that are wholly the growth,
product, or manufacture of one or both of the Parties, and a statement
as to the value of such materials;
(viii) A description of the operations performed on, and a
statement as to the origin and value of, any materials used in the
article that are claimed to have been sufficiently processed in the
territory of one or both of the Parties so as to be materials produced
in one or both of the Parties, or are claimed to have undergone an
applicable change in tariff classification specified in General Note
31(h), HTSUS; and
(ix) A description of the origin and value of any foreign materials
used in the good that have not been substantially transformed in the
territory of one or both of the Parties, or have not undergone an
applicable

[[Page 703]]

change in tariff classification specified in General Note 31(h), HTSUS;
(3) Must include a statement, in substantially the following form:
``I certify that:

The information on this document is true and accurate and I
assume the responsibility for proving such representations. I
understand that I am liable for any false statements or material
omissions made on or in connection with this document;
I agree to maintain and present upon request, documentation
necessary to support these representations;
The goods comply with all the requirements for preferential
tariff treatment specified for those goods in the United States-Oman
Free Trade Agreement; and
This document consists of ------ pages, including all
attachments.''

(b) Responsible official or agent. The declaration must be signed
and dated by a responsible official of the importer or by the
importer's authorized agent having knowledge of the relevant facts.
(c) Language. The declaration must be completed in the English
language.
(d) Applicability of declaration. The declaration may be applicable
to:
(1) A single importation of a good into the United States,
including a single shipment that results in the filing of one or more
entries and a series of shipments that results in the filing of one
entry; or
(2) Multiple importations of identical goods into the United States
that occur within a specified blanket period, not exceeding 12 months,
set out in the declaration. For purposes of this paragraph, ``identical
goods'' means goods that are the same in all respects relevant to the
production that qualifies the goods for preferential tariff treatment.

Sec. 10.865 Importer obligations.

(a) General. An importer who makes a claim for preferential tariff
treatment under Sec. 10.863 of this subpart:
(1) Will be deemed to have certified that the good is eligible for
preferential tariff treatment under the OFTA;
(2) Is responsible for the truthfulness of the information and data
contained in the declaration provided for in Sec. 10.864 of this
subpart; and
(3) Is responsible for submitting any supporting documents
requested by CBP and for the truthfulness of the information contained
in those documents. CBP will allow for the direct submission by the
exporter or producer of business confidential or other sensitive
information, including cost and sourcing information.
(b) Information provided by exporter or producer. The fact that the
importer has made a claim for preferential tariff treatment or prepared
a declaration based on information provided by an exporter or producer
will not relieve the importer of the responsibility referred to in
paragraph (a) of this section.

Sec. 10.866 Declaration not required.

(a) General. Except as otherwise provided in paragraph (b) of this
section, an importer will not be required to submit a declaration under
Sec. 10.864 of this subpart for:
(1) A non-commercial importation of a good; or
(2) A commercial importation for which the value of the originating
goods does not exceed U.S. $2,500.
(b) Exception. If the port director determines that an importation
described in paragraph (a) of this section may reasonably be considered
to have been carried out or planned for the purpose of evading
compliance with the rules and procedures governing claims for
preference under the OFTA, the port director will notify the importer
that for that importation the importer must submit to CBP a
declaration. The importer must submit such a declaration within 30 days
from the date of the notice. Failure to timely submit the declaration
will result in denial of the claim for preferential tariff treatment.

Sec. 10.867 Maintenance of records.

(a) General. An importer claiming preferential tariff treatment for
a good under Sec. 10.863 of this subpart must maintain, for five years
after the date of the claim for preferential tariff treatment, all
records and documents necessary for the preparation of the declaration.
(b) Applicability of other recordkeeping requirements. The records
and documents referred to in paragraph (a) of this section are in
addition to any other records required to be made, kept, and made
available to CBP under Part 163 of this chapter.
(c) Method of maintenance. The records and documents referred to in
paragraph (a) of this section must be maintained by importers as
provided in Sec. 163.5 of this chapter.

Sec. 10.868 Effect of noncompliance; failure to provide documentation
regarding transshipment.

(a) General. If the importer fails to comply with any requirement
under this subpart, including submission of a complete declaration
under Sec. 10.864 of this subpart, when requested, the port director
may deny preferential tariff treatment to the imported good.
(b) Failure to provide documentation regarding transshipment. Where
the requirements for preferential tariff treatment set forth elsewhere
in this subpart are met, the port director nevertheless may deny
preferential treatment to a good if the good is shipped through or
transshipped in the territory of a country other than a Party, and the
importer of the good does not provide, at the request of the port
director, evidence demonstrating to the satisfaction of the port
director that the good was imported directly from the territory of a
Party into the territory of the other Party (see Sec. 10.880 of this
subpart).

Post-Importation Duty Refund Claims

Sec. 10.869 Right to make post-importation claim and refund duties.

Notwithstanding any other available remedy, where a good would have
qualified as an originating good when it was imported into the United
States but no claim for preferential treatment was made, the importer
of that good may file a claim for a refund of any excess duties at any
time within one year after the date of importation of the good in
accordance with the procedures set forth in Sec. 10.870 of this
subpart. Subject to the provisions of Sec. 10.868 of this subpart, CBP
may refund any excess duties by liquidation or reliquidation of the
entry covering the good in accordance with Sec. 10.871(c) of this
part.

Sec. 10.870 Filing procedures.

(a) Place of filing. A post-importation claim for a refund under
Sec. 10.869 of this subpart must be filed with the director of the
port at which the entry covering the good was filed.
(b) Contents of claim. A post-importation claim for a refund must
be filed by presentation of the following:
(1) A written declaration stating that the good qualified as an
originating good at the time of importation and setting forth the
number and date of the entry or entries covering the good;
(2) A written statement indicating whether or not the importer of
the good provided a copy of the entry summary or equivalent
documentation to any other person. If such documentation was provided,
the statement must identify each recipient by name, CBP identification
number and address and must specify the date on which the documentation
was provided; and
(3) A written statement indicating whether or not any person has
filed a protest relating to the good under any provision of law; and if
any such protest has been filed, the statement must identify the
protest by number and date.

Sec. 10.871 CBP processing procedures.

(a) Status determination. After receipt of a post-importation claim
under Sec. 10.870 of this subpart, the port

[[Page 704]]

director will determine whether the entry covering the good has been
liquidated and, if liquidation has taken place, whether the liquidation
has become final.
(b) Pending protest or judicial review. If the port director
determines that any protest relating to the good has not been finally
decided, the port director will suspend action on the claim for refund
filed under this subpart until the decision on the protest becomes
final. If a summons involving the tariff classification or dutiability
of the good is filed in the Court of International Trade, the port
director will suspend action on the claim for refund filed under this
subpart until judicial review has been completed.
(c) Allowance of claim. (1) Unliquidated entry. If the port
director determines that a claim for a refund filed under this subpart
should be allowed and the entry covering the good has not been
liquidated, the port director will take into account the claim for a
refund under this subpart in connection with the liquidation of the
entry.
(2) Liquidated entry. If the port director determines that a claim
for a refund filed under this subpart should be allowed and the entry
covering the good has been liquidated, whether or not the liquidation
has become final, the entry must be reliquidated in order to effect a
refund of duties pursuant to this subpart. If the entry is otherwise to
be reliquidated based on administrative review of a protest or as a
result of judicial review, the port director will reliquidate the entry
taking into account the claim for refund under this subpart.
(d) Denial of claim. (1) General. The port director may deny a
claim for a refund filed under Sec. 10.870 of this subpart if the
claim was not filed timely, if the importer has not complied with the
requirements of Sec. 10.868 and Sec. 10.870 of this subpart, or if,
following an origin verification under Sec. 10.887 of this subpart,
the port director determines either that the imported good did not
qualify as an originating good at the time of importation or that a
basis exists upon which preferential tariff treatment may be denied
under Sec. 10.887 of this subpart.
(2) Unliquidated entry. If the port director determines that a
claim for a refund filed under this subpart should be denied and the
entry covering the good has not been liquidated, the port director will
deny the claim in connection with the liquidation of the entry, and
notice of the denial and the reason for the denial will be provided to
the importer in writing or via an authorized electronic data
interchange system.
(3) Liquidated entry. If the port director determines that a claim
for a refund filed under this subpart should be denied and the entry
covering the good has been liquidated, whether or not the liquidation
has become final, the claim may be denied without reliquidation of the
entry. If the entry is otherwise to be reliquidated based on
administrative review of a protest or as a result of judicial review,
such reliquidation may include denial of the claim filed under this
subpart. In either case, the port director will give the importer
notice of the denial and the reason for the denial in writing or via an
authorized electronic data interchange system.

Rules of Origin

Sec. 10.872 Definitions.

For purposes of Sec. Sec. 10.872 through 10.880:
(a) Exporter. ``Exporter'' means a person who exports goods from
the territory of a Party;
(b) Generally Accepted Accounting Principles. ``Generally Accepted
Accounting Principles'' means the recognized consensus or substantial
authoritative support in the territory of a Party, with respect to the
recording of revenues, expenses, costs, assets, and liabilities, the
disclosure of information, and the preparation of financial statements.
These standards may encompass broad guidelines of general application
as well as detailed standards, practices, and procedures;
(c) Good. ``Good'' means any merchandise, product, article, or
material;
(d) Goods wholly the growth, product, or manufacture of one or both
of the Parties. ``Goods wholly the growth, product, or manufacture of
one or both of the Parties'' means:
(1) Mineral goods extracted in the territory of one or both of the
Parties;
(2) Vegetable goods, as such goods are defined in the HTSUS,
harvested in the territory of one or both of the Parties;
(3) Live animals born and raised in the territory of one or both of
the Parties;
(4) Goods obtained from live animals raised in the territory of one
or both of the Parties;
(5) Goods obtained from hunting, trapping, or fishing in the
territory of one or both of the Parties;
(6) Goods (fish, shellfish, and other marine life) taken from the
sea by vessels registered or recorded with a Party and flying its flag;
(7) Goods produced from goods referred to in paragraph (d)(6) of
this section on board factory ships registered or recorded with that
Party and flying its flag;
(8) Goods taken by a Party or a person of a Party from the seabed
or beneath the seabed outside territorial waters, provided that a Party
has rights to exploit such seabed;
(9) Goods taken from outer space, provided they are obtained by a
Party or a person of a Party and not processed in the territory of a
non-Party;
(10) Waste and scrap derived from:
(i) Production or manufacture in the territory of one or both of
the Parties, or
(ii) Used goods collected in the territory of one or both of the
Parties, provided such goods are fit only for the recovery of raw
materials;
(11) Recovered goods derived in the territory of a Party from used
goods, and utilized in the territory of that Party in the production of
remanufactured goods; and
(12) Goods produced in the territory of one or both of the Parties
exclusively from goods referred to in paragraphs (d)(1) through (d)(10)
of this section, or from their derivatives, at any stage of production;
(e) Importer. ``Importer'' means a person who imports goods into
the territory of a Party;
(f) Indirect material. ``Indirect material'' means a good used in
the growth, production, manufacture, testing, or inspection of a good
but not physically incorporated into the good, or a good used in the
maintenance of buildings or the operation of equipment associated with
the growth, production, or manufacture of a good, including:
(1) Fuel and energy;
(2) Tools, dies, and molds;
(3) Spare parts and materials used in the maintenance of equipment
and buildings;
(4) Lubricants, greases, compounding materials, and other materials
used in the growth, production, or manufacture of a good or used to
operate equipment and buildings;
(5) Gloves, glasses, footwear, clothing, safety equipment, and
supplies;
(6) Equipment, devices, and supplies used for testing or inspecting
the good;
(7) Catalysts and solvents; and
(8) Any other goods that are not incorporated into the good but the
use of which in the growth, production, or manufacture of the good can
reasonably be demonstrated to be a part of that growth, production, or
manufacture;
(g) Material. ``Material'' means a good, including a part or
ingredient, that is used in the growth, production, or manufacture of
another good that is a new or different article of commerce that has
been grown, produced, or

[[Page 705]]

manufactured in one or both of the Parties;
(h) Material produced in the territory of one or both of the
Parties. ``Material produced in the territory of one or both of the
Parties'' means a good that is either wholly the growth, product, or
manufacture of one or both of the Parties, or a new or different
article of commerce that has been grown, produced, or manufactured in
the territory of one or both of the Parties;
(i) New or different article of commerce. ``New or different
article of commerce'' means, except as provided in Sec. 10.873(c) of
this subpart, a good that:
(1) Has been substantially transformed from a good or material that
is not wholly the growth, product, or manufacture of one of both of the
Parties; and
(2) Has a new name, character, or use distinct from the good or
material from which it was transformed;
(j) Non-originating material. ``Non-originating material'' means a
material that does not qualify as originating under this subpart or
General Note 31, HTSUS;
(k) Packing materials and containers for shipment. ``Packing
materials and containers for shipment'' means the goods used to protect
a good during its transportation to the United States, and does not
include the packaging materials and containers in which a good is
packaged for retail sale;
(l) Recovered goods. ``Recovered goods'' means materials in the
form of individual parts that result from:
(1) The disassembly of used goods into individual parts; and
(2) The cleaning, inspecting, testing, or other processing of those
parts as necessary for improvement to sound working condition;
(m) Remanufactured good. ``Remanufactured good'' means an
industrial good that is assembled in the territory of a Party and that:
(1) Is entirely or partially comprised of recovered goods;
(2) Has a similar life expectancy to a like good that is new; and
(3) Enjoys the factory warranty similar to that of a like good that
is new;
(n) Simple combining or packaging operations. ``Simple combining or
packaging operations'' means operations such as adding batteries to
electronic devices, fitting together a small number of components by
bolting, gluing, or soldering, and repacking or packaging components
together; and
(o) Substantially transformed. ``Substantially transformed'' means,
with respect to a good or material, changed as the result of a
manufacturing or processing operation so that the good loses its
separate identity in the manufacturing or processing operation and:
(1) The good or material is converted from a good that has multiple
uses into a good or material that has limited uses;
(2) The physical properties of the good or material are changed to
a significant extent; or
(3) The operation undergone by the good or material is complex by
reason of the number of different processes and materials involved and
the time and level of skill required to perform those processes.

Sec. 10.873 Originating goods.

(a) General. A good will be considered an originating good under
the OFTA when imported directly from the territory of a Party into the
territory of the other Party only if:
(1) The good is wholly the growth, product, or manufacture of one
or both of the Parties;
(2) The good is a new or different article of commerce, as defined
in Sec. 10.872(i) of this subpart, that has been grown, produced, or
manufactured in the territory of one or both of the Parties, is
provided for in a heading or subheading of the HTSUS that is not
covered by the product-specific rules set forth in General Note 31(h),
HTSUS, and meets the value-content requirement specified in paragraph
(b) of this section; or
(3) The good is provided for in a heading or subheading of the
HTSUS covered by the product-specific rules set forth in General Note
31(h), HTSUS, and:
(i)(A) Each of the non-originating materials used in the production
of the good undergoes an applicable change in tariff classification
specified in General Note 31(h), HTSUS, as a result of production
occurring entirely in the territory of one or both of the Parties; or
(B) The good otherwise satisfies the requirements specified in
General Note 31(h), HTSUS; and
(ii) The good meets any other requirements specified in General
Note 31, HTSUS.
(b) Value-content requirement. A good described in paragraph (a)(2)
of this section will be considered an originating good under the OFTA
only if the sum of the value of materials produced in one or both of
the Parties, plus the direct costs of processing operations performed
in one or both of the Parties, is not less than 35 percent of the
appraised value of the good at the time the good is entered into the
territory of the United States.
(c) Combining, packaging, and diluting operations. For purposes of
this subpart, a good will not be considered a new or different article
of commerce by virtue of having undergone simple combining or packaging
operations, or mere dilution with water or another substance that does
not materially alter the characteristics of the good. The principles
and examples set forth in Sec. 10.195(a)(2) of this part will apply
equally for purposes of this paragraph.

Sec. 10.874 Textile or apparel goods.

(a) De minimis. (1) General. Except as provided in paragraph (a)(2)
of this section, a textile or apparel good that is not an originating
good under the OFTA because certain fibers or yarns used in the
production of the component of the good that determines the tariff
classification of the good do not undergo an applicable change in
tariff classification set out in General Note 31(h), HTSUS, will be
considered to be an originating good if the total weight of all such
fibers or yarns is not more than seven percent of the total weight of
that component.
(2) Exception. A textile or apparel good containing elastomeric
yarns in the component of the good that determines the tariff
classification of the good will be considered to be an originating good
only if such yarns are wholly formed in the territory of a Party.
(b) Textile or apparel goods put up in sets. Notwithstanding the
specific rules specified in General Note 31(h), HTSUS, textile or
apparel goods classifiable as goods put up in sets for retail sale as
provided for in General Rule of Interpretation 3, HTSUS, will not be
considered to be originating goods under the OFTA unless each of the
goods in the set is an originating good or the total value of the non-
originating goods in the set does not exceed ten percent of the
appraised value of the set.

Sec. 10.875 Accumulation.

(a) An originating good or material produced in the territory of
one or both of the Parties that is incorporated into a good in the
territory of the other Party will be considered to originate in the
territory of the other Party.
(b) A good that is grown, produced, or manufactured in the
territory of one or both of the Parties by one or more producers is an
originating good if the good satisfies the requirements of Sec. 10.873
of this subpart and all other applicable requirements of General Note
31, HTSUS.

Sec. 10.876 Value of materials.

(a) General. For purposes of Sec. 10.873(b) of this subpart and,
except as

[[Page 706]]

provided in paragraph (b) of this section, the value of a material
produced in the territory of one or both of the Parties includes the
following:
(1) The price actually paid or payable for the material by the
producer of the good;
(2) The freight, insurance, packing and all other costs incurred in
transporting the material to the producer's plant, if such costs are
not included in the price referred to in paragraph (a)(1) of this
section;
(3) The cost of waste or spoilage resulting from the use of the
material in the growth, production, or manufacture of the good, less
the value of recoverable scrap; and
(4) Taxes or customs duties imposed on the material by one or both
of the Parties, if the taxes or customs duties are not remitted upon
exportation from the territory of a Party.
(b) Exception. If the relationship between the producer of a good
and the seller of a material influenced the price actually paid or
payable for the material, or if there is no price actually paid or
payable by the producer for the material, the value of the material
produced in the territory of one or both of the Parties includes the
following:
(1) All expenses incurred in the growth, production, or manufacture
of the material, including general expenses;
(2) A reasonable amount for profit; and
(3) The freight, insurance, packing, and all other costs incurred
in transporting the material to the producer's plant.

Sec. 10.877 Direct costs of processing operations.

(a) Items included. For purposes of Sec. 10.873(b) of this
subpart, the words ``direct costs of processing operations'', with
respect to a good, mean those costs either directly incurred in, or
that can be reasonably allocated to, the growth, production, or
manufacture of the good in the territory of one or both of the Parties.
Such costs include, to the extent they are includable in the appraised
value of the good when imported into a Party, the following:
(1) All actual labor costs involved in the growth, production, or
manufacture of the specific good, including fringe benefits, on-the-job
training, and the costs of engineering, supervisory, quality control,
and similar personnel;
(2) Tools, dies, molds, and other indirect materials, and
depreciation on machinery and equipment that are allocable to the
specific good;
(3) Research, development, design, engineering, and blueprint
costs, to the extent that they are allocable to the specific good;
(4) Costs of inspecting and testing the specific good; and
(5) Costs of packaging the specific good for export to the
territory of the other Party.
(b) Items not included. For purposes of Sec. 10.873(b) of this
subpart, the words ``direct costs of processing operations'' do not
include items that are not directly attributable to the good or are not
costs of growth, production, or manufacture of the good. These include,
but are not limited to:
(1) Profit; and
(2) General expenses of doing business that are either not
allocable to the good or are not related to the growth, production, or
manufacture of the good, such as administrative salaries, casualty and
liability insurance, advertising, and salesmen's salaries, commissions,
or expenses.

Sec. 10.878 Packaging and packing materials and containers for retail
sale and for shipment.

Packaging materials and containers in which a good is packaged for
retail sale and packing materials and containers for shipment are to be
disregarded in determining whether a good qualifies as an originating
good under Sec. 10.873 of this subpart and General Note 31, HTSUS,
except that the value of such packaging and packing materials and
containers may be included in meeting the value-content requirement
specified in Sec. 10.873(b) of this subpart.

Sec. 10.879 Indirect materials.

Indirect materials are to be disregarded in determining whether a
good qualifies as an originating good under Sec. 10.873 of this
subpart and General Note 31, HTSUS, except that the cost of such
indirect materials may be included in meeting the value-content
requirement specified in Sec. 10.873(b) of this subpart.

Sec. 10.880 Imported directly.

(a) General. To qualify as an originating good under the OFTA, a
good must be imported directly from the territory of a Party into the
territory of the other Party. For purposes of this subpart, the words
``imported directly'' mean:
(1) Direct shipment from the territory of a Party into the
territory of the other Party without passing through the territory of a
non-Party; or
(2) If the shipment passed through the territory of a non-Party,
the good, upon arrival in the territory of a Party, will be considered
to be ``imported directly'' only if the good did not undergo
production, manufacturing, or any other operation outside the
territories of the Parties, other than unloading, reloading, or any
other operation necessary to preserve the good in good condition or to
transport the good to the territory of a Party. Operations that may be
performed outside the territories of the Parties include inspection,
removal of dust that accumulates during shipment, ventilation,
spreading out or drying, chilling, replacing salt, sulfur dioxide, or
aqueous solutions, replacing damaged packing materials and containers,
and removal of units of the good that are spoiled or damaged and
present a danger to the remaining units of the good, or to transport
the good to the territory of a Party.
(b) Documentary evidence. An importer making a claim for
preferential tariff treatment under the OFTA for an originating good
may be required to demonstrate, to CBP's satisfaction, that the good
was ``imported directly'' from the territory of a Party into the
territory of the other Party, as that term is defined in paragraph (a)
of this section. An importer may demonstrate compliance with this
section by submitting documentary evidence. Such evidence may include,
but is not limited to, bills of lading, airway bills, packing lists,
commercial invoices, receiving and inventory records, and customs entry
and exit documents.

Tariff Preference Level

Sec. 10.881 Filing of claim for tariff preference level.

A cotton or man-made fiber apparel good described in Sec. 10.882
of this subpart that does not qualify as an originating good under
Sec. 10.873 of this subpart may nevertheless be entitled to
preferential tariff treatment under the OFTA under an applicable tariff
preference level (TPL). To make a TPL claim, the importer must include
on the entry summary, or equivalent documentation, the applicable
subheading in Chapter 99 of the HTSUS (9916.99.20) immediately above
the applicable subheading in Chapter 61 or Chapter 62 of the HTSUS
under which each non-originating cotton or man-made fiber apparel good
is classified.

Sec. 10.882 Goods eligible for tariff preference claims.

Cotton or man-made fiber apparel goods provided for in Chapters 61
or 62 of the HTSUS that are cut or knit to shape, or both, and sewn or
otherwise assembled in the territory of Oman from fabric or yarn
produced or obtained outside the territory of Oman or the United States
are eligible for a TPL claim filed under Sec. 10.881 of this

[[Page 707]]

subpart (subject to the quantitative limitations set forth in U.S. Note
13, Subchapter XVI, Chapter 99, HTSUS).

Sec. 10.883 [Reserved]

Sec. 10.884 Declaration.

(a) General. An importer who claims preferential tariff treatment
on a non-originating cotton or man-made fiber good specified in Sec.
10.882 of this subpart must submit, at the request of the port
director, a declaration supporting such a claim for preferential tariff
treatment that sets forth all pertinent information concerning the
production of the good, including:
(1) A description of the good, quantity, invoice numbers, and bills
of lading;
(2) A description of the operations performed in the production of
the good in the territory of one or both of the Parties;
(3) A statement as to any yarn or fabric of a non-Party and the
origin of such materials used in the production of the good.
(b) Retention of records. An importer must retain all documents
relied upon to prepare the declaration for a period of five years.

Sec. 10.885 Transshipment of non-originating apparel goods.

(a) General. To qualify for preferential tariff treatment under an
applicable TPL, a good must be imported directly from the territory of
a Party into the territory of the other Party. For purposes of this
subpart, the words ``imported directly'' mean:
(1) Direct shipment from the territory of a Party into the
territory of the other Party without passing through the territory of a
non-Party; or
(2) If the shipment passed through the territory of a non-Party,
the good, upon arrival in the territory of a Party, will be considered
to be ``imported directly'' only if the good did not undergo
production, manufacturing, or any other operation outside the
territories of the Parties, other than unloading, reloading, or any
other operation necessary to preserve the good in good condition or to
transport the good to the territory of a Party. Operations that may be
performed outside the territories of the Parties include inspection,
removal of dust that accumulates during shipment, ventilation,
spreading out or drying, chilling, replacing salt, sulfur dioxide, or
aqueous solutions, replacing damaged packing materials and containers,
and removal of units of the good that are spoiled or damaged and
present a danger to the remaining units of the good, or to transport
the good to the territory of a Party.
(b) Documentary evidence. An importer making a claim for
preferential tariff treatment under an applicable TPL may be required
to demonstrate, to CBP's satisfaction, that the good was ``imported
directly'' from the territory of a Party into the territory of the
other Party, as that term is defined in paragraph (a) of this section.
An importer may demonstrate compliance with this section by submitting
documentary evidence. Such evidence may include, but is not limited to,
bills of lading, airway bills, packing lists, commercial invoices,
receiving and inventory records, and customs entry and exit documents.

Sec. 10.886 Effect of non-compliance; failure to provide
documentation regarding transshipment of non-originating apparel goods.

(a) General. If an importer of a good for which a TPL claim is made
fails to comply with any applicable requirement under this subpart, the
port director may deny preferential tariff treatment to the imported
good.
(b) Failure to provide documentation regarding transshipment. Where
the requirements for preferential tariff treatment set forth elsewhere
in this subpart are met, the port director nevertheless may deny
preferential tariff treatment to a good for which a TPL claim is made
if the good is shipped through or transshipped in a country other than
a Party, and the importer of the good does not provide, at the request
of the port director, evidence demonstrating to the satisfaction of the
port director that the requirements set forth in Sec. 10.885 of this
subpart were met.

Origin Verifications and Determinations

Sec. 10.887 Verification and justification of claim for preferential
treatment.

(a) Verification. A claim for preferential treatment made under
Sec. 10.863 or Sec. 10.870 of this subpart, including any declaration
or other information submitted to CBP in support of the claim, will be
subject to such verification as the port director deems necessary. In
the event that the port director is provided with insufficient
information to verify or substantiate the claim, the port director may
deny the claim for preferential treatment.
(b) Applicable accounting principles. When conducting a
verification of origin to which Generally Accepted Accounting
Principles may be relevant, CBP will apply and accept the Generally
Accepted Accounting Principles applicable in the country of production.

Sec. 10.888 Issuance of negative origin determinations.

If, as a result of an origin verification initiated under this
subpart, CBP determines that a claim for preferential tariff treatment
made under Sec. 10.863 of this subpart should be denied, it will issue
a determination in writing or via an authorized electronic data
interchange system to the importer that sets forth the following:
(a) A description of the good that was the subject of the
verification together with the identifying numbers and dates of the
export and import documents pertaining to the good;
(b) A statement setting forth the findings of fact made in
connection with the verification and upon which the determination is
based; and
(c) With specific reference to the rules applicable to originating
goods as set forth in General Note 31, HTSUS, and in Sec. Sec. 10.863
through 10.886 of this subpart, the legal basis for the determination.

Penalties

Sec. 10.889 Violations relating to the OFTA.

All criminal, civil, or administrative penalties which may be
imposed upon importers or other parties for violations of the U.S.
customs or related laws or regulations will also apply to importations
subject to the OFTA.

Goods Returned After Repair or Alteration

Sec. 10.890 Goods re-entered after repair or alteration in Oman.

(a) General. This section sets forth the rules that apply for
purposes of obtaining duty-free treatment on goods returned after
repair or alteration in Oman as provided for in subheadings 9802.00.40
and 9802.00.50, HTSUS. Goods returned after having been repaired or
altered in Oman, whether or not pursuant to a warranty, are eligible
for duty-free treatment, provided that the requirements of this section
are met. For purposes of this section, ``repairs or alterations'' means
restoration, renovation, cleaning, re-sterilizing, or other treatment
which does not destroy the essential characteristics of, or create a
new or commercially different good from, the good exported from the
United States.
(b) Goods not eligible for treatment. The duty-free treatment
referred to in paragraph (a) of this section will not apply to goods
which, in their condition as exported from the United States to Oman,
are incomplete for their intended use and for which the processing
operation performed in Oman constitutes an operation that is

[[Page 708]]

performed as a matter of course in the preparation or manufacture of
finished goods.
(c) Documentation. The provisions of paragraphs (a), (b), and (c)
of Sec. 10.8 of this part, relating to the documentary requirements
for goods entered under subheading 9802.00.40 or 9802.00.50, HTSUS,
will apply in connection with the entry of goods which are returned
from Oman after having been exported for repairs or alterations and
which are claimed to be duty free.

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

0
4. The general authority citation for Part 24 and the specific
authority for Sec. 24.23 continue to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the United States) 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law. 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
Section 24.23 also issued under 19 U.S.C. 3332;
* * * * *

0
5. Section 24.23 is amended by adding paragraph (c)(10) to read as
follows:

Sec. 24.23 Fees for processing merchandise.

* * * * *
(c) * * *
(10) The ad valorem fee, surcharge, and specific fees provided
under paragraphs (b)(1) and (b)(2)(i) of this section will not apply to
goods that qualify as originating goods under Sec. 202 of the United
States--Oman Free Trade Agreement Implementation Act (see also General
Note 31, HTSUS) that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2009.
* * * * *

PART 162--INSPECTION, SEARCH, AND SEIZURE

0
6. The authority citation for Part 162 continues to read in part as
follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624.

* * * * *

0
7. Section 162.0 is amended by revising the last sentence to read as
follows:

Sec. 162.0 Scope.

* * * Additional provisions concerning records maintenance and
examination applicable to U.S. importers, exporters, and producers
under the U.S.-Chile Free Trade Agreement, the U.S.-Singapore Free
Trade Agreement, the Dominican Republic-Central America-U.S. Free Trade
Agreement, the U.S.-Morocco Free Trade Agreement, the U.S.-Bahrain Free
Trade Agreement, and the U.S.-Oman Free Trade Agreement are contained
in Part 10, Subparts H, I, J, M, N, and P of this chapter,
respectively.

PART 163--RECORDKEEPING

0
8. 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.

0
9. Section 163.1(a)(2) is amended by re-designating paragraph
(a)(2)(xii) as paragraph (a)(2)(xiii) and adding a new paragraph
(a)(2)(xii) to read as follows:

Sec. 163.1 Definitions.

* * * * *
(a) * * *
(2) * * *
(xii) The maintenance of any documentation that the importer may
have in support of a claim for preferential tariff treatment under the
United States-Oman Free Trade Agreement (OFTA), including an OFTA
importer's declaration.
* * * * *

0
10. The Appendix to Part 163 is amended by adding new listings under
section IV in numerical order to read as follows:

Appendix to Part 163--Interim (a)(1)(A) List

* * * * *
IV. * * *
Sec. 10.865 OFTA records that the importer may have in support
of an OFTA claim for preferential tariff treatment, including an
importer's declaration.
Sec. 10.883 OFTA TPL certificate of eligibility.
Sec. 10.884 OFTA TPL declaration.
* * * * *

PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS

0
11. The authority citation for Part 178 continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq.

0
12. Section 178.2 is amended by adding new listings ``Sec. Sec.
10.863, 10.864, 10.881, and 10.884'' to the table in numerical order to
read as follows:

Sec. 178.2 Listing of OMB control numbers.

----------------------------------------------------------------------------------------------------------------
19 CFR Section Description OMB control No.
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Sec. Sec. 10.863, 10.864, 10.881, and Claim for preferential tariff treatment under 1651-0117
10.884. the U.S.-Oman Free Trade Agreement.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
Approved: December 28, 2010.

Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2010-33350 Filed 1-5-11; 8:45 am]
BILLING CODE 9111-14-P