Technical Correction: Voluntary Reliquidation of Deemed Liquidated Entries, 40737-40738 [E7-14406]

Download as PDF Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations Order on Rehearing does not revise the regulation text of Order No. 693 and makes only minor clarifications to Order No. 693, OMB approval for this order is not necessary. However, the Commission will send a copy of this order to OMB for informational purposes. IV. Document Availability 157. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the Internet through FERC’s Home Page (http://www.ferc.gov) and in FERC’s Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426. 158. From FERC’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number, excluding the last three digits of this document, in the docket number field. 159. User assistance is available for eLibrary and the FERC’s Web site during normal business hours from our Help line at (202) 502–8222 or the Public Reference Room at (202) 502–8371 Press 0, TTY (202) 502–8659. E-Mail the Public Reference Room at public.referenceroom@ferc.gov. By the Commission. Kimberly D. Bose, Secretary. [FR Doc. E7–14340 Filed 7–24–07; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 173 [CBP Dec. 07–62] Technical Correction: Voluntary Reliquidation of Deemed Liquidated Entries Customs and Border Protection, Homeland Security. ACTION: Final rule. jlentini on PROD1PC65 with RULES AGENCY: SUMMARY: This document amends title 19 of the Code of Federal Regulations by making technical corrections to § 173.3, which provides for voluntary VerDate Aug<31>2005 16:55 Jul 24, 2007 Jkt 211001 reliquidations. These technical corrections conform § 173.3 to 19 U.S.C. 1501, as amended by section 2107 of the Miscellaneous Trade and Technical Corrections Act of 2004, which permits Customs and Border Protection to voluntarily reliquidate entries that are deemed liquidated by operation of law. DATES: Effective Date: July 25, 2007. FOR FURTHER INFORMATION CONTACT: Richard B. Wallio, Office of International Trade, Customs and Border Protection, Tel. (202) 344–2556. SUPPLEMENTARY INFORMATION: Background This document makes technical corrections to § 173.3 of title 19 of the Code of Federal Regulations (19 CFR 173.3) to conform to changes to that section’s underlying statutory authority. Section 173.3 concerns the voluntarily reliquidation of entries and provides that within 90 days from the date notice of the original liquidation is given to the importer, consignee, or agent, the port director may reliquidate on his own initiative a liquidation or reliquidation to correct errors in appraisement, classification, or any other element entering into the liquidation or reliquidation. Section 501 of the Tariff Act of 1930, as amended (19 U.S.C. 1501), provides the statutory authority for voluntary reliquidations and states that Customs and Border Protection (CBP) may reliquidate an entry within 90 days from the date on which notice of the original liquidation is given or transmitted to the importer, his consignee or agent. Section 1501 was amended by section 2107 of the Miscellaneous Trade and Technical Corrections Act of 2004 (Pub. L. 108–429, 118 Stat. 2598) to include ‘‘deemed liquidations’’ of 19 U.S.C. 1504 as among the types of liquidations CBP is authorized to voluntarily reliquidate. The date of original liquidation of an entry that liquidated by operation of law is the date of deemed liquidation. This document makes technical corrections to § 173.3 to conform to the broadened scope of 19 U.S.C. 1501, as amended, which authorizes CBP to voluntarily reliquidate entries that have been deemed liquidated by operation of law pursuant to 19 U.S.C. 1504. Examples of types of entries which may be deemed liquidated by operation of law are countervailing duty (CVD), antidumping (AD), or drawback entries. Inapplicability of Public Notice and Comment Requirement and Delayed Effective Date Requirement Because the technical corrections to 19 CFR 173.3 set forth in this document PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 40737 merely conform to the statutory amendments to 19 U.S.C. 1501 effected by section 2107 of the Miscellaneous Trade and Technical Corrections Act of 2004, pursuant to 5 U.S.C. 553(b)(B), CBP finds that good cause exists for dispensing with notice and public procedure as unnecessary. 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. The 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 E.O. 12866. Signing Authority This document is being issued in accordance with 19 CFR 0.1(a)(1). List of Subjects in 19 CFR Part 173 Administrative practice and procedure, Customs duties and inspection. Amendment to the Regulations For the reasons stated above, part 173 of title 19 of the Code of Federal Regulations is amended as set forth below. I PART 173—ADMINISTRATIVE REVIEW IN GENERAL 1. The authority citation for part 173 continues to read as follows: I Authority: 19 U.S.C. 66, 1501, 1520, 1624. * * * * * 2. In § 173.3, paragraph (a) is amended by revising the first sentence to read as follows: I § 173.3 Voluntary reliquidation. (a) Authority to reliquidate. Within 90 days from the date notice of deemed liquidation or notice of the original liquidation is given to the importer, consignee, or agent, the port director may reliquidate on his own initiative a liquidation or a reliquidation to correct errors in appraisement, classification, or any other element entering into the liquidation or reliquidation, including errors based on misconstruction of applicable law. * * * * * * * * E:\FR\FM\25JYR1.SGM 25JYR1 40738 Federal Register / Vol. 72, No. 142 / Wednesday, July 25, 2007 / Rules and Regulations Dated: July 20, 2007. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E7–14406 Filed 7–24–07; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA–284I] RIN 1117–AB11 Elimination of Exemptions for Chemical Mixtures Containing the List I Chemicals Ephedrine and/or Pseudoephedrine Drug Enforcement Administration (DEA), Department of Justice. ACTION: Interim rule with request for comments. AGENCY: This Interim Rule removes the Controlled Substances Act (CSA) exemptions for chemical mixtures containing ephedrine and/or pseudoephedrine with concentration limits at or below five percent. The Combat Methamphetamine Epidemic Act of 2005 (CMEA) added additional controls on ephedrine and pseudoephedrine and mandated that DEA limit the domestic production and importation of materials containing ephedrine and pseudoephedrine to quantities necessary for medical, scientific and other legitimate purposes (21 U.S.C. 952(a)(1) as amended). DEA is eliminating exemptions for these chemical mixtures. As such, all ephedrine and pseudoephedrine chemical mixtures, regardless of concentration and form, shall be subject to the regulatory provisions of the CSA. DEA is not prohibiting the importation, exportation, manufacture, or distribution of chemical mixtures containing ephedrine or pseudoephedrine in concentrations less than or equal to five percent. Rather, DEA is regulating the importation, exportation, manufacture, and distribution of these chemical mixtures by requiring persons who handle these chemical mixtures to register with DEA, maintain certain records common to business practice, and file certain reports, regarding these chemical mixtures. Chemical mixtures containing the List I chemicals ephedrine and pseudoephedrine will still be available for use. DATES: Effective August 24, 2007. jlentini on PROD1PC65 with RULES SUMMARY: VerDate Aug<31>2005 16:01 Jul 24, 2007 Jkt 211001 Persons seeking registration must apply on or before August 24, 2007 in order to continue their business pending final action by DEA on their application. Written comments must be postmarked, and electronic comments must be sent, on or before September 24, 2007. ADDRESSES: To ensure proper handling of comments, please reference ‘‘Docket No. DEA–284I’’ on all written and electronic correspondence. Written comments being sent via regular mail should be sent to the Deputy Administrator, Drug Enforcement Administration, Washington, DC 20537, Attention: DEA Federal Register Representative/ODL. Written comments sent via express mail should be sent to DEA Headquarters, Attention: DEA Federal Register Representative/ODL, 2401 Jefferson-Davis Highway, Alexandria, VA 22301. Comments may be sent directly to DEA electronically by sending an electronic message to dea.diversion.policy@usdoj.gov. Comments may also be sent electronically through http:// www.regulations.gov using the electronic comment form provided on that site. An electronic copy of this document is also available at the http://www.regulations.gov Web site. DEA will accept attachments to electronic comments in Microsoft Word, WordPerfect, Adobe PDF, or Excel file formats only. DEA will not accept any file format other than those specifically listed here. Posting of Public Comments: Please note that all comments received are considered part of the public record and made available for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph of your comment. You must also place all the personal identifying information you do not want posted online in the first paragraph of your comment and identify the information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase ‘‘CONFIDENTIAL BUSINESS INFORMATION’’ in the first paragraph of your comment. You must also prominently identify confidential PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on http:// www.regulations.gov. Personal identifying information and confidential business information identified and located as set forth above will be redacted and placed in the agency’s public docket file, and, where possible, posted online. If you wish to inspect the agency’s public docket file in person by appointment, please see the FOR FURTHER INFORMATION paragraph. FOR FURTHER INFORMATION CONTACT: Christine A. Sannerud, PhD, Chief, Drug & Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, telephone (202) 307–7183, fax (202) 353–1263, or e-mail ode@dea.usdoj.gov. SUPPLEMENTARY INFORMATION: I. Background Status of Dietary Supplements Containing Ephedrine and/or Pseudoephedrine Dietary supplements containing the List I chemicals ephedrine or pseudoephedrine are regulated as chemical mixtures under the Controlled Substances Act (CSA). DEA originally exempted these products from CSA regulatory control if the total concentration of the ephedrine and/or pseudoephedrine was at or below five percent, in an effort to reduce the regulatory burden on the dietary and nutritional supplement industry (68 FR 23195, May 1, 2003). However, on February 11, 2004, the Food and Drug Administration (FDA) issued a Final Rule (69 FR 6787) declaring dietary supplements containing ephedrine alkaloids adulterated under the Federal Food, Drug, and Cosmetic Act (the FFD&C Act) because these dietary supplements present an unreasonable risk of illness or injury. Effective April 12, 2004, the rule prohibits the sale of dietary supplements containing ephedrine alkaloids such as ephedra (also known as Ma Huang, sida cordifolia and pinellia). The effect of the FDA rule was to ban the lawful marketing of these products. DEA notes that the FDA ban addresses only the marketing of dietary supplements containing ephedrine alkaloids. The raw materials used to manufacture these dietary supplements are not restricted by the FDA ban. Accordingly, to control those materials, DEA must address the importation, exportation, manufacture, or distribution of chemical mixtures with E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Rules and Regulations]
[Pages 40737-40738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14406]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 173

[CBP Dec. 07-62]


Technical Correction: Voluntary Reliquidation of Deemed 
Liquidated Entries

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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

SUMMARY: This document amends title 19 of the Code of Federal 
Regulations by making technical corrections to Sec.  173.3, which 
provides for voluntary reliquidations. These technical corrections 
conform Sec.  173.3 to 19 U.S.C. 1501, as amended by section 2107 of 
the Miscellaneous Trade and Technical Corrections Act of 2004, which 
permits Customs and Border Protection to voluntarily reliquidate 
entries that are deemed liquidated by operation of law.

DATES: Effective Date: July 25, 2007.

FOR FURTHER INFORMATION CONTACT:  Richard B. Wallio, Office of 
International Trade, Customs and Border Protection, Tel. (202) 344-
2556.

SUPPLEMENTARY INFORMATION: 

Background

    This document makes technical corrections to Sec.  173.3 of title 
19 of the Code of Federal Regulations (19 CFR 173.3) to conform to 
changes to that section's underlying statutory authority.
    Section 173.3 concerns the voluntarily reliquidation of entries and 
provides that within 90 days from the date notice of the original 
liquidation is given to the importer, consignee, or agent, the port 
director may reliquidate on his own initiative a liquidation or 
reliquidation to correct errors in appraisement, classification, or any 
other element entering into the liquidation or reliquidation.
    Section 501 of the Tariff Act of 1930, as amended (19 U.S.C. 1501), 
provides the statutory authority for voluntary reliquidations and 
states that Customs and Border Protection (CBP) may reliquidate an 
entry within 90 days from the date on which notice of the original 
liquidation is given or transmitted to the importer, his consignee or 
agent. Section 1501 was amended by section 2107 of the Miscellaneous 
Trade and Technical Corrections Act of 2004 (Pub. L. 108-429, 118 Stat. 
2598) to include ``deemed liquidations'' of 19 U.S.C. 1504 as among the 
types of liquidations CBP is authorized to voluntarily reliquidate. The 
date of original liquidation of an entry that liquidated by operation 
of law is the date of deemed liquidation.
    This document makes technical corrections to Sec.  173.3 to conform 
to the broadened scope of 19 U.S.C. 1501, as amended, which authorizes 
CBP to voluntarily reliquidate entries that have been deemed liquidated 
by operation of law pursuant to 19 U.S.C. 1504. Examples of types of 
entries which may be deemed liquidated by operation of law are 
countervailing duty (CVD), antidumping (AD), or drawback entries.

Inapplicability of Public Notice and Comment Requirement and Delayed 
Effective Date Requirement

    Because the technical corrections to 19 CFR 173.3 set forth in this 
document merely conform to the statutory amendments to 19 U.S.C. 1501 
effected by section 2107 of the Miscellaneous Trade and Technical 
Corrections Act of 2004, pursuant to 5 U.S.C. 553(b)(B), CBP finds that 
good cause exists for dispensing with notice and public procedure as 
unnecessary. 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.

The 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 E.O. 12866.

Signing Authority

    This document is being issued in accordance with 19 CFR 0.1(a)(1).

List of Subjects in 19 CFR Part 173

    Administrative practice and procedure, Customs duties and 
inspection.

Amendment to the Regulations

0
For the reasons stated above, part 173 of title 19 of the Code of 
Federal Regulations is amended as set forth below.

PART 173--ADMINISTRATIVE REVIEW IN GENERAL

0
1. The authority citation for part 173 continues to read as follows:

    Authority: 19 U.S.C. 66, 1501, 1520, 1624.
* * * * *

0
2. In Sec.  173.3, paragraph (a) is amended by revising the first 
sentence to read as follows:


Sec.  173.3  Voluntary reliquidation.

    (a) Authority to reliquidate. Within 90 days from the date notice 
of deemed liquidation or notice of the original liquidation is given to 
the importer, consignee, or agent, the port director may reliquidate on 
his own initiative a liquidation or a reliquidation to correct errors 
in appraisement, classification, or any other element entering into the 
liquidation or reliquidation, including errors based on misconstruction 
of applicable law. * * *
* * * * *


[[Page 40738]]


    Dated: July 20, 2007.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
 [FR Doc. E7-14406 Filed 7-24-07; 8:45 am]
BILLING CODE 9111-14-P