Technical Corrections to Customs and Border Protection Regulations, 40722-40727 [E8-15622]
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
On May 30, 2008, the FAA published
in the Federal Register a final rule
establishing four low altitude T-routes
in the San Francisco terminal area (73
FR 31021). This rule was originally
scheduled to become effective July 31,
2008; however, a need for additional
internal processing requires a delay in
the effective date until September 25,
2008.
dwashington3 on PRODPC61 with RULES
The Rule
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of the airspace necessary
to ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it establishes RNAV T–Routes at
Sacramento and San Francisco, CA.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Delay of Effective Date
The effective date of the final rule,
Docket FAA–2008–0037; Airspace
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Docket 07–AWP–6, as published in the
Federal Register on May 30, 2008 (73
FR 31021), is hereby delayed until
September 25, 2008.
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
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Issued in Washington, DC, on July 2, 2008.
Kenneth McElroy,
Acting Manager, Airspace and Rules Group.
[FR Doc. E8–15932 Filed 7–15–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
19 CFR Parts 0, 4, 7, 12, 18, 24, 101,
103, 115, 123, 134, 141, 177, and 181
[CBP Dec. 08–25]
Technical Corrections to Customs and
Border Protection Regulations
Customs and Border Protection,
Department of Homeland Security.
ACTION: Final rule.
AGENCY:
SUMMARY: Customs and Border
Protection (CBP) periodically reviews its
regulations to ensure that they are
current, correct, and consistent.
Through this review process, CBP
discovered a number of discrepancies.
This document amends various sections
of title 19 of the Code of Federal
Regulations to remedy those
discrepancies.
DATES:
The final rule is effective July 16,
2008.
FOR FURTHER INFORMATION CONTACT:
Craig Walker, Regulations and Rulings,
Office of International Trade, (202) 572–
8836.
SUPPLEMENTARY INFORMATION:
Background
It is the policy of Customs and Border
Protection (CBP) to periodically review
its regulations (title 19 of the Code of
Federal Regulations) to ensure that they
are as accurate and up-to-date as
possible so that the importing and
general public are aware of CBP
programs, requirements, and procedures
regarding import-related activities. As
part of this review policy, CBP has
determined that certain corrections are
necessary affecting parts 0, 4, 7, 12, 18,
24, 101, 103, 115, 123, 134, 141, 177,
and 181 of the CBP regulations (19 CFR
parts 0, 4, 7, 12, 18, 24, 101, 103, 115,
123, 134, 141, 177, 181).
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Discussion of Changes
Part 0 of the CBP regulations (19 CFR
0), concerning transferred or delegated
authority, is being amended to replace
all references to ‘‘Customs regulations’’
with ‘‘CBP regulations’’. This is
consistent with the transfer of the legacy
U.S. Customs Service of the Department
of the Treasury to the Department of
Homeland Security (DHS) in 2003 and
the subsequent renaming of the agency
as U.S. Customs and Border Protection
by DHS on March 31, 2007 (see 72 FR
20131, dated April 23, 2007).
Certain specific authorities for part 4
of the CBP regulations (19 CFR part 4),
concerning vessels in foreign and
domestic trades, and coastwise
procedures, are being amended to reflect
the reorganization and re-codification of
Title 46, United States Code (U.S.C.),
pursuant to Pub. L. 109–304, 120 Stat.
1632 (October 6, 2006). Title 46
includes the coastwise laws (generally,
the Jones Act and the Passenger Vessel
Services Act), as well as other
navigation laws that are administered by
CBP. The re-codification does not
change the substance of these laws, but
merely reorganizes them. Accordingly,
the outdated citations to the former
Appendix to Title 46 in the specific
authorities for part 4 are being removed,
and the new citations to Title 46 are
being added.
Part 4 of the CBP regulations contains
references to the Great Lakes
endorsement of the Certification of
Documentation issued by the U.S. Coast
Guard. Section 12107 of Title 46, United
States Code (46 U.S.C. 12107), which
pertained to the Great Lakes
endorsement of U.S. vessel
documentation laws, was repealed by
Pub. L. 104–324, Title XI, § 1115(a), 110
Stat. 3972 (Oct. 19, 1996). Accordingly,
the outdated references to the Great
Lakes endorsement are being deleted
from §§ 4.0(c), 4.60(b)(2), 4.80(a)(2),
4.80(d), 4.82(c), 4.87(a), 4.88(a), 4.90(d),
and 4.92. In addition, § 4.80(e), relating
to restrictions on coastwise trade, is
being amended to reflect amendments to
the first and second provisos to 46
U.S.C. App. 883 (first proviso now
found at 46 U.S.C. 12132(a), and second
proviso now found at 46 U.S.C. 12101(a)
and 12132(b)) affected by § 1120(e) of
Pub. L. 104–324.
Sections 7.2 through 7.4 of the CBP
regulations (19 CFR 7.2–7.4), relating to
customs relations with U.S. insular
possessions, are being amended in this
document to replace references to the
‘‘United States Customs Service’’ and
‘‘Customs’’ with ‘‘U.S. Customs and
Border Protection’’ and ‘‘CBP’’,
respectively, consistent with the
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Federal Register / Vol. 73, No. 137 / Wednesday, July 16, 2008 / Rules and Regulations
nomenclature changes effected by the
transfer of CBP to the DHS.
Section 12.38 of the CBP regulations
(19 CFR 12.38), involving the labeling
requirements for shipments of liquor,
contains a typographical error in the
reference to ‘‘18 U.S.C. 1263 214’’. This
document amends § 12.38 to reflect the
correct statutory citation, which is ‘‘18
U.S.C. 1263’’.
Section 12.104b(a) of the CBP
regulations (19 CFR 12.104b(a)) contains
a table listing the State Parties to the
Convention on the Means of Prohibiting
and Preventing the Illicit Import,
Export, and Transfer of Ownership of
Cultural Property adopted by the
General Conference of the United
Nations Educational, Scientific, and
Cultural Organization (UNESCO). As the
State Party of Colombia, in the table, is
misspelled, this document amends
§ 12.104b(a) to correct the spelling error.
Section 18.7(a) of the CBP regulations
(19 CFR 18.7(a)), involving reporting
requirements upon the arrival of any
portion of an in-bond shipment at the
port of exportation, contains an error in
the parenthetical expression in the first
sentence. The conjunction ‘‘and’’ is
missing between the words ‘‘document’’
and ‘‘any’’. This document amends
§ 18.7(a) to correct the error to make
clear that the carrier is required to
submit the in-bond document and any
related carnet.
Section 24.3a(c)(1) of the CBP
regulations (19 CFR 24.3a(c)(1)),
concerning the determination of the rate
of interest to be charged on overdue CBP
bills, is being amended in this
document to reflect that the applicable
interest rates are determined by the
Internal Revenue Service and published
by CBP on a quarterly basis, rather than
on a semiannual basis as this provision
currently provides.
Section 24.3a(d)(1) of the CBP
regulations (19 CFR 24.3a(d)(1))
provides for notification to the principal
of bills from CBP and sets forth those
elements that normally appear on
billing notices. Currently, the regulation
provides that the principal is to be
notified at the time of the initial billing,
and every 30 days after the due date
until the bill is paid or otherwise closed.
In order to remedy the situation where
notifications are repeatedly returned to
CBP for non-delivery, § 24.3a(d)(1) is
being amended to state that when a
notification is returned to CBP because
of an incorrect mailing address, the
billing may be stopped. Section 24.3a is
also being updated in this document by
replacing references to ‘‘Customs’’ with
‘‘CBP’’.
Section 24.24(e) of the CBP
regulations (19 CFR 24.24(e)),
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concerning the procedures for making
quarterly payments and supplemental
payments of harbor maintenance fees
and for requesting refunds of such fees,
contains incorrect mailing addresses in
paragraphs (e)(1)(ii), (e)(2)(iii), and
(e)(4)(i). The mailing addresses are being
updated to reflect the Indianapolis,
Indiana address to which payments
should be sent. It is noted that payments
sent to an outdated address will be
automatically forwarded to the correct
address. The mailing address in
§ 24.24(e) to which requests for refunds
of harbor maintenance fees are to be
sent is also being updated. In addition,
§ 24.24(e) is being amended by replacing
references to ‘‘Customs’’ and ‘‘U.S.
Customs Service’’ with ‘‘CBP’’ and ‘‘U.S.
Customs and Border Protection’’,
respectively.
Section 24.24(g) of the CBP
regulations (19 CFR 24.24(g)),
concerning the maintenance of
documentation necessary for Customs to
verify the accuracy of fee computations,
is being amended in this document to
correct an outdated office name and
mailing address.
Section 101.6 of the CBP regulations
(19 CFR 101.6), pertaining to the hours
of business for CBP offices, contains a
list of national holidays in paragraph
(a). This list is being updated in this
document by adding the national
holiday honoring the birthday of Martin
Luther King, Jr. on the third Monday in
January. This federal holiday was
enacted by Congress in 1983 (see 5
U.S.C. 6103). Section 101.6 is also being
amended in this document by replacing
references to ‘‘Customs’’ and
‘‘Commissioner of Customs’’ with
‘‘CBP’’ and ‘‘Commissioner of Customs
and Border Protection’’, respectively.
Section 103.31(e) of the CBP
regulations (19 CFR 103.31(e)),
providing for access to information on
vessel manifests and summary statistical
reports, and for the submission of
written requests for manifest data on
magnetic tapes, is being amended in this
document to reflect the change in the
agency name and to correct outdated
office names, addresses and phone
numbers. In addition, as CBP no longer
issues magnetic tapes but instead uses
CD–ROMs, this document also amends
§ 102.31(e) to reflect this current
technology.
Section 115.6(c) of the CBP
regulations (19 CFR 115.6(c)), regarding
the designated certifying authority for
containers and road vehicles for
international transport, is being
amended to update the address of the
National Cargo Bureau, Inc.
The specific authority for § 123.2 of
the CBP regulations (19 CFR 123.2),
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relating to penalties for failure to report
arrival from Mexico or Canada or for
proceeding without a permit, is cited as
‘‘19 U.S.C. 1460’’. However, that
provision was repealed by Pub. L. 99–
570, title III, § 3115(b), 100 Stat. 3207–
82 (October 27, 1986). Accordingly, part
123 of the CBP regulations (19 CFR part
123) is being amended in this document
to reflect the correct authority citation
for § 123.2, which is 19 U.S.C. 1459.
Paragraphs (a) and (b) of § 134.3 of the
CBP regulations (19 CFR 134.3(a) and
(b)), concerning the delivery and
redelivery requirements applicable to
imported goods that are not properly
marked with their country of origin, is
being amended in this document by
replacing references to ‘‘Customs’’ with
‘‘CBP’’. Section 134.3(b) is also being
amended to correct a typographical
error at the beginning of the second
sentence by replacing the lower case ‘‘a’’
with an upper case ‘‘A’’.
In § 141.102(a) of the CBP regulations
(19 CFR 141.102(a)), regarding when the
payment of internal revenue taxes for
cigars and cigarettes is not required, the
cross-reference to ‘‘§ 11.2(a)’’ should
properly read ‘‘§ 11.2a’’. This document
amends § 141.102(a) accordingly.
Section § 177.21 of the CBP
regulations (19 CFR 177.21), regarding
the issuance of country-of-origin
advisory rulings and final
determinations for Government
procurement purposes, contains
outdated citations to the ‘‘Federal
Procurement Regulations (41 CFR part
1–6)’’ and the ‘‘Defense Acquisition
Regulations (32 CFR section VI)’’. These
regulations were re-codified and moved
to Title 48 of the Code of Federal
Regulations. The re-codification does
not change the substance of these laws,
but merely reorganizes them. This
document amends § 177.21 to reflect
that the Federal Acquisition Regulations
are found in chapter 1 of Title 48, and
the Defense Acquisition Regulations are
found in chapter 2 of Title 48.
Section 181.93(a) of the CBP
regulations (19 CFR 181.93(a)) is being
amended in this document to reflect the
change in the agency name, as well as
to update the addresses to which
NAFTA advance ruling requests should
be sent.
Inapplicability of Notice and Delayed
Effective Date
Because the technical corrections set
forth in this document merely conform
to existing law and regulation, CBP
finds that good cause exists for
dispensing with notice and public
procedure as unnecessary under 5
U.S.C. 553(b)(B). For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP
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finds that good cause exists for
dispensing with the requirement for a
delayed effective date.
Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Executive Order 12866
These amendments do not meet the
criteria for a ‘‘significant regulatory
action’’ as specified in Executive Order
12866.
Signing Authority
This document is limited to technical
corrections of the CBP regulations.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b)(1).
List of Subjects
19 CFR Part 4
Administrative practice and
procedure, Cargo vessels, Coastal zone,
Coastwise trade, Common carriers,
Customs duties and inspection, Freight,
Imports, Inspection, Landing, Maritime
carriers, Merchandise, Shipping,
Vessels.
19 CFR Part 7
Customs duties and inspection,
Imports, Insular possessions, Reporting
and recordkeeping requirements.
19 CFR Part 12
Cultural property, Customs duties and
inspection, Entry of merchandise,
Imports, Labeling, Licensing, Liquor,
Marking.
19 CFR Part 18
Bonds, Common carriers, Customs
duties and inspection, Exports,
Merchandise in transit, Reporting and
recordkeeping requirements,
Transportation in bond.
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19 CFR Part 24
Accounting, Claims, Customs duties
and inspection, Fees, Financial and
accounting procedures, Reporting and
recordkeeping requirements.
19 CFR Part 101
Administrative practice and
procedure, Customs duties and
inspection, Exports, Imports,
Organization and functions
(Government agencies), Reporting and
recordkeeping requirements.
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§ 0.1
Administrative practice and
procedure, Computer technology,
Confidential business information,
Electronic filing, Exports, Freedom of
Information, Imports, Law enforcement,
Privacy, Reporting and recordkeeping
requirements.
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19 CFR Part 115
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[Amended]
2. In § 0.1, paragraph (a)(1) is
amended by removing the words
‘‘Customs regulations’’ each place they
appear in the first sentence and adding,
in their place, the words ‘‘CBP
regulations’’.
§ 0.2
[Amended]
3. In § 0.2, the section heading and
paragraph (a) are each amended by
removing the words ‘‘Customs
regulations’’ and adding, in their place,
the words ‘‘CBP regulations’’.
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Containers, Customs duties and
inspection, Freight, International
conventions, Reporting and
recordkeeping requirements.
19 CFR Part 123
Administrative practice and
procedure, Customs duties and
inspection, Imports, International
boundaries (Land border), Reporting
and recordkeeping requirements,
Vehicles, Vessels.
19 CFR Part 134
19 CFR Part 0
Transferred or Delegated Authority,
Departments of the Treasury and
Homeland Security.
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19 CFR Part 103
Country of origin, Customs duties and
inspection, Imports, Labeling, Marking,
Packaging and containers, Reporting
and recordkeeping requirements.
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
4. The general authority citation for
part 4, CBP regulations, continues to
read, and the specific authority citations
for certain sections within part 4 are
revised to read, as follows:
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Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C.
501, 60105.
Section 4.1 also issued under 19 U.S.C.
1581(a); 46 U.S.C. 60101;
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19 CFR Part 141
Customs duties and inspection, Entry
of merchandise, Reporting and
recordkeeping requirements.
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Section 4.3 also issued under 19 U.S.C.
288, 1441;
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Section 4.7 also issued under 19 U.S.C.
1581(a); 46 U.S.C. 12139, 12151;
19 CFR Part 177
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Administrative practice and
procedure, Customs duties and
inspection, Government procurement,
Reporting and recordkeeping
requirements, Rulings, Trade
agreements.
Section 4.20 also issued under 46 U.S.C.
2107(b), 8103, 14306, 14502, 14511–14513,
14701, 14702, 60301–60306, 60312;
Section 4.21 also issued under 19 U.S.C.
1441; 46 U.S.C. 60301–60310, 60312;
19 CFR Part 181
Administrative practice and
procedure, Canada, Customs duties and
inspection, Imports, Mexico, Reporting
and recordkeeping requirements, Trade
agreements.
Amendments to CBP Regulations
For the reasons set forth above, parts
0, 4, 7, 12, 18, 24, 101, 103, 115, 123,
134, 141, 177, and 181 of the CBP
regulations (19 CFR parts 0, 4, 7, 12, 18,
24, 101, 103, 115, 123, 134, 141, 177,
and 181) are amended as set forth
below.
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PART 0—TRANSFERRED OR
DELEGATED AUTHORITY
1. The authority citation for part 0,
CBP Regulations, continues to read as
follows:
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Authority: 5 U.S.C. 301, 6 U.S.C. 101 et
seq., 19 U.S.C. 66, 19 U.S.C. 1624, 31 U.S.C.
321.
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Section 4.36 also issued under 19 U.S.C.
1431, 1457, 1458; 46 U.S.C. 60107;
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Section 4.61 also issued under 46 U.S.C.
12101, 12120, 12132, 55102, 55105–55108,
55110, 55115–55117, 55119;
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Section 4.66 also issued under 46 U.S.C.
60105;
Section 4.66a also issued under 33 U.S.C.
1321; 46 U.S.C. 60105;
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Section 4.68 also issued under 46 U.S.C.
44101–44106;
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Section 4.74 also issued under 46 U.S.C.
60105;
Section 4.75 also issued under 46 U.S.C.
60105;
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Sections 4.80, 4.80a, and 4.80b also issued
under 19 U.S.C. 1706a; 28 U.S.C. 2461 note;
46 U.S.C. 12112, 12118, 50501–55106, 55107,
55108, 55110, 55114, 55115, 55116, 55117,
55119, 56101, 55121, 56101, 57109; Pub. L.
108–7, Division B, Title II, § 211;
Section 4.81 also issued under 19 U.S.C.
1442, 1486; 46 U.S.C. 12101, 12120, 12132,
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55102, 55105–55108, 55110, 55114–55117,
55119;
Section 4.81a also issued under 46 U.S.C.
12101, 12120, 12132, 55102, 55105–55108,
55110, 55114–55117, 55119;
Section 4.82 also issued under 19 U.S.C.
293, 294; 46 U.S.C. 60308;
Section 4.83 also issued under 46 U.S.C.
60105, 60308;
Section 4.84 also issued under 46 U.S.C.
12118;
5. In § 4.0, paragraph (c) is amended:
a. By removing the words ‘‘(3) Great
Lakes endorsement (generally, entitles a
vessel to engage in the coastwise trade
on the Great Lakes and their tributary
and connecting waters, in trade with
Canada, and in other employments for
which another endorsement is not
required),’’ in the second sentence;
I b. By removing the parenthetical
numbers ‘‘(4)’’ and ‘‘(5)’’ in the second
sentence and adding in their place the
parenthetical numbers ‘‘(3)’’ and ‘‘(4)’’,
respectively; and
I c. By removing the words ‘‘, Great
Lakes,’’ in the fourth sentence.
entitled to or, except for its tonnage,
would be entitled to a coastwise license.
Such a vessel shall not be documented
for nor engage in the foreign trade or the
fisheries and shall not transport
merchandise or passengers coastwise for
hire except as a service for a parent or
a subsidiary corporation as defined in
the aforesaid Act or while under demise
or bareboat charter at prevailing rates for
use otherwise than in trade with
noncontiguous territory of the United
States to a common or contract carrier
subject to Part III of the Interstate
Commerce Act, as amended (49 U.S.C.
901 through 923), which otherwise
qualifies as a citizen of the United States
under section 2 of the Shipping Act,
1916, as amended (46 U.S.C. 50501),
and which is not connected, directly or
indirectly, by way of ownership or
control with such owning corporation.
(e) No vessel which has acquired the
lawful right to engage in the coastwise
trade, by virtue of having been built or
documented under the laws of the
United States, will have the right to
engage in such trade if it:
(1) Thereafter has been sold foreign in
whole or in part or placed under foreign
registry, unless such vessel is 200 gross
tons or less (as measured under chapter
143 of title 46, United States Code); or
(2) Has been rebuilt, unless the entire
rebuilding, including the construction
of any major components of the hull or
superstructure of the vessel, was
effected within the United States.
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§ 4.60
§ 4.82
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Section 4.92 also issued under 28 U.S.C.
2461 note; 46 U.S.C. 55111;
Section 4.93 also issued under 19 U.S.C.
1322(a); 46 U.S.C. 12101, 12120, 12132,
55102, 55105–55108, 55110, 55114–55117,
55119;
Section 4.94 also issued under 19 U.S.C.
1441; 46 U.S.C. 60504;
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Section 4.96 also issued under 46 U.S.C.
12101(a)(1), 12108, 55114;
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§ 4.0
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[Amended]
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[Amended]
6. Section 4.60 is amended by
removing paragraph (b)(2) and by
redesignating paragraphs (b)(3) and
(b)(4) as paragraphs (b)(2) and (b)(3),
respectively.
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7. Section 4.80 is amended by revising
paragraphs (a)(2), (d), and (e) to read as
follows:
§ 4.87
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8. In § 4.82, paragraph (c) is amended
by removing the words ‘‘unless the
vessel is properly operating under a
document with Great Lakes license
endorsement’’ in the first sentence.
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§ 4.80 Vessels entitled to engage in
coastwise trade.
(a) * * *
(2) Owned by a citizen, is exempt
from documentation, and is entitled to
or, except for its tonnage, would be
entitled to be documented with a
coastwise endorsement.
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(d) No vessel owned by a corporation
which is a citizen of the United States
under the Act of September 2, 1958 (46
U.S.C. 12118), shall be used in any trade
other than the coastwise and shall not
be used in that trade unless it is
properly documented for such use or is
exempt from documentation and is
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[Amended]
9. In § 4.87, paragraph (a) is amended
by removing the words ‘‘or, where
appropriate, a Great Lakes license’’.
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§ 4.88
[Amended]
10. In § 4.88, paragraph (a) is amended
by removing the words ‘‘or, where
appropriate, a Great Lakes license’’.
I
§ 4.90
PART 7—CUSTOMS RELATIONS WITH
INSULAR POSSESSIONS AND
GUANTANAMO BAY NAVAL STATION
13. The authority citation for part 7,
CBP regulations, continues to read as
follows:
I
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1623, 1624; 48 U.S.C. 1406i.
§ 7.2
[Amended]
[Amended]
14. In § 7.2, paragraph (c) is amended
by removing the words ‘‘United States
Customs Service’’ in the first sentence
and adding, in their place, the words
‘‘U.S. Customs and Border Protection’’.
I
§ 7.3
[Amended]
15. In § 7.3, paragraph (f)(1) is
amended by removing the words
‘‘Customs Form 3229’’ in the first
sentence and adding in their place the
words ‘‘CBP Form 3229’’.
I
§ 7.4
[Amended]
16. Section 7.4 is amended by
removing the word ‘‘Customs’’ each
place it appears and adding, in its place,
the term ‘‘CBP’’.
I
PART 12—SPECIAL CLASSES OF
MERCHANDISE
17. The general authority citation for
part 12, CBP regulations, continues to
read as follows:
I
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)),
1624;
*
[Amended]
40725
*
§ 12.38
*
*
*
[Amended]
18. Section 12.38 is amended by
removing the number ‘‘214’’.
I
§ 12.104b
[Amended]
19. In § 12.104b, paragraph (a) is
amended in the ‘‘State Party’’ column by
removing the word ‘‘Columbia’’ and
adding, in its place, the word
‘‘Colombia’’.
I
PART 18—TRANSPORTATION IN
BOND AND MERCHANDISE IN
TRANSIT
20. The general authority citation for
part 18, CBP regulations, continues to
read as follows:
I
11. In § 4.90, paragraph (d) is
amended by removing the words ‘‘or,
where appropriate, a Great Lakes
license’’.
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States), 1551, 1552,
1553, 1623, 1624;
§ 4.92
*
I
[Amended]
12. Section 4.92 is amended by
removing the words ‘‘or Great Lakes’’ in
the first sentence.
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§ 18.7
*
*
*
*
[Amended]
21. In § 18.7, paragraph (a) is amended
by adding the word ‘‘and’’ between the
I
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words ‘‘document’’ and ‘‘any’’ in the
parenthetical text in the first sentence.
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
22. The general authority citation for
part 24, CBP regulations, continues to
read as follows:
I
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.).
*
*
*
*
*
23. In § 24.3a:
a. The section heading and paragraphs
(a) and (b) are amended by removing the
word ‘‘Customs’’ each place it appears
and adding, in its place, the term
‘‘CBP’’;
I b. Paragraph (c)(1) is revised;
I c. Paragraph (c)(5) is amended by
removing the word ‘‘Customs’’ and
adding, in its place, the term ‘‘CBP’’;
I d. The introductory text to paragraph
(d)(1) is revised; and
I e. Paragraph (d)(1)(vii), the
introductory text to paragraph (d)(2)(i),
and paragraphs (d)(2)(i)(H) and (d)(2)(ii)
are amended by removing the word
‘‘Customs’’ and adding, in its place, the
term ‘‘CBP’’.
The revisions read as follows:
I
I
§ 24.3a CBP bills; interest assessment;
delinquency; notice to principal and surety.
dwashington3 on PRODPC61 with RULES
*
*
*
*
*
(c) * * *
(1) The percentage rate of interest to
be charged on such bills will be based
upon the quarterly rate(s) established
under sections 6621 and 6622 of the
Internal Revenue Code of 1954 (26
U.S.C. 6621, 6622). The current rate of
interest will appear on the CBP bill and
may be obtained from the IRS or the
CBP Office of Finance, Indianapolis,
Indiana. For the convenience of the
importing public and CBP personnel,
CBP publishes the current interest
rate(s) in the Customs Bulletin and
Decisions and Federal Register on a
quarterly basis.
*
*
*
*
*
(d) Notice—(1) Principal. The
principal will be notified at the time of
the initial billing, and every 30 days
after the due date until the bill is paid
or otherwise closed. Where the
notification is returned to CBP due to an
incorrect mailing address, the bill may
be stopped. The following elements will
normally appear on the bill:
*
*
*
*
*
§ 24.24
I
[Amended]
24. In § 24.24:
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a. Paragraph (e)(1)(ii) is amended by
removing the words ‘‘Customs Form
349, to U.S. Customs Service, P.O. Box
70915, Chicago, Illinois 60673–0915’’
and adding, in their place, the words
‘‘CBP Form 349, to: U.S. Customs and
Border Protection, 6650 Telecom Drive,
Suite 100, Indianapolis, IN 46278’’;
I b. Paragraph (e)(2)(iii) is amended by
removing the words ‘‘Customs Form
349, to U.S. Customs Service, P.O. Box
70915, Chicago, Illinois 60673–0915’’
and adding, in their place, the words
‘‘CBP Form 349, to: U.S. Customs and
Border Protection, 6650 Telecom Drive,
Suite 100, Indianapolis, IN 46278’’;
I c. Paragraph (e)(4)(i) is amended by
removing the fourth sentence and
adding, in its place, ‘‘The address to
mail supplemental payments of
quarterly paid harbor maintenance fees
is: U.S. Customs and Border Protection,
6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278.’’;
I d. Paragraph (e)(4)(i) is further
amended by removing the words ‘‘U.S.
Customs Service, HMT Refunds, 6026
Lakeside Blvd., Indianapolis, IN 46278’’
in the last (fifth) sentence and adding,
in their place, the words ‘‘U.S. Customs
and Border Protection, 6650 Telecom
Drive, Suite 100, Indianapolis, IN
46278.’’
I e. Paragraph (g) is amended by
removing the words ‘‘Director,
Accounting Services—Accounts
Receivable, P.O. Box 68903,
Indianapolis, Indiana 46268’’ in the
third sentence and adding, in their
place, the words ‘‘Director, Revenue
Division, 6650 Telecom Drive, Suite
100, Indianapolis, IN 46278’’; and
I f. Paragraph (g) is further amended by
removing the words ‘‘Director of
Accounting Services, shall’’ in the
fourth sentence and adding, in their
place, the words ‘‘Director, Revenue
Division, must’’.
I
PART 101—GENERAL PROVISIONS
25. The general authority citation for
part 101, CBP regulations, continues to
read as follows:
I
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
*
*
*
*
*
26. In § 101.6:
a. The introductory text to the section
is amended by removing the word
‘‘Customs’’ each place it appears and
adding, in its place, the term ‘‘CBP’’;
I b. The introductory text to paragraph
(a) is amended by removing the word
‘‘Customs’’ and adding, in its place, the
term ‘‘CBP’’;
I c. Paragraph (a) is further amended by
re-designating paragraphs (a)(2) through
I
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(a)(9) as paragraphs (a)(3) through
(a)(10), respectively, and by adding a
new paragraph (a)(2);
I d. Paragraph (b) is amended by adding
the words ‘‘and Border Protection’’
immediately following the words
‘‘Commissioner of Customs’’, and by
removing the word ‘‘Customs’’
immediately before the word ‘‘office’’
and adding, in its place, the term
‘‘CBP’’; and
I e. Paragraphs (c) through (g),
including the headings to paragraphs (e)
through (g), are amended by removing
the word ‘‘Customs’’ each place it
appears and adding, in its place, the
term ‘‘CBP’’.
The addition reads as follows:
§ 101.6
Hours of business.
*
*
*
*
*
(a) * * *
(2) The third Monday of January.
*
*
*
*
*
PART 103—AVAILABILITY OF
INFORMATION
27. The general authority citation for
part 103, CBP regulations, and the
specific authority for § 103.31 continue
to read as follows:
I
Authority: 5 U.S.C. 301, 552, 552a; 19
U.S.C. 66, 1624; 31 U.S.C. 9701. (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1623, 1624, 1646a.
Section 103.31 also issued under 19 U.S.C.
1431.
*
*
§ 103.31
*
*
*
[Amended]
28. In § 103.31:
a. Paragraph (e) is amended by
removing the words ‘‘magnetic tapes’’ in
the paragraph heading and adding, in
their place, the term ‘‘CD–ROMS’’, by
removing the words ‘‘magnetic tape’’ in
paragraphs (e)(1) and (e)(3) and adding,
in their place, the term ‘‘CD–ROM’’, and
by removing the word ‘‘tapes’’ each
place it appears in paragraphs (e)(1) and
(e)(2) and adding, in its place, the term
‘‘CD–ROM’’;
I b. Paragraph (e)(2) is amended by
removing the words ‘‘U.S. Customs
Service, Accounting Services—
Accounts Receivable, P.O. Box 68907,
Indianapolis, Indiana 46278’’ in the first
sentence and adding, in their place, the
words ‘‘U.S. Customs and Border
Protection, National Finance Center,
Collections Section, P.O. Box 68907,
Indianapolis, Indiana 46268, or 6026
Lakeside Blvd., Indianapolis, Indiana
46278’’;
I b. Paragraph (e)(2) is further amended
by removing the words ‘‘Accounting
Services—Accounts Receivable at (317)
298–1330’’ in the third sentence and
I
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adding, in their place, the words
‘‘Collections Section at (317) 614–
4514’’;
I c. Paragraph (e)(2) is further amended
by removing the words ‘‘Customs Data
Center’’ in the fifth and eighth sentences
and adding, in their place, the words
‘‘CBP Data Center’’;
I d. Paragraph (e)(2) is further amended
by removing the word ‘‘Customs’’ in the
sixth and seventh sentences and adding,
in its place, the term ‘‘CBP’’; and
I e. Paragraph (e)(2) is further amended
by removing the words ‘‘U.S. Customs
Data Center, on (703–644–5200)’’ in the
last sentence and adding, in their place,
the words ‘‘CBP Data Center, on (703–
921–6000)’’.
PART 115—CARGO CONTAINER AND
ROAD VEHICLE CERTIFICATION
PURSUANT TO INTERNATIONAL
CUSTOMS CONVENTIONS
29. The authority citation for part 115,
CBP regulations, continues to read as
follows:
I
Authority: 5 U.S.C. 301, 19 U.S.C. 66,
1624; E.O. 12445 of October 17, 1983.
§ 115.6
by removing the word ‘‘shall’’ and
adding, in its place, the word ‘‘will’’;
and
I b. The paragraph (b) introductory text
is amended by removing the word
‘‘Customs’’ and adding, in its place, the
term ‘‘CBP’’, by removing the lower case
‘‘a’’ at the beginning of the second
sentence and adding, in its place, the
upper case ‘‘A’’, and by removing the
word ‘‘shall’’ in the second sentence
and adding, in its place, the word
‘‘will’’.
PART 141—ENTRY OF MERCHANDISE
34. The general authority citation for
part 141, CBP regulations, continues to
read as follows:
I
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
*
*
§ 141.102
*
*
*
[Amended]
35. In § 141.102, paragraph (a) is
amended by removing the reference to
‘‘§ 11.2(a)’’ and adding in its place
‘‘§ 11.2a’’.
I
PART 177—ADMINISTRATIVE
RULINGS
[Amended]
26 CFR Part 1
§ 177.21
*
*
*
*
[Amended]
37. Section 177.21 is amended by
removing the words ‘‘Federal
Procurement Regulations (41 CFR part
1–6)’’ and adding, in their place, the
words ‘‘Federal Acquisition Regulations
(48 CFR chapter 1)’’, and by removing
the parenthetical citation ‘‘(32 CFR
section VI)’’ and adding, in its place, the
parenthetical citation ‘‘(48 CFR chapter
2)’’.
I
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States) (HTSUS), 1431, 1433, 1436,
1448, 1624, 2071 note.
*
Section 123.2 also issued under 19 U.S.C.
1459.
PART 181—NORTH AMERICAN FREE
TRADE AGREEMENT
*
I
*
*
*
*
38. The general authority citation for
part 181, CBP regulations, continues to
read as follows:
PART 134—COUNTRY OF ORIGIN
MARKING
32. The authority citation for part 134,
CBP regulations, continues to read as
follows:
dwashington3 on PRODPC61 with RULES
I
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 3314;
*
*
*
*
*
39. Section 181.93 is amended by
revising the second and third sentences
of paragraph (a) to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States), 1304, 1624.
I
§ 134.3
§ 181.93 Submission of advance ruling
requests.
[Amended]
33. In § 134.3:
a. Paragraph (a) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’, and
I
I
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BILLING CODE 9111–14–P
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States), 1502, 1624,
1625.
PART 123—CUSTOMS RELATIONS
WITH CANADA AND MEXICO
31. The general authority for part 123,
CBP regulations, continues to read, and
the specific authority for § 123.2 is
revised to read, as follows:
Dated: July 3, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E8–15622 Filed 7–15–08; 8:45 am]
DEPARTMENT OF THE TREASURY
I
I
request may be directed either to the
Commissioner of Customs and Border
Protection, Attention: Regulations and
Rulings, Office of International Trade,
U.S. Customs and Border Protection,
1300 Pennsylvania Avenue, NW. (Mint
Annex), Washington, DC 20229, or to
the National Commodity Specialist
Division, U.S. Customs and Border
Protection, One Penn Plaza, 10th Floor,
New York, NY 10119. For any subject
matter specified in § 181.92(b)(6)(ii),
(iii), or (iv) of this part, the request must
be directed to the Commissioner of
Customs and Border Protection,
Attention: Regulations and Rulings,
Office of International Trade, U.S.
Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint
Annex), Washington, DC 20229.
*
*
*
*
*
36. The authority citation for part 177,
CBP regulations, continues to read as
follows:
30. In § 115.6, paragraph (c) is
amended by removing the words ‘‘One
World Trade Center, Suite 2757, New
York, New York 10048’’ and adding, in
their place, the words ‘‘17 Battery Place,
Suite 1232, New York, New York
10004–1110’’.
I
40727
(a) * * * For any subject matter
specified in § 181.92(b)(6)(i), (v), (vi),
(vii), (viii), or (ix) of this part, the
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Internal Revenue Service
[TD 9416]
RIN 1545–BH74
Determining the Amount of Taxes Paid
for Purposes of Section 901
Internal Revenue Service (IRS),
Treasury.
ACTION: Final and temporary
regulations.
AGENCY:
SUMMARY: This document contains final
and temporary regulations under section
901 of the Internal Revenue Code
providing guidance relating to the
determination of the amount of taxes
paid for purposes of the foreign tax
credit.
The regulations affect taxpayers that
claim direct and indirect foreign tax
credits. The text of these temporary
regulations also serves as the text of the
proposed regulations (REG–156779–06)
published in the Proposed Rules section
in this issue of the Federal Register .
DATES: Effective Date: These regulations
are effective on July 16, 2008.
Applicability Dates: For dates of
applicability, see § 1.901–1T(j) and
§ 1.901–2T(h)(2).
FOR FURTHER INFORMATION CONTACT:
Michael Gilman, (202) 622–3850 (not a
toll-free number).
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]]>Agencies
[Federal Register Volume 73, Number 137 (Wednesday, July 16, 2008)]
[Rules and Regulations]
[Pages 40722-40727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15622]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
19 CFR Parts 0, 4, 7, 12, 18, 24, 101, 103, 115, 123, 134, 141,
177, and 181
[CBP Dec. 08-25]
Technical Corrections to Customs and Border Protection
Regulations
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Customs and Border Protection (CBP) periodically reviews its
regulations to ensure that they are current, correct, and consistent.
Through this review process, CBP discovered a number of discrepancies.
This document amends various sections of title 19 of the Code of
Federal Regulations to remedy those discrepancies.
DATES: The final rule is effective July 16, 2008.
FOR FURTHER INFORMATION CONTACT: Craig Walker, Regulations and Rulings,
Office of International Trade, (202) 572-8836.
SUPPLEMENTARY INFORMATION:
Background
It is the policy of Customs and Border Protection (CBP) to
periodically review its regulations (title 19 of the Code of Federal
Regulations) to ensure that they are as accurate and up-to-date as
possible so that the importing and general public are aware of CBP
programs, requirements, and procedures regarding import-related
activities. As part of this review policy, CBP has determined that
certain corrections are necessary affecting parts 0, 4, 7, 12, 18, 24,
101, 103, 115, 123, 134, 141, 177, and 181 of the CBP regulations (19
CFR parts 0, 4, 7, 12, 18, 24, 101, 103, 115, 123, 134, 141, 177, 181).
Discussion of Changes
Part 0 of the CBP regulations (19 CFR 0), concerning transferred or
delegated authority, is being amended to replace all references to
``Customs regulations'' with ``CBP regulations''. This is consistent
with the transfer of the legacy U.S. Customs Service of the Department
of the Treasury to the Department of Homeland Security (DHS) in 2003
and the subsequent renaming of the agency as U.S. Customs and Border
Protection by DHS on March 31, 2007 (see 72 FR 20131, dated April 23,
2007).
Certain specific authorities for part 4 of the CBP regulations (19
CFR part 4), concerning vessels in foreign and domestic trades, and
coastwise procedures, are being amended to reflect the reorganization
and re-codification of Title 46, United States Code (U.S.C.), pursuant
to Pub. L. 109-304, 120 Stat. 1632 (October 6, 2006). Title 46 includes
the coastwise laws (generally, the Jones Act and the Passenger Vessel
Services Act), as well as other navigation laws that are administered
by CBP. The re-codification does not change the substance of these
laws, but merely reorganizes them. Accordingly, the outdated citations
to the former Appendix to Title 46 in the specific authorities for part
4 are being removed, and the new citations to Title 46 are being added.
Part 4 of the CBP regulations contains references to the Great
Lakes endorsement of the Certification of Documentation issued by the
U.S. Coast Guard. Section 12107 of Title 46, United States Code (46
U.S.C. 12107), which pertained to the Great Lakes endorsement of U.S.
vessel documentation laws, was repealed by Pub. L. 104-324, Title XI,
Sec. 1115(a), 110 Stat. 3972 (Oct. 19, 1996). Accordingly, the
outdated references to the Great Lakes endorsement are being deleted
from Sec. Sec. 4.0(c), 4.60(b)(2), 4.80(a)(2), 4.80(d), 4.82(c),
4.87(a), 4.88(a), 4.90(d), and 4.92. In addition, Sec. 4.80(e),
relating to restrictions on coastwise trade, is being amended to
reflect amendments to the first and second provisos to 46 U.S.C. App.
883 (first proviso now found at 46 U.S.C. 12132(a), and second proviso
now found at 46 U.S.C. 12101(a) and 12132(b)) affected by Sec. 1120(e)
of Pub. L. 104-324.
Sections 7.2 through 7.4 of the CBP regulations (19 CFR 7.2-7.4),
relating to customs relations with U.S. insular possessions, are being
amended in this document to replace references to the ``United States
Customs Service'' and ``Customs'' with ``U.S. Customs and Border
Protection'' and ``CBP'', respectively, consistent with the
[[Page 40723]]
nomenclature changes effected by the transfer of CBP to the DHS.
Section 12.38 of the CBP regulations (19 CFR 12.38), involving the
labeling requirements for shipments of liquor, contains a typographical
error in the reference to ``18 U.S.C. 1263 214''. This document amends
Sec. 12.38 to reflect the correct statutory citation, which is ``18
U.S.C. 1263''.
Section 12.104b(a) of the CBP regulations (19 CFR 12.104b(a))
contains a table listing the State Parties to the Convention on the
Means of Prohibiting and Preventing the Illicit Import, Export, and
Transfer of Ownership of Cultural Property adopted by the General
Conference of the United Nations Educational, Scientific, and Cultural
Organization (UNESCO). As the State Party of Colombia, in the table, is
misspelled, this document amends Sec. 12.104b(a) to correct the
spelling error.
Section 18.7(a) of the CBP regulations (19 CFR 18.7(a)), involving
reporting requirements upon the arrival of any portion of an in-bond
shipment at the port of exportation, contains an error in the
parenthetical expression in the first sentence. The conjunction ``and''
is missing between the words ``document'' and ``any''. This document
amends Sec. 18.7(a) to correct the error to make clear that the
carrier is required to submit the in-bond document and any related
carnet.
Section 24.3a(c)(1) of the CBP regulations (19 CFR 24.3a(c)(1)),
concerning the determination of the rate of interest to be charged on
overdue CBP bills, is being amended in this document to reflect that
the applicable interest rates are determined by the Internal Revenue
Service and published by CBP on a quarterly basis, rather than on a
semiannual basis as this provision currently provides.
Section 24.3a(d)(1) of the CBP regulations (19 CFR 24.3a(d)(1))
provides for notification to the principal of bills from CBP and sets
forth those elements that normally appear on billing notices.
Currently, the regulation provides that the principal is to be notified
at the time of the initial billing, and every 30 days after the due
date until the bill is paid or otherwise closed. In order to remedy the
situation where notifications are repeatedly returned to CBP for non-
delivery, Sec. 24.3a(d)(1) is being amended to state that when a
notification is returned to CBP because of an incorrect mailing
address, the billing may be stopped. Section 24.3a is also being
updated in this document by replacing references to ``Customs'' with
``CBP''.
Section 24.24(e) of the CBP regulations (19 CFR 24.24(e)),
concerning the procedures for making quarterly payments and
supplemental payments of harbor maintenance fees and for requesting
refunds of such fees, contains incorrect mailing addresses in
paragraphs (e)(1)(ii), (e)(2)(iii), and (e)(4)(i). The mailing
addresses are being updated to reflect the Indianapolis, Indiana
address to which payments should be sent. It is noted that payments
sent to an outdated address will be automatically forwarded to the
correct address. The mailing address in Sec. 24.24(e) to which
requests for refunds of harbor maintenance fees are to be sent is also
being updated. In addition, Sec. 24.24(e) is being amended by
replacing references to ``Customs'' and ``U.S. Customs Service'' with
``CBP'' and ``U.S. Customs and Border Protection'', respectively.
Section 24.24(g) of the CBP regulations (19 CFR 24.24(g)),
concerning the maintenance of documentation necessary for Customs to
verify the accuracy of fee computations, is being amended in this
document to correct an outdated office name and mailing address.
Section 101.6 of the CBP regulations (19 CFR 101.6), pertaining to
the hours of business for CBP offices, contains a list of national
holidays in paragraph (a). This list is being updated in this document
by adding the national holiday honoring the birthday of Martin Luther
King, Jr. on the third Monday in January. This federal holiday was
enacted by Congress in 1983 (see 5 U.S.C. 6103). Section 101.6 is also
being amended in this document by replacing references to ``Customs''
and ``Commissioner of Customs'' with ``CBP'' and ``Commissioner of
Customs and Border Protection'', respectively.
Section 103.31(e) of the CBP regulations (19 CFR 103.31(e)),
providing for access to information on vessel manifests and summary
statistical reports, and for the submission of written requests for
manifest data on magnetic tapes, is being amended in this document to
reflect the change in the agency name and to correct outdated office
names, addresses and phone numbers. In addition, as CBP no longer
issues magnetic tapes but instead uses CD-ROMs, this document also
amends Sec. 102.31(e) to reflect this current technology.
Section 115.6(c) of the CBP regulations (19 CFR 115.6(c)),
regarding the designated certifying authority for containers and road
vehicles for international transport, is being amended to update the
address of the National Cargo Bureau, Inc.
The specific authority for Sec. 123.2 of the CBP regulations (19
CFR 123.2), relating to penalties for failure to report arrival from
Mexico or Canada or for proceeding without a permit, is cited as ``19
U.S.C. 1460''. However, that provision was repealed by Pub. L. 99-570,
title III, Sec. 3115(b), 100 Stat. 3207-82 (October 27, 1986).
Accordingly, part 123 of the CBP regulations (19 CFR part 123) is being
amended in this document to reflect the correct authority citation for
Sec. 123.2, which is 19 U.S.C. 1459.
Paragraphs (a) and (b) of Sec. 134.3 of the CBP regulations (19
CFR 134.3(a) and (b)), concerning the delivery and redelivery
requirements applicable to imported goods that are not properly marked
with their country of origin, is being amended in this document by
replacing references to ``Customs'' with ``CBP''. Section 134.3(b) is
also being amended to correct a typographical error at the beginning of
the second sentence by replacing the lower case ``a'' with an upper
case ``A''.
In Sec. 141.102(a) of the CBP regulations (19 CFR 141.102(a)),
regarding when the payment of internal revenue taxes for cigars and
cigarettes is not required, the cross-reference to ``Sec. 11.2(a)''
should properly read ``Sec. 11.2a''. This document amends Sec.
141.102(a) accordingly.
Section Sec. 177.21 of the CBP regulations (19 CFR 177.21),
regarding the issuance of country-of-origin advisory rulings and final
determinations for Government procurement purposes, contains outdated
citations to the ``Federal Procurement Regulations (41 CFR part 1-6)''
and the ``Defense Acquisition Regulations (32 CFR section VI)''. These
regulations were re-codified and moved to Title 48 of the Code of
Federal Regulations. The re-codification does not change the substance
of these laws, but merely reorganizes them. This document amends Sec.
177.21 to reflect that the Federal Acquisition Regulations are found in
chapter 1 of Title 48, and the Defense Acquisition Regulations are
found in chapter 2 of Title 48.
Section 181.93(a) of the CBP regulations (19 CFR 181.93(a)) is
being amended in this document to reflect the change in the agency
name, as well as to update the addresses to which NAFTA advance ruling
requests should be sent.
Inapplicability of Notice and Delayed Effective Date
Because the technical corrections set forth in this document merely
conform to existing law and regulation, CBP finds that good cause
exists for dispensing with notice and public procedure as unnecessary
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C.
553(d)(3), CBP
[[Page 40724]]
finds that good cause exists for dispensing with the requirement for a
delayed effective date.
Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Executive Order 12866
These amendments do not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
Signing Authority
This document is limited to technical corrections of the CBP
regulations. Accordingly, it is being signed under the authority of 19
CFR 0.1(b)(1).
List of Subjects
19 CFR Part 0
Transferred or Delegated Authority, Departments of the Treasury and
Homeland Security.
19 CFR Part 4
Administrative practice and procedure, Cargo vessels, Coastal zone,
Coastwise trade, Common carriers, Customs duties and inspection,
Freight, Imports, Inspection, Landing, Maritime carriers, Merchandise,
Shipping, Vessels.
19 CFR Part 7
Customs duties and inspection, Imports, Insular possessions,
Reporting and recordkeeping requirements.
19 CFR Part 12
Cultural property, Customs duties and inspection, Entry of
merchandise, Imports, Labeling, Licensing, Liquor, Marking.
19 CFR Part 18
Bonds, Common carriers, Customs duties and inspection, Exports,
Merchandise in transit, Reporting and recordkeeping requirements,
Transportation in bond.
19 CFR Part 24
Accounting, Claims, Customs duties and inspection, Fees, Financial
and accounting procedures, Reporting and recordkeeping requirements.
19 CFR Part 101
Administrative practice and procedure, Customs duties and
inspection, Exports, Imports, Organization and functions (Government
agencies), Reporting and recordkeeping requirements.
19 CFR Part 103
Administrative practice and procedure, Computer technology,
Confidential business information, Electronic filing, Exports, Freedom
of Information, Imports, Law enforcement, Privacy, Reporting and
recordkeeping requirements.
19 CFR Part 115
Containers, Customs duties and inspection, Freight, International
conventions, Reporting and recordkeeping requirements.
19 CFR Part 123
Administrative practice and procedure, Customs duties and
inspection, Imports, International boundaries (Land border), Reporting
and recordkeeping requirements, Vehicles, Vessels.
19 CFR Part 134
Country of origin, Customs duties and inspection, Imports,
Labeling, Marking, Packaging and containers, Reporting and
recordkeeping requirements.
19 CFR Part 141
Customs duties and inspection, Entry of merchandise, Reporting and
recordkeeping requirements.
19 CFR Part 177
Administrative practice and procedure, Customs duties and
inspection, Government procurement, Reporting and recordkeeping
requirements, Rulings, Trade agreements.
19 CFR Part 181
Administrative practice and procedure, Canada, Customs duties and
inspection, Imports, Mexico, Reporting and recordkeeping requirements,
Trade agreements.
Amendments to CBP Regulations
0
For the reasons set forth above, parts 0, 4, 7, 12, 18, 24, 101, 103,
115, 123, 134, 141, 177, and 181 of the CBP regulations (19 CFR parts
0, 4, 7, 12, 18, 24, 101, 103, 115, 123, 134, 141, 177, and 181) are
amended as set forth below.
PART 0--TRANSFERRED OR DELEGATED AUTHORITY
0
1. The authority citation for part 0, CBP Regulations, continues to
read as follows:
Authority: 5 U.S.C. 301, 6 U.S.C. 101 et seq., 19 U.S.C. 66, 19
U.S.C. 1624, 31 U.S.C. 321.
Sec. 0.1 [Amended]
0
2. In Sec. 0.1, paragraph (a)(1) is amended by removing the words
``Customs regulations'' each place they appear in the first sentence
and adding, in their place, the words ``CBP regulations''.
Sec. 0.2 [Amended]
0
3. In Sec. 0.2, the section heading and paragraph (a) are each amended
by removing the words ``Customs regulations'' and adding, in their
place, the words ``CBP regulations''.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
4. The general authority citation for part 4, CBP regulations,
continues to read, and the specific authority citations for certain
sections within part 4 are revised to read, as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 501, 60105.
Section 4.1 also issued under 19 U.S.C. 1581(a); 46 U.S.C.
60101;
* * * * *
Section 4.3 also issued under 19 U.S.C. 288, 1441;
* * * * *
Section 4.7 also issued under 19 U.S.C. 1581(a); 46 U.S.C.
12139, 12151;
* * * * *
Section 4.20 also issued under 46 U.S.C. 2107(b), 8103, 14306,
14502, 14511-14513, 14701, 14702, 60301-60306, 60312;
Section 4.21 also issued under 19 U.S.C. 1441; 46 U.S.C. 60301-
60310, 60312;
* * * * *
Section 4.36 also issued under 19 U.S.C. 1431, 1457, 1458; 46
U.S.C. 60107;
* * * * *
Section 4.61 also issued under 46 U.S.C. 12101, 12120, 12132,
55102, 55105-55108, 55110, 55115-55117, 55119;
* * * * *
Section 4.66 also issued under 46 U.S.C. 60105;
Section 4.66a also issued under 33 U.S.C. 1321; 46 U.S.C. 60105;
* * * * *
Section 4.68 also issued under 46 U.S.C. 44101-44106;
* * * * *
Section 4.74 also issued under 46 U.S.C. 60105;
Section 4.75 also issued under 46 U.S.C. 60105;
* * * * *
Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C.
1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12118, 50501-55106,
55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 56101,
55121, 56101, 57109; Pub. L. 108-7, Division B, Title II, Sec. 211;
Section 4.81 also issued under 19 U.S.C. 1442, 1486; 46 U.S.C.
12101, 12120, 12132,
[[Page 40725]]
55102, 55105-55108, 55110, 55114-55117, 55119;
Section 4.81a also issued under 46 U.S.C. 12101, 12120, 12132,
55102, 55105-55108, 55110, 55114-55117, 55119;
Section 4.82 also issued under 19 U.S.C. 293, 294; 46 U.S.C.
60308;
Section 4.83 also issued under 46 U.S.C. 60105, 60308;
Section 4.84 also issued under 46 U.S.C. 12118;
* * * * *
Section 4.92 also issued under 28 U.S.C. 2461 note; 46 U.S.C.
55111;
Section 4.93 also issued under 19 U.S.C. 1322(a); 46 U.S.C.
12101, 12120, 12132, 55102, 55105-55108, 55110, 55114-55117, 55119;
Section 4.94 also issued under 19 U.S.C. 1441; 46 U.S.C. 60504;
* * * * *
Section 4.96 also issued under 46 U.S.C. 12101(a)(1), 12108,
55114;
* * * * *
Sec. 4.0 [Amended]
0
5. In Sec. 4.0, paragraph (c) is amended:
0
a. By removing the words ``(3) Great Lakes endorsement (generally,
entitles a vessel to engage in the coastwise trade on the Great Lakes
and their tributary and connecting waters, in trade with Canada, and in
other employments for which another endorsement is not required),'' in
the second sentence;
0
b. By removing the parenthetical numbers ``(4)'' and ``(5)'' in the
second sentence and adding in their place the parenthetical numbers
``(3)'' and ``(4)'', respectively; and
0
c. By removing the words ``, Great Lakes,'' in the fourth sentence.
Sec. 4.60 [Amended]
0
6. Section 4.60 is amended by removing paragraph (b)(2) and by
redesignating paragraphs (b)(3) and (b)(4) as paragraphs (b)(2) and
(b)(3), respectively.
0
7. Section 4.80 is amended by revising paragraphs (a)(2), (d), and (e)
to read as follows:
Sec. 4.80 Vessels entitled to engage in coastwise trade.
(a) * * *
(2) Owned by a citizen, is exempt from documentation, and is
entitled to or, except for its tonnage, would be entitled to be
documented with a coastwise endorsement.
* * * * *
(d) No vessel owned by a corporation which is a citizen of the
United States under the Act of September 2, 1958 (46 U.S.C. 12118),
shall be used in any trade other than the coastwise and shall not be
used in that trade unless it is properly documented for such use or is
exempt from documentation and is entitled to or, except for its
tonnage, would be entitled to a coastwise license. Such a vessel shall
not be documented for nor engage in the foreign trade or the fisheries
and shall not transport merchandise or passengers coastwise for hire
except as a service for a parent or a subsidiary corporation as defined
in the aforesaid Act or while under demise or bareboat charter at
prevailing rates for use otherwise than in trade with noncontiguous
territory of the United States to a common or contract carrier subject
to Part III of the Interstate Commerce Act, as amended (49 U.S.C. 901
through 923), which otherwise qualifies as a citizen of the United
States under section 2 of the Shipping Act, 1916, as amended (46 U.S.C.
50501), and which is not connected, directly or indirectly, by way of
ownership or control with such owning corporation.
(e) No vessel which has acquired the lawful right to engage in the
coastwise trade, by virtue of having been built or documented under the
laws of the United States, will have the right to engage in such trade
if it:
(1) Thereafter has been sold foreign in whole or in part or placed
under foreign registry, unless such vessel is 200 gross tons or less
(as measured under chapter 143 of title 46, United States Code); or
(2) Has been rebuilt, unless the entire rebuilding, including the
construction of any major components of the hull or superstructure of
the vessel, was effected within the United States.
* * * * *
Sec. 4.82 [Amended]
0
8. In Sec. 4.82, paragraph (c) is amended by removing the words
``unless the vessel is properly operating under a document with Great
Lakes license endorsement'' in the first sentence.
Sec. 4.87 [Amended]
0
9. In Sec. 4.87, paragraph (a) is amended by removing the words ``or,
where appropriate, a Great Lakes license''.
Sec. 4.88 [Amended]
0
10. In Sec. 4.88, paragraph (a) is amended by removing the words ``or,
where appropriate, a Great Lakes license''.
Sec. 4.90 [Amended]
0
11. In Sec. 4.90, paragraph (d) is amended by removing the words ``or,
where appropriate, a Great Lakes license''.
Sec. 4.92 [Amended]
0
12. Section 4.92 is amended by removing the words ``or Great Lakes'' in
the first sentence.
PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO
BAY NAVAL STATION
0
13. The authority citation for part 7, CBP regulations, continues to
read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i.
Sec. 7.2 [Amended]
0
14. In Sec. 7.2, paragraph (c) is amended by removing the words
``United States Customs Service'' in the first sentence and adding, in
their place, the words ``U.S. Customs and Border Protection''.
Sec. 7.3 [Amended]
0
15. In Sec. 7.3, paragraph (f)(1) is amended by removing the words
``Customs Form 3229'' in the first sentence and adding in their place
the words ``CBP Form 3229''.
Sec. 7.4 [Amended]
0
16. Section 7.4 is amended by removing the word ``Customs'' each place
it appears and adding, in its place, the term ``CBP''.
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
17. The general authority citation for part 12, CBP regulations,
continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
Sec. 12.38 [Amended]
0
18. Section 12.38 is amended by removing the number ``214''.
Sec. 12.104b [Amended]
0
19. In Sec. 12.104b, paragraph (a) is amended in the ``State Party''
column by removing the word ``Columbia'' and adding, in its place, the
word ``Colombia''.
PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT
0
20. The general authority citation for part 18, CBP regulations,
continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1551, 1552, 1553,
1623, 1624;
* * * * *
Sec. 18.7 [Amended]
0
21. In Sec. 18.7, paragraph (a) is amended by adding the word ``and''
between the
[[Page 40726]]
words ``document'' and ``any'' in the parenthetical text in the first
sentence.
PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE
0
22. The general authority citation for part 24, CBP regulations,
continues 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.).
* * * * *
0
23. In Sec. 24.3a:
0
a. The section heading and paragraphs (a) and (b) are amended by
removing the word ``Customs'' each place it appears and adding, in its
place, the term ``CBP'';
0
b. Paragraph (c)(1) is revised;
0
c. Paragraph (c)(5) is amended by removing the word ``Customs'' and
adding, in its place, the term ``CBP'';
0
d. The introductory text to paragraph (d)(1) is revised; and
0
e. Paragraph (d)(1)(vii), the introductory text to paragraph (d)(2)(i),
and paragraphs (d)(2)(i)(H) and (d)(2)(ii) are amended by removing the
word ``Customs'' and adding, in its place, the term ``CBP''.
The revisions read as follows:
Sec. 24.3a CBP bills; interest assessment; delinquency; notice to
principal and surety.
* * * * *
(c) * * *
(1) The percentage rate of interest to be charged on such bills
will be based upon the quarterly rate(s) established under sections
6621 and 6622 of the Internal Revenue Code of 1954 (26 U.S.C. 6621,
6622). The current rate of interest will appear on the CBP bill and may
be obtained from the IRS or the CBP Office of Finance, Indianapolis,
Indiana. For the convenience of the importing public and CBP personnel,
CBP publishes the current interest rate(s) in the Customs Bulletin and
Decisions and Federal Register on a quarterly basis.
* * * * *
(d) Notice--(1) Principal. The principal will be notified at the
time of the initial billing, and every 30 days after the due date until
the bill is paid or otherwise closed. Where the notification is
returned to CBP due to an incorrect mailing address, the bill may be
stopped. The following elements will normally appear on the bill:
* * * * *
Sec. 24.24 [Amended]
0
24. In Sec. 24.24:
0
a. Paragraph (e)(1)(ii) is amended by removing the words ``Customs Form
349, to U.S. Customs Service, P.O. Box 70915, Chicago, Illinois 60673-
0915'' and adding, in their place, the words ``CBP Form 349, to: U.S.
Customs and Border Protection, 6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278'';
0
b. Paragraph (e)(2)(iii) is amended by removing the words ``Customs
Form 349, to U.S. Customs Service, P.O. Box 70915, Chicago, Illinois
60673-0915'' and adding, in their place, the words ``CBP Form 349, to:
U.S. Customs and Border Protection, 6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278'';
0
c. Paragraph (e)(4)(i) is amended by removing the fourth sentence and
adding, in its place, ``The address to mail supplemental payments of
quarterly paid harbor maintenance fees is: U.S. Customs and Border
Protection, 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278.'';
0
d. Paragraph (e)(4)(i) is further amended by removing the words ``U.S.
Customs Service, HMT Refunds, 6026 Lakeside Blvd., Indianapolis, IN
46278'' in the last (fifth) sentence and adding, in their place, the
words ``U.S. Customs and Border Protection, 6650 Telecom Drive, Suite
100, Indianapolis, IN 46278.''
0
e. Paragraph (g) is amended by removing the words ``Director,
Accounting Services--Accounts Receivable, P.O. Box 68903, Indianapolis,
Indiana 46268'' in the third sentence and adding, in their place, the
words ``Director, Revenue Division, 6650 Telecom Drive, Suite 100,
Indianapolis, IN 46278''; and
0
f. Paragraph (g) is further amended by removing the words ``Director of
Accounting Services, shall'' in the fourth sentence and adding, in
their place, the words ``Director, Revenue Division, must''.
PART 101--GENERAL PROVISIONS
0
25. The general authority citation for part 101, CBP regulations,
continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624,
1646a.
* * * * *
0
26. In Sec. 101.6:
0
a. The introductory text to the section is amended by removing the word
``Customs'' each place it appears and adding, in its place, the term
``CBP'';
0
b. The introductory text to paragraph (a) is amended by removing the
word ``Customs'' and adding, in its place, the term ``CBP'';
0
c. Paragraph (a) is further amended by re-designating paragraphs (a)(2)
through (a)(9) as paragraphs (a)(3) through (a)(10), respectively, and
by adding a new paragraph (a)(2);
0
d. Paragraph (b) is amended by adding the words ``and Border
Protection'' immediately following the words ``Commissioner of
Customs'', and by removing the word ``Customs'' immediately before the
word ``office'' and adding, in its place, the term ``CBP''; and
0
e. Paragraphs (c) through (g), including the headings to paragraphs (e)
through (g), are amended by removing the word ``Customs'' each place it
appears and adding, in its place, the term ``CBP''.
The addition reads as follows:
Sec. 101.6 Hours of business.
* * * * *
(a) * * *
(2) The third Monday of January.
* * * * *
PART 103--AVAILABILITY OF INFORMATION
0
27. The general authority citation for part 103, CBP regulations, and
the specific authority for Sec. 103.31 continue to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31
U.S.C. 9701. (General Note 3(i), Harmonized Tariff Schedule of the
United States), 1623, 1624, 1646a.
Section 103.31 also issued under 19 U.S.C. 1431.
* * * * *
Sec. 103.31 [Amended]
0
28. In Sec. 103.31:
0
a. Paragraph (e) is amended by removing the words ``magnetic tapes'' in
the paragraph heading and adding, in their place, the term ``CD-ROMS'',
by removing the words ``magnetic tape'' in paragraphs (e)(1) and (e)(3)
and adding, in their place, the term ``CD-ROM'', and by removing the
word ``tapes'' each place it appears in paragraphs (e)(1) and (e)(2)
and adding, in its place, the term ``CD-ROM'';
0
b. Paragraph (e)(2) is amended by removing the words ``U.S. Customs
Service, Accounting Services--Accounts Receivable, P.O. Box 68907,
Indianapolis, Indiana 46278'' in the first sentence and adding, in
their place, the words ``U.S. Customs and Border Protection, National
Finance Center, Collections Section, P.O. Box 68907, Indianapolis,
Indiana 46268, or 6026 Lakeside Blvd., Indianapolis, Indiana 46278'';
0
b. Paragraph (e)(2) is further amended by removing the words
``Accounting Services--Accounts Receivable at (317) 298-1330'' in the
third sentence and
[[Page 40727]]
adding, in their place, the words ``Collections Section at (317) 614-
4514'';
0
c. Paragraph (e)(2) is further amended by removing the words ``Customs
Data Center'' in the fifth and eighth sentences and adding, in their
place, the words ``CBP Data Center'';
0
d. Paragraph (e)(2) is further amended by removing the word ``Customs''
in the sixth and seventh sentences and adding, in its place, the term
``CBP''; and
0
e. Paragraph (e)(2) is further amended by removing the words ``U.S.
Customs Data Center, on (703-644-5200)'' in the last sentence and
adding, in their place, the words ``CBP Data Center, on (703-921-
6000)''.
PART 115--CARGO CONTAINER AND ROAD VEHICLE CERTIFICATION PURSUANT
TO INTERNATIONAL CUSTOMS CONVENTIONS
0
29. The authority citation for part 115, CBP regulations, continues to
read as follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1624; E.O. 12445 of
October 17, 1983.
Sec. 115.6 [Amended]
0
30. In Sec. 115.6, paragraph (c) is amended by removing the words
``One World Trade Center, Suite 2757, New York, New York 10048'' and
adding, in their place, the words ``17 Battery Place, Suite 1232, New
York, New York 10004-1110''.
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO
0
31. The general authority for part 123, CBP regulations, continues to
read, and the specific authority for Sec. 123.2 is revised to read, as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States) (HTSUS), 1431, 1433, 1436,
1448, 1624, 2071 note.
* * * * *
Section 123.2 also issued under 19 U.S.C. 1459.
* * * * *
PART 134--COUNTRY OF ORIGIN MARKING
0
32. The authority citation for part 134, CBP regulations, continues to
read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1304, 1624.
Sec. 134.3 [Amended]
0
33. In Sec. 134.3:
0
a. Paragraph (a) is amended by removing the word ``Customs'' and adding
in its place the term ``CBP'', and by removing the word ``shall'' and
adding, in its place, the word ``will''; and
0
b. The paragraph (b) introductory text is amended by removing the word
``Customs'' and adding, in its place, the term ``CBP'', by removing the
lower case ``a'' at the beginning of the second sentence and adding, in
its place, the upper case ``A'', and by removing the word ``shall'' in
the second sentence and adding, in its place, the word ``will''.
PART 141--ENTRY OF MERCHANDISE
0
34. The general authority citation for part 141, CBP regulations,
continues to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
Sec. 141.102 [Amended]
0
35. In Sec. 141.102, paragraph (a) is amended by removing the
reference to ``Sec. 11.2(a)'' and adding in its place ``Sec. 11.2a''.
PART 177--ADMINISTRATIVE RULINGS
0
36. The authority citation for part 177, CBP regulations, continues to
read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1502, 1624, 1625.
Sec. 177.21 [Amended]
0
37. Section 177.21 is amended by removing the words ``Federal
Procurement Regulations (41 CFR part 1-6)'' and adding, in their place,
the words ``Federal Acquisition Regulations (48 CFR chapter 1)'', and
by removing the parenthetical citation ``(32 CFR section VI)'' and
adding, in its place, the parenthetical citation ``(48 CFR chapter
2)''.
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT
0
38. The general authority citation for part 181, CBP regulations,
continues to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 3314;
* * * * *
0
39. Section 181.93 is amended by revising the second and third
sentences of paragraph (a) to read as follows:
Sec. 181.93 Submission of advance ruling requests.
(a) * * * For any subject matter specified in Sec.
181.92(b)(6)(i), (v), (vi), (vii), (viii), or (ix) of this part, the
request may be directed either to the Commissioner of Customs and
Border Protection, Attention: Regulations and Rulings, Office of
International Trade, U.S. Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229, or to the
National Commodity Specialist Division, U.S. Customs and Border
Protection, One Penn Plaza, 10th Floor, New York, NY 10119. For any
subject matter specified in Sec. 181.92(b)(6)(ii), (iii), or (iv) of
this part, the request must be directed to the Commissioner of Customs
and Border Protection, Attention: Regulations and Rulings, Office of
International Trade, U.S. Customs and Border Protection, 1300
Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229.
* * * * *
Dated: July 3, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E8-15622 Filed 7-15-08; 8:45 am]
BILLING CODE 9111-14-P
