Changes in Procedures for Florence Agreement Program, 76571-76573 [E8-29128]
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Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
www.eere.energy.gov/buildings/
appliancelstandards. Anyone may
purchase a copy of the transcript from
the transcribing reporter.
Issued in Washington, DC, on December
11, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. E8–29944 Filed 12–16–08; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 301
[Docket No. 080102004–8005–01]
RIN 0625–AA75
Changes in Procedures for Florence
Agreement Program
AGENCY: Import Administration,
International Trade Administration
(‘‘ITA’’), Department of Commerce.
ACTION: Proposed rule.
Proposed Amendments
pwalker on PROD1PC71 with PROPOSALS
SUMMARY: This action invites public
comment on a proposal to amend the
regulations that govern the duty-free
entry of scientific instruments and
apparatus into the United States by
educational and nonprofit institutions.
The amendments are being proposed for
the purpose of making technical
changes required by the passage of the
Miscellaneous Trade and Technical
Corrections Act of 2004, updating the
regulations to comport with current
Customs and Border Protection (‘‘CBP’’)
practices and changes made in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) and adding a
Web site address for Statutory Import
Programs Staff (‘‘SIPS’’). We also
propose amending the regulations to
reflect the new nomenclature changes
made necessary by the transfer of the
legacy Customs Service of the
Department of the Treasury to the
Department of Homeland Security
(‘‘DHS’’).
DATES: Written comments must be
received on or before January 16, 2009.
ADDRESSES: Address written comments
to Jesse Cortes, Import Policy Analyst,
Subsidies Enforcement Office, Room
3713, U.S. Department of Commerce,
14th and Constitution Ave., NW.,
Washington, DC 20230, or electronically
via the Federal Government
e.rulemaking portal, https://
www.regulations.gov.
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FOR FURTHER INFORMATION CONTACT:
Jesse Cortes, (202) 482–3986, same
address as above.
SUPPLEMENTARY INFORMATION: The
Departments of Commerce and Treasury
(‘‘the Departments’’) and Customs and
Border Protection are proposing to
amend Part 301, Chapter III, Subtitle B
of Title 15 of the Code of Federal
Regulations relating to their
responsibilities under the Educational,
Scientific, and Cultural Materials
Importation Act of 1966 (the ‘‘Act’’;
Public Law 89–651, as amended by
Public Law 106–36; 80 Stat. 897). The
Act implements U.S. treaty obligations
under Annex D of the Florence
Agreement, relating to the import of
scientific instruments and apparatus.
Treaty signatories agreed to waive
duties on such imports if there is no
scientifically equivalent instrument
being manufactured in the country of
importation and the instrument is to be
used by a nonprofit institution
established for scientific research or
educational purposes.
ITA proposes to amend language in 15
CFR 301.8(a)(4) because references to
liquidation being suspended for a
period of 180 days from the date of
entry are not accurate and the reference
to ‘‘suspension’’ is misleading. Under 15
CFR part 301, an applicant desiring
duty-free entry of an instrument may
make a claim with CBP at the time of
entry of an instrument that the
instrument is entitled to duty-free
classification under subheading
9810.00.60, HTSUS. Currently, 15 CFR
301.8(a)(4)) states that liquidation of the
entry shall be suspended for a period of
180 days from the date of entry and that
the applicant must file a properly
stamped application form on or before
the end of this suspension period or the
entry will be liquidated without regard
to 9810.00.60, HTSUS. We are
proposing to amend 15 CFR 301.8(a)(4))
to delete any reference to the 180 day
time period in its entirety. The current
provision was promulgated in 1982 and
does not reflect the subsequent
amendments to 19 U.S.C. 1504. Under
current law, CBP has up to one year to
liquidate an entry before it is deemed
liquidated by operation of law. See 19
U.S.C. 1504. After the enactment of 19
U.S.C. 1504 in 1978, CBP generally
liquidated entries within 90 days of
entry. The 180-day period referenced in
the regulations was an exception.
Moreover, the use of the term
‘‘suspension’’ is misleading since the
governing statute (subchapter III,
chapter 98, HTSUS (19 U.S.C. 1202))
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76571
does not authorize a ‘‘suspension’’ of
liquidation. While there is no statutory
authority preventing CBP from
liquidating the entry at any time during
the one-year period after entry of the
merchandise, see Peer Chain Co. vs.
United States, 316 F. Supp. 2d 1357
(CIT 2004) CBP normally liquidates an
entry 315-days after entry is filed.
Importers should file a copy of the
stamped application as soon as possible
because CBP may liquidate the entry at
any time.
We also propose amending 15 CFR
301.8(c) to delete references to the
protest period for entries as the
referenced period is out-of-date due to
the statutory amendments made by the
Miscellaneous Trade and Technical
Corrections Act of 2004, Public Law
108–429, § 2103(2)(B)(ii), (iii) (codified
as amended at 19 U.S.C. 1514(c)(3)).
We further propose amending 15 CFR
301.3(b) to include the SIPS Web site
address to let interested parties know
that the application for duty-free entry
of scientific instruments (Form ITA–
338P) may be obtained from that Web
site.
The proposed rule would also amend
15 CFR 301.2(j) and (o) by removing the
references to spectrometers. This change
is proposed because Presidential
Proclamation 7011 of June 30, 1997,
made spectrometers free of duty. This
proposed rule would also add language
to 15 CFR 301.2(j) that describes an
appropriate example of ancillary
equipment.
Finally, pursuant to section 403 of the
Homeland Security Act of 2002 (Pub. L.
107–296) (2002), the U.S. Customs
Service was transferred from the
Department of the Treasury to the
Department of Homeland Security
(‘‘DHS’’). Under the Reorganization Plan
(Nov. 25, 2002), this transfer became
effective as of March 1, 2003. The
former Customs Service had been
redesignated as the Bureau of Customs
and Border Protection and pursuant to
section 872(a)(2) of the Homeland
Security Act (see 6 U.S.C. 452(a)(2)),
DHS notified Congress on January 18,
2007, that it was changing the name of
the Bureau of Customs and Border
Protection to ‘‘U.S. Customs and Border
Protection (CBP)’’ effective March 31,
2007 (see 72 FR 20131, April 23, 2007).
As a result of this reorganization, we
propose amending 15 CFR 301 by
replacing ‘‘U.S. Customs Service’’ and
similar references throughout the
regulations with its new designation,
‘‘Customs and Border Protection’’ or
CBP. We note that we are retaining the
‘‘Department of the Treasury’’ wherever
it occurs in the regulations for purposes
of the Florence Agreement Program
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76572
Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
pwalker on PROD1PC71 with PROPOSALS
because the Treasury Department did
not delegate this function to the
Secretary of Homeland Security (See
Treasury Department Order No. 100–16,
set forth in the appendix to Part 0 of title
19 of the Code of Federal Regulations).
As reflected in § 10.114 of the CBP
regulations (19 CFR 10.114), the
consolidated regulations of the
Commerce and Treasury Departments
relating to the entry of instruments and
apparatus for educational and scientific
institutions are contained in 15 CFR
part 301. With respect to the
responsibility of the Department of the
Treasury in issuing these joint
regulations, this document is being
issued under the authority of § 0.1(a)(1)
of the CBP Regulations (19 CFR
0.1(a)(1)). Accordingly, regulations for
which the Secretary of the Treasury
retains the sole authority to approve
pursuant to 19 CFR 0.1(a)(1) are signed
by the Secretary of the Treasury (or his
or her Treasury delegate), and by the
Commissioner of CBP, who is signing
this document as the delegate of the
Secretary of the Department of
Homeland Security.
Administrative Law Requirements
Regulatory Flexibility Act. In
accordance with the Regulatory
Flexibility Act (‘‘RFA’’), 5 U.S.C. 601 et
seq., the Chief Counsel for Regulation at
the Department of Commerce has
certified to the Chief Counsel for
Advocacy, Small Business
Administration, that the proposed rule,
if promulgated as final, will not have a
significant economic impact on a
substantial number of small entities.
The applicants for the duty-free entry of
scientific instruments and apparatus are
educational and non-profit institutions.
The proposed rulemaking would make
the necessary changes required by the
passage of the Miscellaneous Trade and
Technical Corrections Act of 2004,
update the regulations to comport with
current CBP practices and changes in
the HTSUS, add a Web site address for
SIPS and make necessary changes to
reflect the new designations that were
created when Customs became CBP.
Adoption of this rule would implement
the following changes: Extend the
liquidation period and, therefore, the
amount of time the applicant has to
submit a properly stamped copy of the
form ITA–338P to CBP before
liquidation occurs; remove the outdated
reference to a 90-day protest period;
remove outdated references to
spectrometers; add the SIPS Web site
address to let interested parties know
that the application for duty-free entry
of scientific instruments (Form ITA–
338P) can be obtained from the SIPS
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Web site; and make the necessary
changes to reflect the new nomenclature
changes made necessary by the transfer
of the legacy Customs Service of the
Department of the Treasury to DHS and
the subsequent enfolding of the U.S.
Customs Service into the Bureau of
Customs and Border Protection and then
its subsequent name change by DHS to
‘‘U.S. Customs and Border Protection’’
on March 31, 2007. There would be no
adverse economic impact from these
proposed changes.
This proposed rule also would not
change reporting or recordkeeping
requirements. The changes in the
regulations will also not duplicate,
overlap or conflict with other laws or
regulations. Consequently, the changes
are not expected to meet the RFA
criteria of having a ‘‘significant’’
economic effect on a ‘‘substantial
number’’ of small entities, as stated in
5 U.S.C. 603 et seq. Therefore, a
regulatory flexibility analysis was not
prepared.
Paperwork Reduction Act. This
proposed rulemaking does not contain
revised collection of information
requirements subject to review and
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995. Collection
activities are currently approved by the
Office of Management and Budget under
control number 0625–0037.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information unless
it displays a currently valid OMB
control number.
Executive Order 12866. It has been
determined that the proposed
rulemaking is not significant for
purposes of Executive Order 12866.
List of Subjects in 15 CFR Part 301
Administrative practice and
procedure, Customs duties and
inspection, Educational facilities,
Imports, Nonprofit organizations,
Scientific equipment.
For the reasons set forth in the
preamble, 15 CFR part 301 is proposed
to be amended as follows:
PART 301—[AMENDED]
1. The authority citation for part 301
continues to read as follows:
Authority: Sec. 6(c), Pub. L. 89–651, 80
Stat. 897, 899; Sec. 2402, Pub. L. 106–36, 113
Stat. 127, 168.
§ 301.1
[Amended]
2. Section 301.1 is amended by
removing ‘‘Secretary of the Treasury
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(U.S. Customs Service)’’ in paragraph
(c)(2) and adding ‘‘Customs and Border
Protection’’ in its place.
§ 301.2
[Amended]
3. Section 301.2 is amended as
follows:
a. Paragraph (b) is amended by
removing ‘‘Customs means the U.S.
Customs Service and ‘The
Commissioner’ means Commissioner of
the U.S. Customs Service’’ and adding
‘‘The Commissioner means
Commissioner of Customs and Border
Protection’’ in its place;
b. Paragraph (c) is amended by
removing ‘‘Customs Port’’ and adding
‘‘CBP Port’’ in its place;
c. The third sentence of paragraph (j)
is amended by removing ‘‘automatic
sampling equipment sold for use with a
variety of mass spectrometers’’ and
adding ‘‘a vacuum evaporator sold for
use with an electron microscope’’ in its
place;
d. Paragraph (o) is amended by
removing the words ‘‘mass
spectrometer’’ and ‘‘x-ray
spectrometer.’’.
§ 301.3
[Amended]
4. Section 301.3 is amended as
follows:
a. The first sentence of paragraph (b)
is amended by removing ‘‘20230, or’’
and adding ‘‘20230, the Web site at
https://ia.ita.doc.gov/sips/,
or’’ in its place;
b. Paragraph (c) is amended by
removing the words ‘‘U.S. Customs
Service, Department of the Treasury,’’
and adding ‘‘U.S. Customs and Border
Protection’’ in its place.
5. Section 301.8 is amended as
follows:
a. Paragraph (a)(4) is revised to read
as set forth below;
b. The second sentence of paragraph
(c) is amended by removing ‘‘, within 90
days after notice of liquidation’’.
§ 301.8 Instructions for entering
instruments through U.S. Customs and
Border Protection under subheading
9810.00.60, HTSUS.
*
*
*
*
*
(a) * * *
(4) If a claim for duty-free entry under
subheading 9810.00.60, HTSUS is made
but is not accompanied by a copy of the
properly stamped form, a deposit of the
estimated duty is required. Before the
entry is liquidated, the applicant must
file with the CBP Port a properly
stamped copy of the application form.
In the event that the CBP Port does not
receive a copy of the properly stamped
application form before liquidation, the
instrument shall be classified and
liquidated in the ordinary course,
E:\FR\FM\17DEP1.SGM
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Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
without regard for subheading
9810.00.60, HTSUS.
*
*
*
*
*
§§ 301.1, 301.2, 301.4, 301.5, 301.8, 301.9,
301.10 [Amended]
6. In addition to the amendments set
forth above, 15 CFR part 301 is amended
by removing ‘‘U.S. Customs Service’’,
‘‘U.S. Customs’’, or ‘‘Customs’’ and
adding ‘‘Customs and Border
Protection’’ in its place in the following
places:
a. Second sentence in § 301.1(d);
b. Fourth sentence in § 301.2(k);
c. Section 301.4 heading, and first
sentence of § 301.4(a) introductory text;
d. Second sentence in § 301.5(d)(ii);
e. Section 301.8 heading, § 301.8(a)(3),
(b) heading and first and second
sentences, and (d) first and second
sentences;
f. Section 301.9(b) and § 301.9(c); and
g. Second sentence in § 301.10(a).
§§ 301.7, 301.8, 301.9
[Amended]
7. In addition to the amendments set
forth above, 15 CFR part 301 is amended
by removing ‘‘Customs Port’’ and adding
‘‘CBP Port’’ in its place in the following
places:
a. First sentence in § 301.7(b);
b. Third and fourth sentences of
§ 301.8(a)(4); and
c. Third sentence of § 301.9(a).
David Spooner,
Assistant Secretary for Import
Administration, Department of Commerce.
W. Ralph Basham,
Commissioner, Customs and Border
Protection.
Timothy Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8–29128 Filed 12–16–08; 8:45 am]
BILLING CODE 3510–DS–P; 9111–14–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2007–0058]
RIN 0960–AG58
Use of Date of Written Statement as
Filing Date
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
pwalker on PROD1PC71 with PROPOSALS
ACTION:
SUMMARY: We propose to revise our
rules for protective filing after we
receive a written statement of intent to
claim Social Security benefits under
title II of the Social Security Act (the
Act). Specifically, we propose to revise
from 6 months to 60 days the time
period during which you must file an
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application for benefits after the date of
a notice we send explaining the need to
file an application. We are proposing
this revision to make the time period
used in the title II program consistent
with the time period used in other
programs we administer under the Act.
We believe that eliminating the
difference between the time periods in
the programs we administer would
make it easier for the public to
understand and follow our rules.
DATES: To be sure that your comments
are considered, we must receive them
by February 17, 2009.
ADDRESSES: You may submit comments
by any one of four methods-Internet,
facsimile, regular mail, or handdelivery. Commenters should not
submit the same comments multiple
times or by more than one method.
Regardless of which of the following
methods you choose, please state that
your comments refer to Docket No.
SSA–2007–0058 to ensure that we can
associate your comments with the
correct regulation:
1. Federal eRulemaking portal at
https://www.regulations.gov. (This is the
most expedient method for submitting
your comments, and we strongly urge
you to use it.) In the Comment or
Submission section of the Web page,
type ‘‘SSA–2007–0058’’, select ‘‘Go,’’
and then click ‘‘Send a Comment or
Submission.’’ The Federal eRulemaking
portal issues you a tracking number
when you submit a comment.
2. Telefax to (410) 966–2830.
3. Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, Maryland 21235–7703.
4. Deliver your comments to the
Office of Regulations, Social Security
Administration, 922 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
All comments are posted on the
Federal eRulemaking portal, although
they may not appear for several days
after receipt of the comment. You may
also inspect the comments on regular
business days by making arrangements
with the contact person shown in this
preamble.
Caution: All comments we receive
from members of the public are
available for public viewing in their
entirety on the Federal eRulemaking
portal at https://www.regulations.gov.
Therefore, you should be careful to
include in your comments only
information that you wish to make
publicly available on the Internet. We
strongly urge you not to include any
personal information, such as your
Social Security number or medical
information, in your comments.
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76573
FOR FURTHER INFORMATION CONTACT:
Martin Sussman, Office of Regulations,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401. Call (410) 965–1767 for
further information about these
proposed rules. For information on
eligibility or filing for benefits, call our
national toll-free number 1–800–772–
1213 or TTY 1–800–325–0778, or visit
our Internet Web site, Social Security
Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
What rules are we proposing to revise?
Time Period To File an Application
after Submitting a Written Statement of
Intent To Claim Benefits
We propose to revise our regulations
at § 404.630(c), which explain when we
will use the date of a written statement
as your filing date for Social Security
benefits under title II of the Act. We will
use the date a written statement
indicating your intent to claim benefits
is filed with us as the date of your
application for benefits if certain
requirements are met. Under our current
regulations, you must file the
application for benefits within 6 months
after the date of a notice we send
advising you of the need to file an
application. We propose to revise the
time period to 60 days after the date of
such notice.
Why are we proposing to change our
rules?
As stated above, our current
protective filing rules under title II
allow us to protect your intent to file for
a 6-month period Our current rules also
allow for protective filing in the
supplemental security income program
under title XVI of the Act and the
special veterans benefits program under
title VIII of the Act. However, the time
period in which an application must be
filed in those programs is 60 days after
the date of the notice we send advising
you of the need to file an application.
Our program experience has shown
that the public may be confused by the
difference in time periods for protective
filing in the programs we administer,
and this confusion may cause them to
lose benefits. This is especially true
when claimants indicate they intend to
file concurrent applications for more
than one program, usually under titles
II and XVI of the Act. The proposed
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]]>Agencies
[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Proposed Rules]
[Pages 76571-76573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29128]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
15 CFR Part 301
[Docket No. 080102004-8005-01]
RIN 0625-AA75
Changes in Procedures for Florence Agreement Program
AGENCY: Import Administration, International Trade Administration
(``ITA''), Department of Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This action invites public comment on a proposal to amend the
regulations that govern the duty-free entry of scientific instruments
and apparatus into the United States by educational and nonprofit
institutions. The amendments are being proposed for the purpose of
making technical changes required by the passage of the Miscellaneous
Trade and Technical Corrections Act of 2004, updating the regulations
to comport with current Customs and Border Protection (``CBP'')
practices and changes made in the Harmonized Tariff Schedule of the
United States (``HTSUS'') and adding a Web site address for Statutory
Import Programs Staff (``SIPS''). We also propose amending the
regulations to reflect the new nomenclature changes made necessary by
the transfer of the legacy Customs Service of the Department of the
Treasury to the Department of Homeland Security (``DHS'').
DATES: Written comments must be received on or before January 16, 2009.
ADDRESSES: Address written comments to Jesse Cortes, Import Policy
Analyst, Subsidies Enforcement Office, Room 3713, U.S. Department of
Commerce, 14th and Constitution Ave., NW., Washington, DC 20230, or
electronically via the Federal Government e.rulemaking portal, https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jesse Cortes, (202) 482-3986, same
address as above.
SUPPLEMENTARY INFORMATION: The Departments of Commerce and Treasury
(``the Departments'') and Customs and Border Protection are proposing
to amend Part 301, Chapter III, Subtitle B of Title 15 of the Code of
Federal Regulations relating to their responsibilities under the
Educational, Scientific, and Cultural Materials Importation Act of 1966
(the ``Act''; Public Law 89-651, as amended by Public Law 106-36; 80
Stat. 897). The Act implements U.S. treaty obligations under Annex D of
the Florence Agreement, relating to the import of scientific
instruments and apparatus. Treaty signatories agreed to waive duties on
such imports if there is no scientifically equivalent instrument being
manufactured in the country of importation and the instrument is to be
used by a nonprofit institution established for scientific research or
educational purposes.
Proposed Amendments
ITA proposes to amend language in 15 CFR 301.8(a)(4) because
references to liquidation being suspended for a period of 180 days from
the date of entry are not accurate and the reference to ``suspension''
is misleading. Under 15 CFR part 301, an applicant desiring duty-free
entry of an instrument may make a claim with CBP at the time of entry
of an instrument that the instrument is entitled to duty-free
classification under subheading 9810.00.60, HTSUS. Currently, 15 CFR
301.8(a)(4)) states that liquidation of the entry shall be suspended
for a period of 180 days from the date of entry and that the applicant
must file a properly stamped application form on or before the end of
this suspension period or the entry will be liquidated without regard
to 9810.00.60, HTSUS. We are proposing to amend 15 CFR 301.8(a)(4)) to
delete any reference to the 180 day time period in its entirety. The
current provision was promulgated in 1982 and does not reflect the
subsequent amendments to 19 U.S.C. 1504. Under current law, CBP has up
to one year to liquidate an entry before it is deemed liquidated by
operation of law. See 19 U.S.C. 1504. After the enactment of 19 U.S.C.
1504 in 1978, CBP generally liquidated entries within 90 days of entry.
The 180-day period referenced in the regulations was an exception.
Moreover, the use of the term ``suspension'' is misleading since the
governing statute (subchapter III, chapter 98, HTSUS (19 U.S.C. 1202))
does not authorize a ``suspension'' of liquidation. While there is no
statutory authority preventing CBP from liquidating the entry at any
time during the one-year period after entry of the merchandise, see
Peer Chain Co. vs. United States, 316 F. Supp. 2d 1357 (CIT 2004) CBP
normally liquidates an entry 315-days after entry is filed. Importers
should file a copy of the stamped application as soon as possible
because CBP may liquidate the entry at any time.
We also propose amending 15 CFR 301.8(c) to delete references to
the protest period for entries as the referenced period is out-of-date
due to the statutory amendments made by the Miscellaneous Trade and
Technical Corrections Act of 2004, Public Law 108-429, Sec.
2103(2)(B)(ii), (iii) (codified as amended at 19 U.S.C. 1514(c)(3)).
We further propose amending 15 CFR 301.3(b) to include the SIPS Web
site address to let interested parties know that the application for
duty-free entry of scientific instruments (Form ITA-338P) may be
obtained from that Web site.
The proposed rule would also amend 15 CFR 301.2(j) and (o) by
removing the references to spectrometers. This change is proposed
because Presidential Proclamation 7011 of June 30, 1997, made
spectrometers free of duty. This proposed rule would also add language
to 15 CFR 301.2(j) that describes an appropriate example of ancillary
equipment.
Finally, pursuant to section 403 of the Homeland Security Act of
2002 (Pub. L. 107-296) (2002), the U.S. Customs Service was transferred
from the Department of the Treasury to the Department of Homeland
Security (``DHS''). Under the Reorganization Plan (Nov. 25, 2002), this
transfer became effective as of March 1, 2003. The former Customs
Service had been redesignated as the Bureau of Customs and Border
Protection and pursuant to section 872(a)(2) of the Homeland Security
Act (see 6 U.S.C. 452(a)(2)), DHS notified Congress on January 18,
2007, that it was changing the name of the Bureau of Customs and Border
Protection to ``U.S. Customs and Border Protection (CBP)'' effective
March 31, 2007 (see 72 FR 20131, April 23, 2007). As a result of this
reorganization, we propose amending 15 CFR 301 by replacing ``U.S.
Customs Service'' and similar references throughout the regulations
with its new designation, ``Customs and Border Protection'' or CBP. We
note that we are retaining the ``Department of the Treasury'' wherever
it occurs in the regulations for purposes of the Florence Agreement
Program
[[Page 76572]]
because the Treasury Department did not delegate this function to the
Secretary of Homeland Security (See Treasury Department Order No. 100-
16, set forth in the appendix to Part 0 of title 19 of the Code of
Federal Regulations).
As reflected in Sec. 10.114 of the CBP regulations (19 CFR
10.114), the consolidated regulations of the Commerce and Treasury
Departments relating to the entry of instruments and apparatus for
educational and scientific institutions are contained in 15 CFR part
301. With respect to the responsibility of the Department of the
Treasury in issuing these joint regulations, this document is being
issued under the authority of Sec. 0.1(a)(1) of the CBP Regulations
(19 CFR 0.1(a)(1)). Accordingly, regulations for which the Secretary of
the Treasury retains the sole authority to approve pursuant to 19 CFR
0.1(a)(1) are signed by the Secretary of the Treasury (or his or her
Treasury delegate), and by the Commissioner of CBP, who is signing this
document as the delegate of the Secretary of the Department of Homeland
Security.
Administrative Law Requirements
Regulatory Flexibility Act. In accordance with the Regulatory
Flexibility Act (``RFA''), 5 U.S.C. 601 et seq., the Chief Counsel for
Regulation at the Department of Commerce has certified to the Chief
Counsel for Advocacy, Small Business Administration, that the proposed
rule, if promulgated as final, will not have a significant economic
impact on a substantial number of small entities. The applicants for
the duty-free entry of scientific instruments and apparatus are
educational and non-profit institutions. The proposed rulemaking would
make the necessary changes required by the passage of the Miscellaneous
Trade and Technical Corrections Act of 2004, update the regulations to
comport with current CBP practices and changes in the HTSUS, add a Web
site address for SIPS and make necessary changes to reflect the new
designations that were created when Customs became CBP. Adoption of
this rule would implement the following changes: Extend the liquidation
period and, therefore, the amount of time the applicant has to submit a
properly stamped copy of the form ITA-338P to CBP before liquidation
occurs; remove the outdated reference to a 90-day protest period;
remove outdated references to spectrometers; add the SIPS Web site
address to let interested parties know that the application for duty-
free entry of scientific instruments (Form ITA-338P) can be obtained
from the SIPS Web site; and make the necessary changes to reflect the
new nomenclature changes made necessary by the transfer of the legacy
Customs Service of the Department of the Treasury to DHS and the
subsequent enfolding of the U.S. Customs Service into the Bureau of
Customs and Border Protection and then its subsequent name change by
DHS to ``U.S. Customs and Border Protection'' on March 31, 2007. There
would be no adverse economic impact from these proposed changes.
This proposed rule also would not change reporting or recordkeeping
requirements. The changes in the regulations will also not duplicate,
overlap or conflict with other laws or regulations. Consequently, the
changes are not expected to meet the RFA criteria of having a
``significant'' economic effect on a ``substantial number'' of small
entities, as stated in 5 U.S.C. 603 et seq. Therefore, a regulatory
flexibility analysis was not prepared.
Paperwork Reduction Act. This proposed rulemaking does not contain
revised collection of information requirements subject to review and
approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995. Collection activities are currently
approved by the Office of Management and Budget under control number
0625-0037.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information unless it
displays a currently valid OMB control number.
Executive Order 12866. It has been determined that the proposed
rulemaking is not significant for purposes of Executive Order 12866.
List of Subjects in 15 CFR Part 301
Administrative practice and procedure, Customs duties and
inspection, Educational facilities, Imports, Nonprofit organizations,
Scientific equipment.
For the reasons set forth in the preamble, 15 CFR part 301 is
proposed to be amended as follows:
PART 301--[AMENDED]
1. The authority citation for part 301 continues to read as
follows:
Authority: Sec. 6(c), Pub. L. 89-651, 80 Stat. 897, 899; Sec.
2402, Pub. L. 106-36, 113 Stat. 127, 168.
Sec. 301.1 [Amended]
2. Section 301.1 is amended by removing ``Secretary of the Treasury
(U.S. Customs Service)'' in paragraph (c)(2) and adding ``Customs and
Border Protection'' in its place.
Sec. 301.2 [Amended]
3. Section 301.2 is amended as follows:
a. Paragraph (b) is amended by removing ``Customs means the U.S.
Customs Service and `The Commissioner' means Commissioner of the U.S.
Customs Service'' and adding ``The Commissioner means Commissioner of
Customs and Border Protection'' in its place;
b. Paragraph (c) is amended by removing ``Customs Port'' and adding
``CBP Port'' in its place;
c. The third sentence of paragraph (j) is amended by removing
``automatic sampling equipment sold for use with a variety of mass
spectrometers'' and adding ``a vacuum evaporator sold for use with an
electron microscope'' in its place;
d. Paragraph (o) is amended by removing the words ``mass
spectrometer'' and ``x-ray spectrometer.''.
Sec. 301.3 [Amended]
4. Section 301.3 is amended as follows:
a. The first sentence of paragraph (b) is amended by removing
``20230, or'' and adding ``20230, the Web site at https://
ia.ita.doc.gov/sips/, or'' in its place;
b. Paragraph (c) is amended by removing the words ``U.S. Customs
Service, Department of the Treasury,'' and adding ``U.S. Customs and
Border Protection'' in its place.
5. Section 301.8 is amended as follows:
a. Paragraph (a)(4) is revised to read as set forth below;
b. The second sentence of paragraph (c) is amended by removing ``,
within 90 days after notice of liquidation''.
Sec. 301.8 Instructions for entering instruments through U.S. Customs
and Border Protection under subheading 9810.00.60, HTSUS.
* * * * *
(a) * * *
(4) If a claim for duty-free entry under subheading 9810.00.60,
HTSUS is made but is not accompanied by a copy of the properly stamped
form, a deposit of the estimated duty is required. Before the entry is
liquidated, the applicant must file with the CBP Port a properly
stamped copy of the application form. In the event that the CBP Port
does not receive a copy of the properly stamped application form before
liquidation, the instrument shall be classified and liquidated in the
ordinary course,
[[Page 76573]]
without regard for subheading 9810.00.60, HTSUS.
* * * * *
Sec. Sec. 301.1, 301.2, 301.4, 301.5, 301.8, 301.9, 301.10 [Amended]
6. In addition to the amendments set forth above, 15 CFR part 301
is amended by removing ``U.S. Customs Service'', ``U.S. Customs'', or
``Customs'' and adding ``Customs and Border Protection'' in its place
in the following places:
a. Second sentence in Sec. 301.1(d);
b. Fourth sentence in Sec. 301.2(k);
c. Section 301.4 heading, and first sentence of Sec. 301.4(a)
introductory text;
d. Second sentence in Sec. 301.5(d)(ii);
e. Section 301.8 heading, Sec. 301.8(a)(3), (b) heading and first
and second sentences, and (d) first and second sentences;
f. Section 301.9(b) and Sec. 301.9(c); and
g. Second sentence in Sec. 301.10(a).
Sec. Sec. 301.7, 301.8, 301.9 [Amended]
7. In addition to the amendments set forth above, 15 CFR part 301
is amended by removing ``Customs Port'' and adding ``CBP Port'' in its
place in the following places:
a. First sentence in Sec. 301.7(b);
b. Third and fourth sentences of Sec. 301.8(a)(4); and
c. Third sentence of Sec. 301.9(a).
David Spooner,
Assistant Secretary for Import Administration, Department of Commerce.
W. Ralph Basham,
Commissioner, Customs and Border Protection.
Timothy Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8-29128 Filed 12-16-08; 8:45 am]
BILLING CODE 3510-DS-P; 9111-14-P
