Imported Directly Requirement Under the United States-Bahrain Free Trade Agreement, 23949-23951 [E9-11986]
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
Related Controls: (1) Military commodities
are subject to the export licensing
jurisdiction of the Department of State if they
incorporate items that are subject to the
International Traffic in Arms Regulations
(ITAR) (22 CFR Parts 120–130). (2) Military
commodities described in this paragraph are
subject to the export licensing jurisdiction of
the Department of State if such commodities
are described on the United States Munitions
List (22 CFR Part 121) and are in the United
States. (3) The furnishing of assistance
(including training) to foreign persons,
whether in the United States or abroad in the
design, development, engineering,
manufacture, production, assembly, testing,
repair, maintenance, modification, operation,
demilitarization, destruction, processing, or
use of defense articles that are subject to the
ITAR; or the furnishing to foreign persons of
any technical data controlled under 22 CFR
121.1 whether in the United States or abroad
are under the licensing jurisdiction of the
Department of State. (4) Brokering activities
(as defined in 22 CFR 129.9) of military
commodities that are subject to the ITAR are
under the licensing jurisdiction of the
Department of State.
Related Definitions: N/A.
Items: ‘‘Military commodities’’ with all of
the following characteristics:
a. Described on either the United States
Munitions List (22 CFR Part 121) or the
Munitions List that is published by the
Wassenaar Arrangement on Export Controls
for Conventional Arms and Dual-Use Goods
and Technologies (as set out on its Web site
at https://www.wassenaar.org), but not any
item listed in any Export Control
Classification Number for which the last
three characters are 018;
b. Produced outside the United States;
c. Not subject to the International Traffic in
Arms Regulations (22 CFR Parts 120–130) for
a reason other than presence in the United
States; and
d. Incorporate one or more cameras
controlled under ECCN 6A003.b.4.b.
25. In Supplement No. 1 to part 774,
Category 6, Export Control Classification
Number 6A003, revise the ‘‘Reason for
Control’’ and the ‘‘Related Controls’’
paragraphs to read as follows:
■
6A003
Cameras.
License Requirements
Reason for Control: NS, NP, RS, AT, UN.
Control(s)
Country chart
NS applies to entire entry ......................................................................................................................
NP applies to items controlled in paragraphs 6A003.a.2, a.3 and a.4 .................................................
RS applies to items controlled in 6A003.b.3, to items controlled in 6A003.b.4.a, and to items
controlled in 6A003.b.4.b that have a frame rate greater than 60 Hz or that incorporate a focal
plane array with more than 111,000 elements, or to items in 6A003.b.4.b when being exported
or reexported to be embedded in a civil product. (But see § 742.6(a)(2)(iii) and (v) for certain
exemptions).
RS applies to items controlled in 6A003.b.4.b that have a frame rate of 60 Hz or less and that incorporate a focal plane array with not more than 111,000 elements if not being exported or reexported to be embedded in a civil product.
RS applies to items controlled in 6A003.b.4.b .....................................................................................
AT applies to entire entry ......................................................................................................................
UN applies to items controlled in 6A003.b.3 and b.4 ..........................................................................
License Exceptions
*
*
*
*
Control(s)
Country chart
*
List of Items Controlled
Unit: * * *
Related Controls: (1) See ECCNs 6E001
(‘‘development’’), 6E002 (‘‘production’’), and
6E201 (‘‘use’’) for technology for items
controlled under this entry. (2) Also see
ECCN 6A203. (3) See ECCN 8A002.d and .e
for cameras specially designed or modified
for underwater use. (4) See ECCN 0A919 for
foreign made military commodities that
incorporate cameras described in
6A003.b.4.b. (5) Section 744.9 imposes
license requirements on cameras described in
6A003.b.4.b if being exported for
incorporation into an item controlled by
ECCN 0A919 or for a military end-user.
*
*
*
*
*
26. In Supplement No. 1 to part 774,
immediately following Export Control
Classification Number 6D993, add a
new Export Control Classification
Number 6D994 to read as follows:
RS applies to entire entry
CIV: N/A.
TSR: N/A.
Unit: $ value.
Items: The list of Items Controlled is in the
ECCN heading.
Dated: May 18, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export
Administration.
[FR Doc. E9–11951 Filed 5–21–09; 8:45 am]
BILLING CODE 3510–33–P
erowe on PROD1PC63 with RULES
PO 00000
A license is required to export or reexport these items to Hong Kong. This
license requirement does not appear
in the Commerce Country Chart.
AT Column 1.
Iraq and Rwanda.
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF THE TREASURY
List of Items Controlled
19 CFR Part 10
[Docket No. USCBP–2009–0015; CBP Dec.
09–17]
RIN 1505–AC13
Imported Directly Requirement Under
the United States-Bahrain Free Trade
Agreement
AGENCY: Customs and Border Protection,
Department of Homeland Security;
Department of the Treasury.
ACTION: Interim final rule; solicitation of
comments.
SUMMARY: This document amends the
U.S. Customs and Border Protection
(CBP) regulations in title 19 of the Code
of Federal Regulations (19 CFR) on an
interim basis to change certain
provisions relating to the requirement
under the United States-Bahrain Free
Trade Agreement (BFTA) that a good
must be ‘‘imported directly’’ from one
License Requirements
Reason for Control: RS.
Jkt 217001
RS Column 2.
Customs and Border Protection
Bureau
License Exceptions
6D994 ‘‘Software’’ designed or modified for
cameras incorporating ‘‘focal plane arrays’’
specified by 6A002.a.3.f and designed or
modified to remove a frame rate restriction
and allow the camera to exceed the frame
rate specified in 6A003.b.4. Note 3.a.
13:10 May 21, 2009
NS Column 2.
NP Column 1.
RS Column 1.
RS Column 1.
■
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23949
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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
erowe on PROD1PC63 with RULES
BFTA Party to the other Party to qualify
for preferential tariff treatment. The
change involves removing the condition
that a good passing through the territory
of an intermediate country while en
route from a Party to the other Party
must remain under the control of the
customs authority of the intermediate
country. This change more closely
conforms these regulatory provisions to
the BFTA and the BFTA implementing
statute.
DATES: This interim final rule is
effective May 22, 2009. Comments must
be received on or before July 21, 2009.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2009–0015.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
U.S. Customs and Border Protection,
799 9th Street, NW., 5th Floor,
Washington, DC 20229–1179.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
International Trade, U.S. Customs and
Border Protection, 799 9th Street, NW.,
5th Floor, Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Mr. Joseph Clark at (202) 325–
0118.
FOR FURTHER INFORMATION CONTACT:
Karen Greene, Regulations and Rulings,
Office of International Trade, (202) 325–
0041.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the interim
VerDate Nov<24>2008
13:10 May 21, 2009
Jkt 217001
final rule. CBP also invites comments
that relate to the economic,
environmental, or federalism effects that
might result from this interim final rule.
Comments that will provide the most
assistance to CBP will reference a
specific portion of the interim final rule,
explain the reason for any
recommended change, and include data,
information, or authority that support
such recommended change. See
ADDRESSES above for information on
how to submit comments.
Background
On September 14, 2004, the United
States and the Kingdom of Bahrain (the
Parties) signed the U.S.-Bahrain Free
Trade Agreement (BFTA). The
provisions of the BFTA were adopted by
the United States with the enactment on
January 11, 2006, of the United StatesBahrain Free Trade Area
Implementation Act (the Act), Public
Law 109–169, 119 Stat. 3581 (19 U.S.C.
3805 note).
On October 16, 2007, CBP published
CBP Dec. 07–81 in the Federal Register
(72 FR 58511), setting forth interim
amendments to implement the
preferential tariff treatment and
customs-related provisions of the BFTA.
The majority of the BFTA implementing
regulations were included within new
subpart N in part 10 of the CBP
regulations (19 CFR subpart N, part 10).
In CBP Dec. 08–23, published in the
Federal Register on July 23, 2008 (73 FR
42679), CBP adopted the interim
regulations set forth in CBP Dec. 07–81
as a final rule with two technical
corrections.
Section 10.817(a) of the CBP
regulations implementing the BFTA sets
forth the basic requirement, found in
Article 4.1 of the BFTA, that a good
must be ‘‘imported directly’’ from the
territory of a Party into the territory of
the other Party to qualify as an
originating good under the BFTA. In
circumstances in which a shipment
passes through the territory of a nonParty, § 10.817(a)(2) provides that a
good will be considered to be ‘‘imported
directly’’ only if the good: (i) Remained
under the control of the customs
authority of the non-Party; and (ii) did
not undergo production, manufacturing,
or any other operation outside the
territories of the Parties, other than
certain specified minor operations.
Nearly identical language to that found
in § 10.817(a) appears in § 10.822(a),
relating to the application of the
‘‘imported directly’’ requirement to
certain non-originating textile and
apparel goods that qualify for
preferential tariff treatment under an
applicable tariff preference level (TPL).
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Article 4.9 of the BFTA provides that
a good shall not be considered to be
‘‘imported directly’’ from the territory of
the other Party if the good undergoes
subsequent production, manufacturing,
or any other operation outside the
territories of the Parties, other than
unloading, reloading, or any other
operation necessary to preserve it in
good condition or to transport the good
to the territory of the other Party.
Section 202(g) of the Act mirrors the
language in Article 4.9 of the
Agreement. Neither the BFTA nor the
Act includes a requirement that a good
must remain under the control of the
customs authority of a non-Party to
qualify as having met the ‘‘imported
directly’’ requirement when the good
passes through the territory of a nonParty.
Explanation of Amendments
It has been brought to the attention of
CBP that there is no explicit
requirement in the BFTA or the Act that
a good must remain under the control of
the customs authority of a non-Party to
qualify as having been ‘‘imported
directly’’ from a Party. Therefore, to
more closely conform paragraph (a)(2) of
§§ 10.817 and 10.822 to the Agreement
and the Act, these regulatory provisions
have been revised in this interim rule
document to remove the ‘‘customs
control’’ requirement. Specifically,
paragraph (a)(2)(i) of §§ 10.817 and
10.822 has been removed and text of
current paragraph (a)(2)(ii) of §§ 10.817
and 10.822 has been incorporated into
the paragraph (a)(2) introductory text of
these sections.
CBP notes that these changes provide
consistency between the BFTA
implementing regulations and the CBP
regulations implementing the United
States-Morocco Free Trade Agreement
(MFTA) relating to the ‘‘imported
directly’’ requirement under these two
FTAs. The language in the BFTA and
MFTA and the two implementing
statutes are nearly identical in regard to
this requirement.
Inapplicability of Notice and Delayed
Effective Date Requirements
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), agencies
generally are required to publish a
notice of proposed rulemaking in the
Federal Register that solicits public
comment on the proposed regulatory
amendments, consider public comments
in deciding on the content of the final
amendments, and publish the final
amendments at least 30 days prior to
their effective date. However, section
553(a)(1) of the APA provides that the
standard prior notice and comment
E:\FR\FM\22MYR1.SGM
22MYR1
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Rules and Regulations
procedures do not apply to an agency
rulemaking to the extent that it involves
a foreign affairs function of the United
States. CBP has determined that these
interim amendments involve a foreign
affairs function of the United States
because they modify regulatory
provisions that implement preferential
tariff treatment provisions under the
BFTA. Therefore, the rulemaking
requirements under the APA do not
apply and this interim rule will be
effective upon publication. However,
CBP is soliciting comments in this
interim rule and will consider all
comments received before issuing a
final rule.
Executive Order 12866
CBP has determined that this
document is not a regulation or rule
subject to the provisions of Executive
Order 12866 of September 30, 1993 (58
FR 51735, October 1993), because it
pertains to a foreign affairs function of
the United States and, therefore, is
specifically exempted by section 3(d)(2)
of Executive Order 12866.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required under the APA
for the reasons described above, the
provisions of the Regulatory Flexibility
Act, as amended (5 U.S.C. 601 et seq.),
do not apply to this rulemaking.
Accordingly, this final rule is not
subject to the regulatory analysis
requirements or other requirements of 5
U.S.C. 603 and 604.
Signing Authority
This document is being issued in
accordance with § 0.1(a)(1) of the CBP
Regulations (19 CFR 0.1(a)(1))
pertaining to the authority of the
Secretary of the Treasury (or his/her
delegate) to approve regulations related
to certain customs revenue functions.
List of Subjects in 19 CFR Part 10
Customs duties and inspection,
Exports, Imports, Preference programs,
Trade agreements.
Amendments to the CBP Regulations
Accordingly, chapter I of title 19,
Code of Federal Regulations (19 CFR
chapter I), is amended as set forth
below.
■
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PART 10—ARTICLES CONDITIONALLY
FREE, SUBJECT TO A REDUCED
RATE, ETC.
1. The general authority citation for
part 10 and the specific authority for
subpart N continue to read as follows:
■
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
VerDate Nov<24>2008
13:10 May 21, 2009
Jkt 217001
United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
*
*
*
*
*
Section 10.801 through 10.829 also issued
under 19 U.S.C. 1202 (General Note 30,
HTSUS) and Pub. L. 109–169, 119 Stat. 3581
(19 U.S.C. 3805 note).
2. Section 10.817 is amended by
revising paragraph (a)(2) to read as
follows:
■
§ 10.817
Imported directly.
§ 10.822 Transshipment of non-originating
fabric or apparel goods.
(a) * * *
(2) If the shipment passed through the
territory of a non-Party, the good, upon
arrival in the territory of a Party, will be
considered to be ‘‘imported directly’’
only if the good did not undergo
production, manufacturing, or any other
operation outside the territories of the
Parties, other than unloading, reloading,
or any other operation necessary to
preserve the good in good condition or
to transport the good to the territory of
a Party. Operations that may be
performed outside the territories of the
Parties include inspection, removal of
dust that accumulates during shipment,
ventilation, spreading out or drying,
chilling, replacing salt, sulfur dioxide,
or aqueous solutions, replacing
damaged packing materials and
containers, and removal of units of the
good that are spoiled or damaged and
present a danger to the remaining units
Frm 00015
Fmt 4700
Sfmt 4700
of the good, or to transport the good to
the territory of a Party.
*
*
*
*
*
Approved: May 19, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9–11986 Filed 5–21–09; 8:45 am]
BILLING CODE P
(a) * * *
(2) If the shipment passed through the
territory of a non-Party, the good, upon
arrival in the territory of a Party, will be
considered to be ‘‘imported directly’’
only if the good did not undergo
production, manufacturing, or any other
operation outside the territories of the
Parties, other than unloading, reloading,
or any other operation necessary to
preserve the good in good condition or
to transport the good to the territory of
a Party. Operations that may be
performed outside the territories of the
Parties include inspection, removal of
dust that accumulates during shipment,
ventilation, spreading out or drying,
chilling, replacing salt, sulfur dioxide,
or aqueous solutions, replacing
damaged packing materials and
containers, and removal of units of the
good that are spoiled or damaged and
present a danger to the remaining units
of the good, or to transport the good to
the territory of a Party.
*
*
*
*
*
■ 3. Section 10.822 is amended by
revising paragraph (a)(2) to read as
follows:
PO 00000
23951
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2550
RIN 1210–AB13
Investment Advice—Participants and
Beneficiaries
AGENCY: Employee Benefits Security
Administration, Labor.
ACTION: Final rule; delay of effective
date and applicability date.
SUMMARY: This document delays the
effective and applicability dates of final
rules under the Employee Retirement
Income Security Act, and parallel
provisions of the Internal Revenue Code
of 1986, relating to the provision of
investment advice to participants and
beneficiaries in individual account
plans, such as 401(k) plans, and
beneficiaries of individual retirement
accounts (and certain similar plans).
These rules were published in the
Federal Register on January 21, 2009,
and were to have become effective and
applicable on March 23, 2009, but were
delayed until May 22, 2009, by a final
rule published on March 20, 2009 (74
FR 11847). This document further
delays the effective and applicability
dates of these final rules from May 22,
2009, until November 18, 2009, to allow
additional time for the Department to
evaluate questions of law and policy
concerning the rules.
DATES: The effective and applicability
date of the rule amending 29 CFR part
2550, published January 21, 2009, at 74
FR 3822, delayed March 20, 2009, at 74
FR 11847 is further delayed until
November 18, 2009.
FOR FURTHER INFORMATION CONTACT: Fred
Wong, Office of Regulations and
Interpretations, Employee Benefits
Security Administration (EBSA), (202)
693–8500. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: On
January 21, 2009, the Department of
Labor published final rules on the
E:\FR\FM\22MYR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Rules and Regulations]
[Pages 23949-23951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11986]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection Bureau
DEPARTMENT OF THE TREASURY
19 CFR Part 10
[Docket No. USCBP-2009-0015; CBP Dec. 09-17]
RIN 1505-AC13
Imported Directly Requirement Under the United States-Bahrain
Free Trade Agreement
AGENCY: Customs and Border Protection, Department of Homeland Security;
Department of the Treasury.
ACTION: Interim final rule; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations in title 19 of the Code of Federal Regulations (19
CFR) on an interim basis to change certain provisions relating to the
requirement under the United States-Bahrain Free Trade Agreement (BFTA)
that a good must be ``imported directly'' from one
[[Page 23950]]
BFTA Party to the other Party to qualify for preferential tariff
treatment. The change involves removing the condition that a good
passing through the territory of an intermediate country while en route
from a Party to the other Party must remain under the control of the
customs authority of the intermediate country. This change more closely
conforms these regulatory provisions to the BFTA and the BFTA
implementing statute.
DATES: This interim final rule is effective May 22, 2009. Comments must
be received on or before July 21, 2009.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2009-0015.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, Office of International Trade, U.S. Customs and Border
Protection, 799 9th Street, NW., 5th Floor, Washington, DC 20229-1179.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Submitted comments
may be inspected during regular business days between the hours of 9
a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, Office of International Trade, U.S. Customs
and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: Karen Greene, Regulations and Rulings,
Office of International Trade, (202) 325-0041.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
interim final rule. CBP also invites comments that relate to the
economic, environmental, or federalism effects that might result from
this interim final rule. Comments that will provide the most assistance
to CBP will reference a specific portion of the interim final rule,
explain the reason for any recommended change, and include data,
information, or authority that support such recommended change. See
ADDRESSES above for information on how to submit comments.
Background
On September 14, 2004, the United States and the Kingdom of Bahrain
(the Parties) signed the U.S.-Bahrain Free Trade Agreement (BFTA). The
provisions of the BFTA were adopted by the United States with the
enactment on January 11, 2006, of the United States-Bahrain Free Trade
Area Implementation Act (the Act), Public Law 109-169, 119 Stat. 3581
(19 U.S.C. 3805 note).
On October 16, 2007, CBP published CBP Dec. 07-81 in the Federal
Register (72 FR 58511), setting forth interim amendments to implement
the preferential tariff treatment and customs-related provisions of the
BFTA. The majority of the BFTA implementing regulations were included
within new subpart N in part 10 of the CBP regulations (19 CFR subpart
N, part 10). In CBP Dec. 08-23, published in the Federal Register on
July 23, 2008 (73 FR 42679), CBP adopted the interim regulations set
forth in CBP Dec. 07-81 as a final rule with two technical corrections.
Section 10.817(a) of the CBP regulations implementing the BFTA sets
forth the basic requirement, found in Article 4.1 of the BFTA, that a
good must be ``imported directly'' from the territory of a Party into
the territory of the other Party to qualify as an originating good
under the BFTA. In circumstances in which a shipment passes through the
territory of a non-Party, Sec. 10.817(a)(2) provides that a good will
be considered to be ``imported directly'' only if the good: (i)
Remained under the control of the customs authority of the non-Party;
and (ii) did not undergo production, manufacturing, or any other
operation outside the territories of the Parties, other than certain
specified minor operations. Nearly identical language to that found in
Sec. 10.817(a) appears in Sec. 10.822(a), relating to the application
of the ``imported directly'' requirement to certain non-originating
textile and apparel goods that qualify for preferential tariff
treatment under an applicable tariff preference level (TPL).
Article 4.9 of the BFTA provides that a good shall not be
considered to be ``imported directly'' from the territory of the other
Party if the good undergoes subsequent production, manufacturing, or
any other operation outside the territories of the Parties, other than
unloading, reloading, or any other operation necessary to preserve it
in good condition or to transport the good to the territory of the
other Party. Section 202(g) of the Act mirrors the language in Article
4.9 of the Agreement. Neither the BFTA nor the Act includes a
requirement that a good must remain under the control of the customs
authority of a non-Party to qualify as having met the ``imported
directly'' requirement when the good passes through the territory of a
non-Party.
Explanation of Amendments
It has been brought to the attention of CBP that there is no
explicit requirement in the BFTA or the Act that a good must remain
under the control of the customs authority of a non-Party to qualify as
having been ``imported directly'' from a Party. Therefore, to more
closely conform paragraph (a)(2) of Sec. Sec. 10.817 and 10.822 to the
Agreement and the Act, these regulatory provisions have been revised in
this interim rule document to remove the ``customs control''
requirement. Specifically, paragraph (a)(2)(i) of Sec. Sec. 10.817 and
10.822 has been removed and text of current paragraph (a)(2)(ii) of
Sec. Sec. 10.817 and 10.822 has been incorporated into the paragraph
(a)(2) introductory text of these sections.
CBP notes that these changes provide consistency between the BFTA
implementing regulations and the CBP regulations implementing the
United States-Morocco Free Trade Agreement (MFTA) relating to the
``imported directly'' requirement under these two FTAs. The language in
the BFTA and MFTA and the two implementing statutes are nearly
identical in regard to this requirement.
Inapplicability of Notice and Delayed Effective Date Requirements
Under the Administrative Procedure Act (APA) (5 U.S.C. 553),
agencies generally are required to publish a notice of proposed
rulemaking in the Federal Register that solicits public comment on the
proposed regulatory amendments, consider public comments in deciding on
the content of the final amendments, and publish the final amendments
at least 30 days prior to their effective date. However, section
553(a)(1) of the APA provides that the standard prior notice and
comment
[[Page 23951]]
procedures do not apply to an agency rulemaking to the extent that it
involves a foreign affairs function of the United States. CBP has
determined that these interim amendments involve a foreign affairs
function of the United States because they modify regulatory provisions
that implement preferential tariff treatment provisions under the BFTA.
Therefore, the rulemaking requirements under the APA do not apply and
this interim rule will be effective upon publication. However, CBP is
soliciting comments in this interim rule and will consider all comments
received before issuing a final rule.
Executive Order 12866
CBP has determined that this document is not a regulation or rule
subject to the provisions of Executive Order 12866 of September 30,
1993 (58 FR 51735, October 1993), because it pertains to a foreign
affairs function of the United States and, therefore, is specifically
exempted by section 3(d)(2) of Executive Order 12866.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required under the APA
for the reasons described above, the provisions of the Regulatory
Flexibility Act, as amended (5 U.S.C. 601 et seq.), do not apply to
this rulemaking. Accordingly, this final rule is not subject to the
regulatory analysis requirements or other requirements of 5 U.S.C. 603
and 604.
Signing Authority
This document is being issued in accordance with Sec. 0.1(a)(1) of
the CBP Regulations (19 CFR 0.1(a)(1)) pertaining to the authority of
the Secretary of the Treasury (or his/her delegate) to approve
regulations related to certain customs revenue functions.
List of Subjects in 19 CFR Part 10
Customs duties and inspection, Exports, Imports, Preference
programs, Trade agreements.
Amendments to the CBP Regulations
0
Accordingly, chapter I of title 19, Code of Federal Regulations (19 CFR
chapter I), is amended as set forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
0
1. The general authority citation for part 10 and the specific
authority for subpart N continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314;
* * * * *
Section 10.801 through 10.829 also issued under 19 U.S.C. 1202
(General Note 30, HTSUS) and Pub. L. 109-169, 119 Stat. 3581 (19
U.S.C. 3805 note).
0
2. Section 10.817 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 10.817 Imported directly.
(a) * * *
(2) If the shipment passed through the territory of a non-Party,
the good, upon arrival in the territory of a Party, will be considered
to be ``imported directly'' only if the good did not undergo
production, manufacturing, or any other operation outside the
territories of the Parties, other than unloading, reloading, or any
other operation necessary to preserve the good in good condition or to
transport the good to the territory of a Party. Operations that may be
performed outside the territories of the Parties include inspection,
removal of dust that accumulates during shipment, ventilation,
spreading out or drying, chilling, replacing salt, sulfur dioxide, or
aqueous solutions, replacing damaged packing materials and containers,
and removal of units of the good that are spoiled or damaged and
present a danger to the remaining units of the good, or to transport
the good to the territory of a Party.
* * * * *
0
3. Section 10.822 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 10.822 Transshipment of non-originating fabric or apparel
goods.
(a) * * *
(2) If the shipment passed through the territory of a non-Party,
the good, upon arrival in the territory of a Party, will be considered
to be ``imported directly'' only if the good did not undergo
production, manufacturing, or any other operation outside the
territories of the Parties, other than unloading, reloading, or any
other operation necessary to preserve the good in good condition or to
transport the good to the territory of a Party. Operations that may be
performed outside the territories of the Parties include inspection,
removal of dust that accumulates during shipment, ventilation,
spreading out or drying, chilling, replacing salt, sulfur dioxide, or
aqueous solutions, replacing damaged packing materials and containers,
and removal of units of the good that are spoiled or damaged and
present a danger to the remaining units of the good, or to transport
the good to the territory of a Party.
* * * * *
Approved: May 19, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9-11986 Filed 5-21-09; 8:45 am]
BILLING CODE P
