Dominican Republic-Central America-United States Free Trade Agreement, 50695-50700 [2010-20246]

Download as PDF Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations a ‘‘significant rule’’ under 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 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 U.S. Code. Subtitle 1, Section 106 discusses 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 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 additional controlled airspace at Astoria Regional Airport, Astoria, OR. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR Part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR Part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009 is amended as follows: jdjones on DSK8KYBLC1PROD with RULES ■ Paragraph 6002 Class E airspace designated as surface areas. * * * * * Within a 4-mile radius of the Astoria Regional Airport, and within 1.8 miles each side of the Astoria Regional Airport 268° bearing extending from the 4-mile radius to 7 miles west of the Astoria Regional Airport, and within 1.8 miles each side of the Astoria Regional Airport 095° bearing extending from the 4-mile radius to 12.1 miles east of the Astoria Regional Airport, excluding the airspace within a wedge south of Camp Rilea Heliport, from the 120° bearing clockwise to the 225° bearing of the Camp Rilea Heliport. This Class E airspace area is effective during the dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * ANM OR E5 * * Astoria, OR [Modified] Astoria Regional Airport, Astoria, OR (Lat. 46°09′29″ N., long. 123°52′43″ W.) Seaside Municipal Airport (Lat. 46°00′54″ N., long. 123°54′28″ W.) That airspace extending from 700 feet above the surface within a 6.5-mile radius of Astoria Regional Airport, within 4 miles north and 8.3 miles south of the Astoria Regional Airport 268° bearing extending from the 6.5-mile radius to 15.9 miles west of Astoria Regional Airport, excluding the portion within a 1.8-mile radius of Seaside Municipal Airport; and within 4 miles northeast and 8.3 miles southwest of the Astoria Regional Airport 326° bearing extending from the 6.5-mile radius to 21.4 miles northwest of Astoria Regional Airport; and within 4 miles north and 4 miles south of the Astoria Regional Airport 096° bearing extending from the 6.5-mile radius to 12 miles east, and 8.3 miles north and 4 miles south of the Astoria Regional Airport 096° bearing from 12 miles east, to 28.3 miles east of Astoria Regional Airport; and within a 15.9-mile radius of Astoria Regional Airport extending clockwise from the 326° bearing to the 347° bearing; and within a 23.1-mile radius of Astoria Regional Airport extending clockwise from the 347° bearing to the 039° bearing extending from the 15.9-mile radius to a 23.1-mile radius of Astoria Regional Airport extending clockwise from the airport 039° bearing to the airport 185° bearing. Issued in Seattle, Washington, on August 9, 2010. Lori Andriesen, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2010–20215 Filed 8–16–10; 8:45 am] BILLING CODE 4910–13–P ANM OR E2 Astoria, OR [Modified] Astoria Regional Airport, Astoria, OR (Lat. 46°09′29″ N., long. 123°52′43″ W.) Camp Rilea Heliport (Lat. 46°06′59″ N., long. 123°55′54″ W.) VerDate Mar<15>2010 14:55 Aug 16, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 50695 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 24, 162, 163, and 178 [USCBP–2008–0060; CBP Dec. 10–26] RIN 1515–AD60 (Formerly 1505–AB84) Dominican Republic—Central America—United States Free Trade Agreement Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCIES: This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations (‘‘CFR’’) which were published in the Federal Register on June 13, 2008, as CBP Dec. 08–22 to implement the preferential tariff treatment and other customs-related provisions of the Dominican Republic— Central America—United States Free Trade Agreement. DATES: Final rule effective September 16, 2010. FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects: Robert Abels, Trade Policy and Programs, Office of International Trade, (202) 863– 6503. Other Operational Aspects: Seth Mazze, Trade Policy and Programs, Office of International Trade, (202) 863– 6567. Legal Aspects: Karen Greene, Regulations and Rulings, Office of International Trade, (202) 325–0041. SUPPLEMENTARY INFORMATION: SUMMARY: Background On August 5, 2004, the governments of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua, and the United States signed the Dominican Republic—Central America—United States Free Trade Agreement (‘‘CAFTA–DR’’ or ‘‘Agreement’’). The provisions of the CAFTA–DR were adopted by the United States with the enactment on August 2, 2005, of the Dominican Republic—Central America—United States Free Trade Agreement Implementation Act (the ‘‘Act’’), Public Law 109–53, 119 Stat. 462 (19 U.S.C. 4001 et seq.). Section 210 of the Act requires that regulations be prescribed as necessary to implement these provisions of the CAFTA–DR. On June 13, 2008, CBP published CBP Dec. 08–22 in the Federal Register (73 E:\FR\FM\17AUR1.SGM 17AUR1 50696 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations FR 33673), setting forth interim amendments to implement the preferential tariff treatment and customs-related provisions of the CAFTA–DR. In order to provide transparency and facilitate their use, the majority of the CAFTA–DR implementing regulations set forth in CBP Dec. 08–22 were included within subpart J in part 10 of the CBP regulations (19 CFR subpart J, part 10). However, in those cases in which CAFTA–DR implementation was more appropriate in the context of an existing regulatory provision, the CAFTA–DR regulatory text was incorporated in an existing part within the CBP regulations. Although the interim regulatory amendments were promulgated without prior public notice and comment procedures and took effect on June 13, 2008, CBP Dec. 08–22 provided for the submission of public comments that would be considered before adopting the interim regulations as a final rule. The prescribed public comment period closed on August 12, 2008. jdjones on DSK8KYBLC1PROD with RULES Discussion of Comment Received in Response to CBP Dec. 08–22 Only one response was received to the solicitation of comments on the interim rule set forth in CBP Dec. 08–22. The points raised by the commenter are discussed below. Comment: The commenter referenced § 10.584(a)(4) of the interim regulations which sets forth a statement that must be included as part of the certification on which an importer may rely in making a preference claim under the CAFTA–DR. In regard to the second sentence of the statement, concerning the maintenance and presentation of documentation in support of representations made in the certification, the commenter recommended that this language be amended to provide a time period within which the documentation must be maintained. The commenter recommends a time period of 18 months from the date of execution of the certification. CBP’s Response: Section 10.587(a) of the CBP regulations, concerning the maintenance of records, implements Article 4.19.2 of the CAFTA–DR by providing that all records and documents that an importer has in support of a claim for preferential tariff treatment under the CAFTA–DR must be maintained for a minimum of five years after the date of importation. CBP believes it is unnecessary to repeat this time period for the retention of records in the statement set forth in § 10.584(a)(4). VerDate Mar<15>2010 14:55 Aug 16, 2010 Jkt 220001 Comment: The commenter requested a clarification of § 10.584(f), which states that a properly completed, signed, and dated certification will be accepted as valid for four years following the date on which it was signed. CBP’s Response: Section 10.584(f) reflects Article 4.16.5 of the CAFTA–DR which provides that the ‘‘* * * certification shall be valid for four years after the date it was issued.’’ CBP believes that this provision potentially impacts upon the acceptability of CAFTA–DR preference claims made by U.S. importers that are based on certifications. An importer may make such a claim based either on a certification or on the importer’s knowledge that the good qualifies as an originating good. See § 10.583(a). If the certification forms the basis for the claim, § 10.584(a)(2) requires that the certification be in the possession of the importer at the time the claim is made. A certification will not be accepted as a valid basis for a preference claim if it predates the date of the claim by more than four years; however, it may serve as the basis for a new certification that would be acceptable. It should be noted that the four-year limitation on the validity of a certification will not be a factor in any subsequent verification by CBP of a CAFTA–DR preference claim, assuming that the claim was based on a properly completed and timely certification. For example, if CBP conducts a verification of a CAFTA–DR claim more than four years after the date of the certification upon which the claim was based, the fact that the four-year period has expired at that point will not serve as a basis for CBP to deny the claim. Again, this assumes that the certification was valid in all respects at the time the claim for preferential tariff treatment was made to CBP. Comment: The commenter asserted that § 10.585(a)(1) and (a)(2) impose impossible obligations on the importer. These provisions state that an importer who makes a claim for preferential tariff treatment under the CAFTA–DR (1) will be deemed to have ‘‘certified’’ that the good is eligible for such treatment; and (2) is responsible for the truthfulness of the claim and the information in the certification. According to the commenter, unless the importer has conducted an audit of the producer’s books and records, it cannot ‘‘certify’’ that the good is eligible for preference or attest to the truthfulness of the claim and the information in the certification. In this regard, the commenter noted that some producers may be reluctant to open their books and records to their customers, including U.S. importers. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 CBP’s Response: CBP disagrees with the commenter’s assertion that the importer should not be responsible for certifying that the goods are eligible for preference or for the truthfulness of the claim and the information in the certification. It is the responsibility of the U.S. importer of the goods for which preference is sought to file the appropriate entry with CBP and make the claim for preferential tariff treatment for the goods. In making this claim, the importer is responsible for exercising reasonable care to ensure that the goods are entitled to such treatment. CBP acknowledges that some producers may be reluctant to open their books to importers, but notes that an importer who has not acted fraudulently but nevertheless made an incorrect claim, is not subject to penalties if the importer promptly and voluntarily makes a corrected declaration and pays any duties owing. (19 CFR 10.585, 10.621, 10.623) Comment: The commenter objected to the requirement in § 10.587(a) that an importer claiming CAFTA–DR preference must maintain, for a minimum of five years after the date of importation, all records and documents that the importer has demonstrating that the goods qualify for such treatment. According to the commenter, it is not reasonable or necessary to require that the importer maintain non-entry type documents for a five year period. The commenter recommended that the fiveyear record retention requirement be limited only to the certification. CBP’s Response: As previously indicated, § 10.587(a) implements Article 4.19.2 of the CAFTA–DR which requires each Party to the Agreement to provide that an importer claiming preference under the Agreement for a good imported into its territory ‘‘shall maintain, for a minimum of five years from the date of importation of the good, all records and documents necessary to demonstrate the good qualified for the preferential tariff treatment.’’ CBP believes that adopting the commenter’s recommended change to § 10.587(a) would be contrary to the specific language of the CAFTA–DR set forth above. Comment: The commenter requested that CBP clarify in the preamble to this final rule document that the word ‘‘transshipment’’, as used in §§ 10.588(b), 10.604, 10.609, and 10.610, is not intended to refer to ‘‘illegal transshipment’’, which is the meaning sometimes associated with term ‘‘transshipment’’ when used in the context of textile and apparel imports. CBP’s Response: In the context in which the word ‘‘transshipment’’ is used E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES in the above-referenced provisions, CBP doubts that it would be misinterpreted as suggested by the commenter. However, to avoid any potential confusion in this regard, CBP confirms that the word ‘‘transshipment’’, as used in the above-referenced provisions, is not intended to mean ‘‘illegal transshipment’’. Comment: The commenter recommended that, to avoid confusion, the heading ‘‘Rules of Origin’’ immediately preceding § 10.593 be replaced with ‘‘Preference Rules of Origin’’ or some other similar wording. CBP’s Response: CBP does not believe that the heading ‘‘Rules of Origin’’ requires any clarification in this context. The provisions set forth in subpart J, part 10 of the CBP regulations exclusively concern and implement the preferential tariff treatment provisions of the CAFTA–DR. Additionally, CBP notes that the same heading appears in the CBP regulations implementing a number of other free trade agreements (‘‘FTAs’’), including, for example, the United States-Chile Free Trade Agreement (see 19 CFR subpart H, part 10) and the United States-Singapore Free Trade Agreement (see 19 CFR subpart I, part 10). Comment: The commenter referenced § 10.617, which sets forth a special rule for verifications conducted in an exporting CAFTA–DR Party relating to textile and apparel goods imported into the United States. The commenter asked that CBP amend this section to require that the U.S. importer be notified when a request for a verification is made by CBP to the government of an exporting Party. According to the commenter, advising U.S. importers that such a request has been made will help to ensure that the foreign producer or exporter takes the inquiry seriously and provides the appropriate information without undue delay and confusion. CBP’s Response: Section 10.617 implements Article 3.24 of the CAFTA– DR which sets forth detailed procedures for conducting verifications in an exporting CAFTA–DR Party at the request of the importing Party and does not require the notification requested by the commenter. However, we do note that § 10.585 of the CBP regulations provides an importer the opportunity to arrange to have an exporter or producer provide to CBP any information relied upon in making a certification. Changes to the Regulations The final rulemaking text set forth below incorporates the following changes which CBP believes are necessary as result of further internal review of the interim regulatory text: VerDate Mar<15>2010 14:55 Aug 16, 2010 Jkt 220001 1. In § 10.31, relating to temporary importations under bond, the last sentence in paragraph (f) has been revised to add Costa Rica to the list of countries. The CAFTA–DR entered into force with respect to Costa Rica on January 1, 2009 (see Presidential Proclamation 8331 dated December 23, 2008, published in the Federal Register on December 30, 2008 (73 FR 79585)); 2. In § 10.582, the portion of the definition of ‘‘Customs duty’’ set forth in paragraph (d)(2) has been revised to correct an error by changing the first letter of the word ‘‘Domestic’’ from uppercase to lowercase; 3. In § 10.583, concerning the filing of a CAFTA–DR preference claim upon importation, the first sentence in paragraph (c) has been revised to replace the cross-reference to ‘‘paragraph (a)’’ with the correct cross-reference, ‘‘paragraph (b)’’; 4. In § 10.592, relating to the processing procedures for postimportation duty refund claims: a. Paragraph (d)(1) has been revised to add a reference to ‘‘§ 10.588’’ immediately preceding the second reference to ‘‘§ 10.591’’ to clarify that the failure of an importer to satisfy the requirements of § 10.588 may be the basis for a denial of a post-importation duty refund claim; and b. Paragraph (d)(1) has been further revised to remove the words ‘‘initiation of’’ in the phrase ‘‘following initiation of an origin verification’’ to more accurately reflect when determinations are made by CBP based upon the results of origin verifications; 5. In § 10.593, which sets forth definitions relating to the rules of origin: a. The portion of the definition of ‘‘Class of motor vehicles’’ set forth in paragraph (b)(3) has been revised to remove the unnecessary word ‘‘provided’’ immediately preceding the words ‘‘for the transport of’’; and b. The definition of ‘‘reasonably allocate’’ in paragraph (p) has been revised to capitalize the first letter in each of the words ‘‘generally accepted accounting principles’’, consistent with the manner in which those words appear in other provisions in 19 CFR subpart J, part 10 (see, for example, §§ 10.593(e) and 10.596(d)); 6. In § 10.595, concerning the regional value content test, paragraph (d)(2) has been revised to capitalize the first letter in each of the words ‘‘generally accepted accounting principles’’, consistent with the manner in which those words are used elsewhere in 19 CFR subpart J, part 10; 7. In § 10.598, which sets forth the de minimis rules and exceptions: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 50697 a. Paragraph (c)(1)(ii) has been revised to update four of the HTSUS subheadings referenced in that paragraph: 5402.10.30, 5402.10.60, 5402.41.10, and 5402.41.90. These subheadings, which encompass nylon filament yarns, were replaced by subheadings 5402.11.30, 5402.11.60, 5402.45.10, and 5402.45.90, respectively (see Presidential Proclamation 8097 dated December 27, 2006, published in the Federal Register on January 4, 2007 (72 FR 453)); and b. Paragraph (c)(3) has been revised to replace the first reference to the words ‘‘group of fibers’’ with ‘‘fiber’’ and to replace the words ‘‘yarn, fabric, or group of fibers’’ at the end of the paragraph with the word ‘‘good’’. These changes more closely conform this provision to the wording in section 203(f)(3)(C) of the Act; 8. Section 10.606, concerning the filing of tariff preference level (TPL) claims for certain non-originating apparel goods, has been revised to reflect the addition of certain apparel articles that may be entitled to preferential tariff treatment under applicable TPLs (see Presidential Proclamation 8213 dated December 20, 2007, published in the Federal Register on December 27, 2007 (72 FR 73555), as modified by Presidential Proclamation 8272 dated June 30, 2008, published in the Federal Register on July 3, 2008 (73 FR 38297); and Presidential Proclamation 8331 of December 23, 2008, published in the Federal Register on December 30, 2008 (73 FR 79585)); 9. Section 10.607, which sets forth the apparel goods eligible for TPL claims, has been revised consistent with the updates described above in regard to § 10.606; 10. Section 10.608, concerning the submission of a certificate of eligibility in support of a TPL claim, has been revised to clarify that the certificate is required only in connection with TPL claims for certain qualifying apparel goods from Nicaragua; 11. In § 10.616, concerning verifications by CBP of CAFTA–DR preference claims: a. The introductory text of paragraph (a) has been revised to add a reference to ‘‘§ 10.591’’ immediately after the reference to ‘‘§ 10.583(b)’’ to clarify that a post-importation duty refund claim may also be subject to a verification by the port director; and b. Paragraph (a)(4) has been revised to replace the word ‘‘Parties’’ with the words ’’ United States and the exporting Party’’, which more closely conform to the wording in Article 4.20.1(e) of the CAFTA–DR; E:\FR\FM\17AUR1.SGM 17AUR1 50698 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES 12. In § 10.617, which sets forth a special rule for verifications in an exporting Party relating to U.S. imports of textile and apparel goods, paragraph (b)(3)(ii) has been revised to correct an error by replacing the words ‘‘to any to any’’ with the words ‘‘to any’’; 13. In § 10.625, relating to the retroactive application of the CAFTA– DR for textile and apparel goods: a. The paragraph (b) introductory text has been revised to replace the words ‘‘the date of the entry into force of the Agreement with respect to the last CAFTA–DR country’’ with ‘‘January 1, 2009’’ to reflect the date on which the CAFTA–DR entered into force with respect to Costa Rica. Of the six foreign signatories to the CAFTA–DR, Costa Rica was the last country for which the Agreement entered into force; b. The paragraph (c) introductory text has been revised to replace the words ‘‘within 90 days after the date of the entry into force of the Agreement for the last CAFTA–DR country’’ with ‘‘April 1, 2009’’, consistent with the change discussed above in regard to paragraph (b); and c. Paragraph (d) has been revised to remove the definition of ‘‘last CAFTA– DR country’’ in paragraph (d)(2) since those words no longer appear in § 10.625 as a result of the changes to paragraphs (b) and (c). The definition of ‘‘textile or apparel good’’ in paragraph (d)(3) also has been removed as these words are already defined in § 10.582, which sets forth general definitions for purposes of the CAFTA–DR; 14. In § 24.23, which concerns merchandise processing fees and exemptions from the application of those fees, paragraph (c)(9) has been revised to replace ‘‘January 1, 2005’’ with the correct date on which the CAFTA–DR first entered into effect, ‘‘March 1, 2006’’ (see Presidential Proclamation 7987 dated February 28, 2006, published in the Federal Register on March 2, 2006 (71 FR 10827)); and 15. In § 163.1, relating to recordkeeping requirements, paragraph (a)(2)(x) has been revised to correct an error by replacing ‘‘an’’ with ‘‘a’’. subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. Conclusion Accordingly, based on the analysis of the comment received and the additional considerations discussed above, CBP believes that the interim regulations published as CBP Dec. 08– 22 should be adopted as a final rule with certain changes as discussed above and as set forth below. 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. Executive Order 12866 CBP has determined that this document is not a regulation or rule 19 CFR Part 10 Alterations, Bonds, Customs duties and inspection, Exports, Imports, VerDate Mar<15>2010 14:55 Aug 16, 2010 Jkt 220001 Regulatory Flexibility Act CBP Dec. 08–22 was issued as an interim rule rather than a notice of proposed rulemaking because CBP had determined that the interim regulations involve a foreign affairs function of the United States pursuant to section 553(a)(1) of the Administrative Procedure Act. Because no notice of proposed rulemaking was required, 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. Paperwork Reduction Act The collections of information in this final rule have previously been reviewed and approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651–0125. The collections of information in these regulations are in §§ 10.583 and 10.584. This information is required in connection with claims for preferential tariff treatment under the CAFTA–DR and the Act and will be used by CBP to determine eligibility for tariff preference under the CAFTA–DR and the Act. The likely respondents are business organizations including importers, exporters, and manufacturers. The estimated average annual burden associated with the collection of information in this final rule is 0.2 hours per respondent or record keeper. Under the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. List of Subjects PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 24 Accounting, Customs duties and inspection, Financial and accounting procedures, Reporting and recordkeeping requirements, Trade agreements, User fees. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 178 Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements. Amendments to the CBP Regulations Accordingly, the interim rule amending parts 10, 24, 162, 163, and 178 of the CBP regulations (19 CFR parts 10, 24, 162, 163, and 178), which was published at 73 FR 33673 on June 13, 2008, is adopted as a final rule with certain changes as discussed above and as set forth below. ■ 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 J continue to read as follows: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; * * * * * Sections 10.581 through 10.625 also issued under 19 U.S.C. 1202 (General Note 29, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 109– 53, 119 Stat. 462 (19 U.S.C. 4001 note). § 10.31 [Amended] 2. In § 10.31, paragraph (f) is amended by removing the words ‘‘or the Dominican Republic’’ in the last sentence and adding, in their place, the words ‘‘the Dominican Republic, or Costa Rica’’. ■ § 10.582 [Amended] 3. In § 10.582, paragraph (d)(2) is amended by removing the word ‘‘Domestic’’ and adding, in its place, the word ‘‘domestic’’. ■ E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations § 10.583 [Amended] 4. In § 10.583, paragraph (c) is amended by removing the reference to ‘‘paragraph (a)’’ in the first sentence and adding, in its place, a reference to ‘‘paragraph (b)’’. ■ § 10.592 [Amended] 5. In § 10.592: paragraph (d)(1) is amended by removing the second reference to ‘‘§ 10.591’’ in the paragraph and adding, in its place, a reference to ‘‘§§ 10.588 and 10.591’’, and by removing the words ‘‘initiation of’’. ■ § 10.593 [Amended] 6. In § 10.593: a. Paragraph (b)(3) is amended by removing the word ‘‘provided’’ immediately preceding the words ‘‘for the transport of’’; and ■ b. Paragraph (p) is amended by removing the words ‘‘generally accepted accounting principles’’ and adding, in their place, the words ‘‘Generally Accepted Accounting Principles’’. ■ ■ § 10.595 § 10.607 Goods eligible for tariff preference level claims. [Amended] 7. In § 10.595, paragraph (d)(2) is amended by removing the words ‘‘generally accepted accounting principles’’ and adding, in their place, the words ‘‘Generally Accepted Accounting Principles’’. ■ 8. Section 10.598 is amended by revising paragraphs (c)(1)(ii) and (c)(3) to read as follows: ■ § 10.598 De minimis. * * * * (c) * * * (1) * * * (ii) The yarns are nylon filament yarns (other than elastomeric yarns) that are provided for in subheading 5402.11.30, 5402.11.60, 5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.45.10, 5402.45.90, 5402.51.00, or 5402.61.00, HTSUS, and that are products of Canada, Mexico, or Israel. * * * * * (3) Yarn, fabric, or fiber. For purposes of paragraph (c) of this section, in the case of a textile or apparel good that is a yarn, fabric, or fiber, the term ‘‘component of the good that determines the tariff classification of the good’’ means all of the fibers in the good. ■ 9. Section 10.606 is revised to read as follows: jdjones on DSK8KYBLC1PROD with RULES * § 10.606 level. Filing of claim for tariff preference Apparel goods of a Party described in § 10.607 of this subpart that do not qualify as originating goods under § 10.594 of this subpart may nevertheless be entitled to preferential VerDate Mar<15>2010 14:55 Aug 16, 2010 tariff treatment under the CAFTA–DR under an applicable tariff preference level (TPL). To make a TPL claim, the importer must include on the entry summary, or equivalent documentation, the applicable subheading in Chapter 98 or 99 of the HTSUS immediately above the applicable subheading in Chapter 61 or 62 of the HTSUS under which each non-originating apparel good is classified. The applicable Chapter 98 and 99 subheadings are: (a) Subheading 9822.05.11 or 9822.05.13 for goods described in § 10.607(a); (b) Subheading 9915.61.01 for goods described in § 10.607(b) and (c); (c) Subheading 9915.62.05 for goods described in § 10.607(d); (d) Subheading 9915.62.15 for goods described in § 10.607(e); and (e) Subheading 9915.61.03 or 9915.61.04 for goods described in § 10.607(f); ■ 10. Section 10.607 is revised to read as follows: Jkt 220001 The following goods are eligible for a TPL claim filed under § 10.606 of this subpart: (a) Cumulation for certain woven apparel goods of a Party. In accordance with General Note 29(d)(vii), HTSUS, for purposes of determining whether a good of Chapter 62, HTSUS, is an originating good, materials used in the production of the good produced in the territory of Mexico that would have been considered originating if produced in the territory of a Party, will be considered as having been produced in the territory of a Party. The applicable product-specific and chapter rules for Chapter 62, HTSUS, set forth in General Note 29, HTSUS, must be satisfied. The preferential tariff treatment is limited to the quantities specified in U.S. Note 21(b), Subchapter XXII, Chapter 98, HTSUS, except that the following goods made from wool fabric are not subject to these limits: men’s and boys’ and women’s and girls’ suits, trousers, suittype jackets and blazers and vests and women’s and girls’ skirts, provided that such goods are not made of carded wool fabric or made from wool yarn having an average fiber diameter of not over 18.5 microns. Subheading 9822.05.11, HTSUS, applies to the goods described above that are subject to quantitative limits while subheading 9822.05.13, HTSUS, applies to the goods described above that are not subject to such limits; (b) Cotton or man-made fiber apparel goods of Nicaragua. Cotton or manmade fiber apparel goods described in U.S. Note 15(b), Subchapter XV, Chapter PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 50699 99, HTSUS, that are both cut (or knitto-shape) and sewn or otherwise assembled in the territory of Nicaragua, and that meet the applicable conditions for preferential tariff treatment under the CAFTA–DR, other than the condition that they are originating goods. The preferential tariff treatment is limited to the quantities specified in U.S. Note 15(c), Subchapter XV, Chapter 99, HTSUS; (c) Men’s wool sport coats of Nicaragua. Men’s sport coats described in U.S. Note 15(b), Subchapter XV, Chapter 99, HTSUS, provided that the component that determines the tariff classification of the good is of carded wool fabric of subheading 5111.11.70, 5111.19.60, or 5111.90.90, HTSUS, the goods are both cut (or knit-to-shape) and sewn or otherwise assembled in the territory of Nicaragua, and the goods meet the applicable conditions for preferential tariff treatment under the CAFTA–DR, other than the condition that they are originating goods. The preferential tariff treatment is limited to the quantities specified in U.S. Note 15(c), Subchapter XV, Chapter 99, HTSUS; (d) Apparel goods of Costa Rica, not knitted or crocheted. Apparel goods described in U.S. Note 16(b), Subchapter XV, Chapter 99, HTSUS, not knitted or crocheted, containing 36 percent or more by weight of wool or subject to wool restraints, provided that the goods are both cut and sewn or otherwise assembled in the territory of Costa Rica, meet the applicable conditions for preferential tariff treatment under the CAFTA–DR, other than the condition that they are originating goods, and comply with the requirements set forth in chapter rules 1, 3, 4, and 5 for Chapter 62 of General Note 29, HTSUS. The preferential tariff treatment is limited to the quantities specified in U.S. Note 16(a), Subchapter XV, Chapter 99, HTSUS.; (e) Apparel goods of Costa Rica made from wool fabric. Apparel goods described in U.S. Note 16(d), Subchapter XV, Chapter 99, HTSUS, made from fabric of wool (except fabric of carded wool or fabric made from wool yarn having an average fiber diameter of less than or equal to 18.5 microns), provided that the goods are both cut and sewn or otherwise assembled in the territory of Costa Rica, and meet the applicable conditions for preferential tariff treatment under the CAFTA–DR, other than the condition that they are originating goods. The preferential tariff treatment is limited to the quantities specified in U.S. Note 16(c), Subchapter XV, Chapter 99, HTSUS; and E:\FR\FM\17AUR1.SGM 17AUR1 50700 Federal Register / Vol. 75, No. 158 / Tuesday, August 17, 2010 / Rules and Regulations (f) Mastectomy swimsuits of Costa Rica. Women’s knitted or crocheted swimwear, classified in subheading 6112.41.00 (of synthetic fibers) or 6112.49.00, HTSUS (of other textile fibers), specially designed to accommodate post-mastectomy breast prostheses, containing two full size interior pockets with side openings, two preformed cups, a supporting elastic band below the breast and vertical center stitching to separate the two pockets, provided that the goods are both cut (or knit-to-shape) and sewn or otherwise assembled in the territory of Costa Rica, and meet the applicable conditions for preferential tariff treatment under the CAFTA–DR, other than the condition that they are originating goods. Subheading 9915.61.03, HTSUS, applies to the swimsuits described above classified in subheading 6112.41.00, HTSUS, while subheading 9915.61.04, HTSUS, applies to the swimsuits described above classified in subheading 6112.49.00, HTSUS. The preferential tariff treatment is limited to the quantities specified in U.S. Note 17(a), Subchapter XV, Chapter 99, HTSUS. ■ 11. Section 10.608 is amended by revising the heading and the first sentence to read as follows: § 10.608 Submission of certificate of eligibility for certain apparel goods of Nicaragua. An importer who claims preferential tariff treatment on a non-originating apparel good of Nicaragua specified in paragraphs (b) and (c) of § 10.607 of this subpart must submit a certificate of eligibility issued by an authorized official of the Government of Nicaragua, demonstrating that the good is eligible for entry under the applicable TPL. * * * § 10.616 [Amended] 12. In § 10.616: a. The introductory text of paragraph (a) is amended by adding a reference to ‘‘or § 10.591’’ immediately following the reference to ‘‘§ 10.583(b)’’; and ■ b. Paragraph (a)(4) is amended by removing the word ‘‘Parties’’ and adding, in its place, the words ‘‘United States and the exporting Party’’. ■ ■ § 10.617 13. In § 10.617, paragraph (b)(3)(ii) is amended by removing the words ‘‘to any to any’’ and adding, in their place, the words ‘‘to any’’. ■ 14. Section 10.625 is amended by revising the paragraph (b) introductory text, the paragraph (c) introductory text, and paragraph (d) to read as follows: jdjones on DSK8KYBLC1PROD with RULES ■ 14:55 Aug 16, 2010 Jkt 220001 Refunds of excess customs * * * * * (b) General. Notwithstanding 19 U.S.C. 1514 or any other provision of law, and subject to paragraph (c) of this section, a textile or apparel good of an eligible CAFTA–DR country that was entered or withdrawn from warehouse for consumption on or after January 1, 2004, and before January 1, 2009, will be liquidated or reliquidated at the applicable rate of duty for that good set out in the Schedule of the United States to Annex 3.3 of the Agreement, and CBP will refund any excess customs duties paid with respect to such entry, with interest accrued from the date of entry, provided: * * * * * (c) Request for liquidation or reliquidation. Liquidation or reliquidation may be made under paragraph (b) of this section with respect to an entry of a textile or apparel good of an eligible CAFTA–DR country only if a request for liquidation or reliquidation is filed with the CBP port where the entry was originally filed by April 1, 2009, and the request contains sufficient information to enable CBP: * * * * * (d) Eligible CAFTA–DR country defined. For purposes of this section, the term ‘‘eligible CAFTA–DR country’’ means a country that the United States Trade Representative has determined, by notice published in the Federal Register, to be an eligible country for purposes of section 205 of the Act. PART 24—CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE 15. The general authority citation for Part 24 and the specific authority for § 24.23 continue to read as follows: ■ Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1505, 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107–296, 116 Stat. 2135 (6 U.S.C. 1 et seq.). * * * * * Section 24.23 also issued under 19 U.S.C. 3332; * * § 24.23 [Amended] VerDate Mar<15>2010 § 10.625 duties. * * * [Amended] 16. In § 24.23, paragraph (c)(9) is amended by removing the date ‘‘January 1, 2005’’ and adding, in its place, the date ‘‘March 1, 2006’’. ■ PART 163—RECORDKEEPING 17. The authority citation for part 163 continues to read as follows: ■ PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. § 163.1 [Amended] 18. In § 163.1, paragraph (a)(2)(x) is amended by removing the word ‘‘an’’ and adding, in its place, the word ‘‘a’’. ■ Alan Bersin, Commissioner, U.S. Customs and Border Protection. Approved: August 11, 2010. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2010–20246 Filed 8–16–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100, 117, 147, and 165 [USCG–2010–0732] Quarterly Listings; Safety Zones, Security Zones, Special Local Regulations, and Drawbridge Operation Regulations Coast Guard, DHS. Notice of expired temporary rules issued. AGENCY: ACTION: This document provides required notice of substantive rules issued by the Coast Guard and temporarily effective between February 2006 and August 2009, that expired before they could be published in the Federal Register. This notice lists temporary safety zones, security zones, special local regulations, and drawbridge operation regulations, all of limited duration and for which timely publication in the Federal Register was not possible. DATES: This document lists temporary Coast Guard rules between February 10, 2006 and August 9, 2009 that became effective and were terminated before they could be published in the Federal Register. ADDRESSES: The Docket Management Facility maintains the public docket for this notice. Documents indicated in this notice will be available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building ground floor, room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: For questions on this notice contact Yeoman First Class Denise Johnson, Office of Regulations and Administrative Law, SUMMARY: E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Rules and Regulations]
[Pages 50695-50700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20246]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

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

[USCBP-2008-0060; CBP Dec. 10-26]
RIN 1515-AD60 (Formerly 1505-AB84)


Dominican Republic--Central America--United States Free Trade 
Agreement

AGENCIES: Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule, with some changes, 
interim amendments to title 19 of the Code of Federal Regulations 
(``CFR'') which were published in the Federal Register on June 13, 
2008, as CBP Dec. 08-22 to implement the preferential tariff treatment 
and other customs-related provisions of the Dominican Republic--Central 
America--United States Free Trade Agreement.

DATES: Final rule effective September 16, 2010.

FOR FURTHER INFORMATION CONTACT:
    Textile Operational Aspects: Robert Abels, Trade Policy and 
Programs, Office of International Trade, (202) 863-6503.
    Other Operational Aspects: Seth Mazze, Trade Policy and Programs, 
Office of International Trade, (202) 863-6567.
    Legal Aspects: Karen Greene, Regulations and Rulings, Office of 
International Trade, (202) 325-0041.

SUPPLEMENTARY INFORMATION:

Background

    On August 5, 2004, the governments of Costa Rica, the Dominican 
Republic, El Salvador, Guatemala, Honduras, Nicaragua, and the United 
States signed the Dominican Republic--Central America--United States 
Free Trade Agreement (``CAFTA-DR'' or ``Agreement'').
    The provisions of the CAFTA-DR were adopted by the United States 
with the enactment on August 2, 2005, of the Dominican Republic--
Central America--United States Free Trade Agreement Implementation Act 
(the ``Act''), Public Law 109-53, 119 Stat. 462 (19 U.S.C. 4001 et 
seq.). Section 210 of the Act requires that regulations be prescribed 
as necessary to implement these provisions of the CAFTA-DR.
    On June 13, 2008, CBP published CBP Dec. 08-22 in the Federal 
Register (73

[[Page 50696]]

FR 33673), setting forth interim amendments to implement the 
preferential tariff treatment and customs-related provisions of the 
CAFTA-DR. In order to provide transparency and facilitate their use, 
the majority of the CAFTA-DR implementing regulations set forth in CBP 
Dec. 08-22 were included within subpart J in part 10 of the CBP 
regulations (19 CFR subpart J, part 10). However, in those cases in 
which CAFTA-DR implementation was more appropriate in the context of an 
existing regulatory provision, the CAFTA-DR regulatory text was 
incorporated in an existing part within the CBP regulations.
    Although the interim regulatory amendments were promulgated without 
prior public notice and comment procedures and took effect on June 13, 
2008, CBP Dec. 08-22 provided for the submission of public comments 
that would be considered before adopting the interim regulations as a 
final rule. The prescribed public comment period closed on August 12, 
2008.

Discussion of Comment Received in Response to CBP Dec. 08-22

    Only one response was received to the solicitation of comments on 
the interim rule set forth in CBP Dec. 08-22. The points raised by the 
commenter are discussed below.
    Comment: The commenter referenced Sec.  10.584(a)(4) of the interim 
regulations which sets forth a statement that must be included as part 
of the certification on which an importer may rely in making a 
preference claim under the CAFTA-DR. In regard to the second sentence 
of the statement, concerning the maintenance and presentation of 
documentation in support of representations made in the certification, 
the commenter recommended that this language be amended to provide a 
time period within which the documentation must be maintained. The 
commenter recommends a time period of 18 months from the date of 
execution of the certification.
    CBP's Response: Section 10.587(a) of the CBP regulations, 
concerning the maintenance of records, implements Article 4.19.2 of the 
CAFTA-DR by providing that all records and documents that an importer 
has in support of a claim for preferential tariff treatment under the 
CAFTA-DR must be maintained for a minimum of five years after the date 
of importation. CBP believes it is unnecessary to repeat this time 
period for the retention of records in the statement set forth in Sec.  
10.584(a)(4).
    Comment: The commenter requested a clarification of Sec.  
10.584(f), which states that a properly completed, signed, and dated 
certification will be accepted as valid for four years following the 
date on which it was signed.
    CBP's Response: Section 10.584(f) reflects Article 4.16.5 of the 
CAFTA-DR which provides that the ``* * * certification shall be valid 
for four years after the date it was issued.'' CBP believes that this 
provision potentially impacts upon the acceptability of CAFTA-DR 
preference claims made by U.S. importers that are based on 
certifications. An importer may make such a claim based either on a 
certification or on the importer's knowledge that the good qualifies as 
an originating good. See Sec.  10.583(a). If the certification forms 
the basis for the claim, Sec.  10.584(a)(2) requires that the 
certification be in the possession of the importer at the time the 
claim is made. A certification will not be accepted as a valid basis 
for a preference claim if it predates the date of the claim by more 
than four years; however, it may serve as the basis for a new 
certification that would be acceptable.
    It should be noted that the four-year limitation on the validity of 
a certification will not be a factor in any subsequent verification by 
CBP of a CAFTA-DR preference claim, assuming that the claim was based 
on a properly completed and timely certification. For example, if CBP 
conducts a verification of a CAFTA-DR claim more than four years after 
the date of the certification upon which the claim was based, the fact 
that the four-year period has expired at that point will not serve as a 
basis for CBP to deny the claim. Again, this assumes that the 
certification was valid in all respects at the time the claim for 
preferential tariff treatment was made to CBP.
    Comment: The commenter asserted that Sec.  10.585(a)(1) and (a)(2) 
impose impossible obligations on the importer. These provisions state 
that an importer who makes a claim for preferential tariff treatment 
under the CAFTA-DR (1) will be deemed to have ``certified'' that the 
good is eligible for such treatment; and (2) is responsible for the 
truthfulness of the claim and the information in the certification. 
According to the commenter, unless the importer has conducted an audit 
of the producer's books and records, it cannot ``certify'' that the 
good is eligible for preference or attest to the truthfulness of the 
claim and the information in the certification. In this regard, the 
commenter noted that some producers may be reluctant to open their 
books and records to their customers, including U.S. importers.
    CBP's Response: CBP disagrees with the commenter's assertion that 
the importer should not be responsible for certifying that the goods 
are eligible for preference or for the truthfulness of the claim and 
the information in the certification. It is the responsibility of the 
U.S. importer of the goods for which preference is sought to file the 
appropriate entry with CBP and make the claim for preferential tariff 
treatment for the goods. In making this claim, the importer is 
responsible for exercising reasonable care to ensure that the goods are 
entitled to such treatment. CBP acknowledges that some producers may be 
reluctant to open their books to importers, but notes that an importer 
who has not acted fraudulently but nevertheless made an incorrect 
claim, is not subject to penalties if the importer promptly and 
voluntarily makes a corrected declaration and pays any duties owing. 
(19 CFR 10.585, 10.621, 10.623)
    Comment: The commenter objected to the requirement in Sec.  
10.587(a) that an importer claiming CAFTA-DR preference must maintain, 
for a minimum of five years after the date of importation, all records 
and documents that the importer has demonstrating that the goods 
qualify for such treatment. According to the commenter, it is not 
reasonable or necessary to require that the importer maintain non-entry 
type documents for a five year period. The commenter recommended that 
the five-year record retention requirement be limited only to the 
certification.
    CBP's Response: As previously indicated, Sec.  10.587(a) implements 
Article 4.19.2 of the CAFTA-DR which requires each Party to the 
Agreement to provide that an importer claiming preference under the 
Agreement for a good imported into its territory ``shall maintain, for 
a minimum of five years from the date of importation of the good, all 
records and documents necessary to demonstrate the good qualified for 
the preferential tariff treatment.'' CBP believes that adopting the 
commenter's recommended change to Sec.  10.587(a) would be contrary to 
the specific language of the CAFTA-DR set forth above.
    Comment: The commenter requested that CBP clarify in the preamble 
to this final rule document that the word ``transshipment'', as used in 
Sec. Sec.  10.588(b), 10.604, 10.609, and 10.610, is not intended to 
refer to ``illegal transshipment'', which is the meaning sometimes 
associated with term ``transshipment'' when used in the context of 
textile and apparel imports.
    CBP's Response: In the context in which the word ``transshipment'' 
is used

[[Page 50697]]

in the above-referenced provisions, CBP doubts that it would be 
misinterpreted as suggested by the commenter. However, to avoid any 
potential confusion in this regard, CBP confirms that the word 
``transshipment'', as used in the above-referenced provisions, is not 
intended to mean ``illegal transshipment''.
    Comment: The commenter recommended that, to avoid confusion, the 
heading ``Rules of Origin'' immediately preceding Sec.  10.593 be 
replaced with ``Preference Rules of Origin'' or some other similar 
wording.
    CBP's Response: CBP does not believe that the heading ``Rules of 
Origin'' requires any clarification in this context. The provisions set 
forth in subpart J, part 10 of the CBP regulations exclusively concern 
and implement the preferential tariff treatment provisions of the 
CAFTA-DR. Additionally, CBP notes that the same heading appears in the 
CBP regulations implementing a number of other free trade agreements 
(``FTAs''), including, for example, the United States-Chile Free Trade 
Agreement (see 19 CFR subpart H, part 10) and the United States-
Singapore Free Trade Agreement (see 19 CFR subpart I, part 10).
    Comment: The commenter referenced Sec.  10.617, which sets forth a 
special rule for verifications conducted in an exporting CAFTA-DR Party 
relating to textile and apparel goods imported into the United States. 
The commenter asked that CBP amend this section to require that the 
U.S. importer be notified when a request for a verification is made by 
CBP to the government of an exporting Party. According to the 
commenter, advising U.S. importers that such a request has been made 
will help to ensure that the foreign producer or exporter takes the 
inquiry seriously and provides the appropriate information without 
undue delay and confusion.
    CBP's Response: Section 10.617 implements Article 3.24 of the 
CAFTA-DR which sets forth detailed procedures for conducting 
verifications in an exporting CAFTA-DR Party at the request of the 
importing Party and does not require the notification requested by the 
commenter. However, we do note that Sec.  10.585 of the CBP regulations 
provides an importer the opportunity to arrange to have an exporter or 
producer provide to CBP any information relied upon in making a 
certification.

Changes to the Regulations

    The final rulemaking text set forth below incorporates the 
following changes which CBP believes are necessary as result of further 
internal review of the interim regulatory text:
    1. In Sec.  10.31, relating to temporary importations under bond, 
the last sentence in paragraph (f) has been revised to add Costa Rica 
to the list of countries. The CAFTA-DR entered into force with respect 
to Costa Rica on January 1, 2009 (see Presidential Proclamation 8331 
dated December 23, 2008, published in the Federal Register on December 
30, 2008 (73 FR 79585));
    2. In Sec.  10.582, the portion of the definition of ``Customs 
duty'' set forth in paragraph (d)(2) has been revised to correct an 
error by changing the first letter of the word ``Domestic'' from 
uppercase to lowercase;
    3. In Sec.  10.583, concerning the filing of a CAFTA-DR preference 
claim upon importation, the first sentence in paragraph (c) has been 
revised to replace the cross-reference to ``paragraph (a)'' with the 
correct cross-reference, ``paragraph (b)'';
    4. In Sec.  10.592, relating to the processing procedures for post-
importation duty refund claims:
    a. Paragraph (d)(1) has been revised to add a reference to ``Sec.  
10.588'' immediately preceding the second reference to ``Sec.  10.591'' 
to clarify that the failure of an importer to satisfy the requirements 
of Sec.  10.588 may be the basis for a denial of a post-importation 
duty refund claim; and
    b. Paragraph (d)(1) has been further revised to remove the words 
``initiation of'' in the phrase ``following initiation of an origin 
verification'' to more accurately reflect when determinations are made 
by CBP based upon the results of origin verifications;
    5. In Sec.  10.593, which sets forth definitions relating to the 
rules of origin:
    a. The portion of the definition of ``Class of motor vehicles'' set 
forth in paragraph (b)(3) has been revised to remove the unnecessary 
word ``provided'' immediately preceding the words ``for the transport 
of''; and
    b. The definition of ``reasonably allocate'' in paragraph (p) has 
been revised to capitalize the first letter in each of the words 
``generally accepted accounting principles'', consistent with the 
manner in which those words appear in other provisions in 19 CFR 
subpart J, part 10 (see, for example, Sec. Sec.  10.593(e) and 
10.596(d));
    6. In Sec.  10.595, concerning the regional value content test, 
paragraph (d)(2) has been revised to capitalize the first letter in 
each of the words ``generally accepted accounting principles'', 
consistent with the manner in which those words are used elsewhere in 
19 CFR subpart J, part 10;
    7. In Sec.  10.598, which sets forth the de minimis rules and 
exceptions:
    a. Paragraph (c)(1)(ii) has been revised to update four of the 
HTSUS subheadings referenced in that paragraph: 5402.10.30, 5402.10.60, 
5402.41.10, and 5402.41.90. These subheadings, which encompass nylon 
filament yarns, were replaced by subheadings 5402.11.30, 5402.11.60, 
5402.45.10, and 5402.45.90, respectively (see Presidential Proclamation 
8097 dated December 27, 2006, published in the Federal Register on 
January 4, 2007 (72 FR 453)); and
    b. Paragraph (c)(3) has been revised to replace the first reference 
to the words ``group of fibers'' with ``fiber'' and to replace the 
words ``yarn, fabric, or group of fibers'' at the end of the paragraph 
with the word ``good''. These changes more closely conform this 
provision to the wording in section 203(f)(3)(C) of the Act;
    8. Section 10.606, concerning the filing of tariff preference level 
(TPL) claims for certain non-originating apparel goods, has been 
revised to reflect the addition of certain apparel articles that may be 
entitled to preferential tariff treatment under applicable TPLs (see 
Presidential Proclamation 8213 dated December 20, 2007, published in 
the Federal Register on December 27, 2007 (72 FR 73555), as modified by 
Presidential Proclamation 8272 dated June 30, 2008, published in the 
Federal Register on July 3, 2008 (73 FR 38297); and Presidential 
Proclamation 8331 of December 23, 2008, published in the Federal 
Register on December 30, 2008 (73 FR 79585));
    9. Section 10.607, which sets forth the apparel goods eligible for 
TPL claims, has been revised consistent with the updates described 
above in regard to Sec.  10.606;
    10. Section 10.608, concerning the submission of a certificate of 
eligibility in support of a TPL claim, has been revised to clarify that 
the certificate is required only in connection with TPL claims for 
certain qualifying apparel goods from Nicaragua;
    11. In Sec.  10.616, concerning verifications by CBP of CAFTA-DR 
preference claims:
    a. The introductory text of paragraph (a) has been revised to add a 
reference to ``Sec.  10.591'' immediately after the reference to 
``Sec.  10.583(b)'' to clarify that a post-importation duty refund 
claim may also be subject to a verification by the port director; and
    b. Paragraph (a)(4) has been revised to replace the word 
``Parties'' with the words '' United States and the exporting Party'', 
which more closely conform to the wording in Article 4.20.1(e) of the 
CAFTA-DR;

[[Page 50698]]

    12. In Sec.  10.617, which sets forth a special rule for 
verifications in an exporting Party relating to U.S. imports of textile 
and apparel goods, paragraph (b)(3)(ii) has been revised to correct an 
error by replacing the words ``to any to any'' with the words ``to 
any'';
    13. In Sec.  10.625, relating to the retroactive application of the 
CAFTA-DR for textile and apparel goods:
    a. The paragraph (b) introductory text has been revised to replace 
the words ``the date of the entry into force of the Agreement with 
respect to the last CAFTA-DR country'' with ``January 1, 2009'' to 
reflect the date on which the CAFTA-DR entered into force with respect 
to Costa Rica. Of the six foreign signatories to the CAFTA-DR, Costa 
Rica was the last country for which the Agreement entered into force;
    b. The paragraph (c) introductory text has been revised to replace 
the words ``within 90 days after the date of the entry into force of 
the Agreement for the last CAFTA-DR country'' with ``April 1, 2009'', 
consistent with the change discussed above in regard to paragraph (b); 
and
    c. Paragraph (d) has been revised to remove the definition of 
``last CAFTA-DR country'' in paragraph (d)(2) since those words no 
longer appear in Sec.  10.625 as a result of the changes to paragraphs 
(b) and (c). The definition of ``textile or apparel good'' in paragraph 
(d)(3) also has been removed as these words are already defined in 
Sec.  10.582, which sets forth general definitions for purposes of the 
CAFTA-DR;
    14. In Sec.  24.23, which concerns merchandise processing fees and 
exemptions from the application of those fees, paragraph (c)(9) has 
been revised to replace ``January 1, 2005'' with the correct date on 
which the CAFTA-DR first entered into effect, ``March 1, 2006'' (see 
Presidential Proclamation 7987 dated February 28, 2006, published in 
the Federal Register on March 2, 2006 (71 FR 10827)); and
    15. In Sec.  163.1, relating to recordkeeping requirements, 
paragraph (a)(2)(x) has been revised to correct an error by replacing 
``an'' with ``a''.

Conclusion

    Accordingly, based on the analysis of the comment received and the 
additional considerations discussed above, CBP believes that the 
interim regulations published as CBP Dec. 08-22 should be adopted as a 
final rule with certain changes as discussed above and as set forth 
below.

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 implements an international 
agreement and therefore is specifically exempted by section 3(d)(2) of 
Executive Order 12866.

Regulatory Flexibility Act

    CBP Dec. 08-22 was issued as an interim rule rather than a notice 
of proposed rulemaking because CBP had determined that the interim 
regulations involve a foreign affairs function of the United States 
pursuant to section 553(a)(1) of the Administrative Procedure Act. 
Because no notice of proposed rulemaking was required, 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.

Paperwork Reduction Act

    The collections of information in this final rule have previously 
been reviewed and approved by the Office of Management and Budget in 
accordance with the requirements of the Paperwork Reduction Act (44 
U.S.C. 3507) under control number 1651-0125.
    The collections of information in these regulations are in 
Sec. Sec.  10.583 and 10.584. This information is required in 
connection with claims for preferential tariff treatment under the 
CAFTA-DR and the Act and will be used by CBP to determine eligibility 
for tariff preference under the CAFTA-DR and the Act. The likely 
respondents are business organizations including importers, exporters, 
and manufacturers.
    The estimated average annual burden associated with the collection 
of information in this final rule is 0.2 hours per respondent or record 
keeper. Under the Paperwork Reduction Act, an agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a valid OMB control number.

Signing Authority

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

List of Subjects

19 CFR Part 10

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

19 CFR Part 24

    Accounting, Customs duties and inspection, Financial and accounting 
procedures, Reporting and recordkeeping requirements, Trade agreements, 
User fees.

19 CFR Part 162

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

19 CFR Part 163

    Administrative practice and procedure, Customs duties and 
inspection, Exports, Imports, Reporting and recordkeeping requirements, 
Trade agreements.

19 CFR Part 178

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

Amendments to the CBP Regulations

0
Accordingly, the interim rule amending parts 10, 24, 162, 163, and 178 
of the CBP regulations (19 CFR parts 10, 24, 162, 163, and 178), which 
was published at 73 FR 33673 on June 13, 2008, is adopted as a final 
rule with certain changes as discussed above and 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 J continue to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 3314;
* * * * *
    Sections 10.581 through 10.625 also issued under 19 U.S.C. 1202 
(General Note 29, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 109-53, 119 
Stat. 462 (19 U.S.C. 4001 note).


Sec.  10.31  [Amended]

0
2. In Sec.  10.31, paragraph (f) is amended by removing the words ``or 
the Dominican Republic'' in the last sentence and adding, in their 
place, the words ``the Dominican Republic, or Costa Rica''.


Sec.  10.582  [Amended]

0
3. In Sec.  10.582, paragraph (d)(2) is amended by removing the word 
``Domestic'' and adding, in its place, the word ``domestic''.

[[Page 50699]]

Sec.  10.583  [Amended]

0
4. In Sec.  10.583, paragraph (c) is amended by removing the reference 
to ``paragraph (a)'' in the first sentence and adding, in its place, a 
reference to ``paragraph (b)''.


Sec.  10.592  [Amended]

0
5. In Sec.  10.592: paragraph (d)(1) is amended by removing the second 
reference to ``Sec.  10.591'' in the paragraph and adding, in its 
place, a reference to ``Sec. Sec.  10.588 and 10.591'', and by removing 
the words ``initiation of''.


Sec.  10.593  [Amended]

0
6. In Sec.  10.593:
0
a. Paragraph (b)(3) is amended by removing the word ``provided'' 
immediately preceding the words ``for the transport of''; and
0
b. Paragraph (p) is amended by removing the words ``generally accepted 
accounting principles'' and adding, in their place, the words 
``Generally Accepted Accounting Principles''.


Sec.  10.595  [Amended]

0
7. In Sec.  10.595, paragraph (d)(2) is amended by removing the words 
``generally accepted accounting principles'' and adding, in their 
place, the words ``Generally Accepted Accounting Principles''.

0
8. Section 10.598 is amended by revising paragraphs (c)(1)(ii) and 
(c)(3) to read as follows:


Sec.  10.598  De minimis.

* * * * *
    (c) * * *
    (1) * * *
    (ii) The yarns are nylon filament yarns (other than elastomeric 
yarns) that are provided for in subheading 5402.11.30, 5402.11.60, 
5402.31.30, 5402.31.60, 5402.32.30, 5402.32.60, 5402.45.10, 5402.45.90, 
5402.51.00, or 5402.61.00, HTSUS, and that are products of Canada, 
Mexico, or Israel.
* * * * *
    (3) Yarn, fabric, or fiber. For purposes of paragraph (c) of this 
section, in the case of a textile or apparel good that is a yarn, 
fabric, or fiber, the term ``component of the good that determines the 
tariff classification of the good'' means all of the fibers in the 
good.

0
9. Section 10.606 is revised to read as follows:


Sec.  10.606  Filing of claim for tariff preference level.

    Apparel goods of a Party described in Sec.  10.607 of this subpart 
that do not qualify as originating goods under Sec.  10.594 of this 
subpart may nevertheless be entitled to preferential tariff treatment 
under the CAFTA-DR under an applicable tariff preference level (TPL). 
To make a TPL claim, the importer must include on the entry summary, or 
equivalent documentation, the applicable subheading in Chapter 98 or 99 
of the HTSUS immediately above the applicable subheading in Chapter 61 
or 62 of the HTSUS under which each non-originating apparel good is 
classified. The applicable Chapter 98 and 99 subheadings are:
    (a) Subheading 9822.05.11 or 9822.05.13 for goods described in 
Sec.  10.607(a);
    (b) Subheading 9915.61.01 for goods described in Sec.  10.607(b) 
and (c);
    (c) Subheading 9915.62.05 for goods described in Sec.  10.607(d);
    (d) Subheading 9915.62.15 for goods described in Sec.  10.607(e); 
and
    (e) Subheading 9915.61.03 or 9915.61.04 for goods described in 
Sec.  10.607(f);
0
10. Section 10.607 is revised to read as follows:


Sec.  10.607  Goods eligible for tariff preference level claims.

    The following goods are eligible for a TPL claim filed under Sec.  
10.606 of this subpart:
    (a) Cumulation for certain woven apparel goods of a Party. In 
accordance with General Note 29(d)(vii), HTSUS, for purposes of 
determining whether a good of Chapter 62, HTSUS, is an originating 
good, materials used in the production of the good produced in the 
territory of Mexico that would have been considered originating if 
produced in the territory of a Party, will be considered as having been 
produced in the territory of a Party. The applicable product-specific 
and chapter rules for Chapter 62, HTSUS, set forth in General Note 29, 
HTSUS, must be satisfied. The preferential tariff treatment is limited 
to the quantities specified in U.S. Note 21(b), Subchapter XXII, 
Chapter 98, HTSUS, except that the following goods made from wool 
fabric are not subject to these limits: men's and boys' and women's and 
girls' suits, trousers, suit-type jackets and blazers and vests and 
women's and girls' skirts, provided that such goods are not made of 
carded wool fabric or made from wool yarn having an average fiber 
diameter of not over 18.5 microns. Subheading 9822.05.11, HTSUS, 
applies to the goods described above that are subject to quantitative 
limits while subheading 9822.05.13, HTSUS, applies to the goods 
described above that are not subject to such limits;
    (b) Cotton or man-made fiber apparel goods of Nicaragua. Cotton or 
man-made fiber apparel goods described in U.S. Note 15(b), Subchapter 
XV, Chapter 99, HTSUS, that are both cut (or knit-to-shape) and sewn or 
otherwise assembled in the territory of Nicaragua, and that meet the 
applicable conditions for preferential tariff treatment under the 
CAFTA-DR, other than the condition that they are originating goods. The 
preferential tariff treatment is limited to the quantities specified in 
U.S. Note 15(c), Subchapter XV, Chapter 99, HTSUS;
    (c) Men's wool sport coats of Nicaragua. Men's sport coats 
described in U.S. Note 15(b), Subchapter XV, Chapter 99, HTSUS, 
provided that the component that determines the tariff classification 
of the good is of carded wool fabric of subheading 5111.11.70, 
5111.19.60, or 5111.90.90, HTSUS, the goods are both cut (or knit-to-
shape) and sewn or otherwise assembled in the territory of Nicaragua, 
and the goods meet the applicable conditions for preferential tariff 
treatment under the CAFTA-DR, other than the condition that they are 
originating goods. The preferential tariff treatment is limited to the 
quantities specified in U.S. Note 15(c), Subchapter XV, Chapter 99, 
HTSUS;
    (d) Apparel goods of Costa Rica, not knitted or crocheted. Apparel 
goods described in U.S. Note 16(b), Subchapter XV, Chapter 99, HTSUS, 
not knitted or crocheted, containing 36 percent or more by weight of 
wool or subject to wool restraints, provided that the goods are both 
cut and sewn or otherwise assembled in the territory of Costa Rica, 
meet the applicable conditions for preferential tariff treatment under 
the CAFTA-DR, other than the condition that they are originating goods, 
and comply with the requirements set forth in chapter rules 1, 3, 4, 
and 5 for Chapter 62 of General Note 29, HTSUS. The preferential tariff 
treatment is limited to the quantities specified in U.S. Note 16(a), 
Subchapter XV, Chapter 99, HTSUS.;
    (e) Apparel goods of Costa Rica made from wool fabric. Apparel 
goods described in U.S. Note 16(d), Subchapter XV, Chapter 99, HTSUS, 
made from fabric of wool (except fabric of carded wool or fabric made 
from wool yarn having an average fiber diameter of less than or equal 
to 18.5 microns), provided that the goods are both cut and sewn or 
otherwise assembled in the territory of Costa Rica, and meet the 
applicable conditions for preferential tariff treatment under the 
CAFTA-DR, other than the condition that they are originating goods. The 
preferential tariff treatment is limited to the quantities specified in 
U.S. Note 16(c), Subchapter XV, Chapter 99, HTSUS; and

[[Page 50700]]

    (f) Mastectomy swimsuits of Costa Rica. Women's knitted or 
crocheted swimwear, classified in subheading 6112.41.00 (of synthetic 
fibers) or 6112.49.00, HTSUS (of other textile fibers), specially 
designed to accommodate post-mastectomy breast prostheses, containing 
two full size interior pockets with side openings, two preformed cups, 
a supporting elastic band below the breast and vertical center 
stitching to separate the two pockets, provided that the goods are both 
cut (or knit-to-shape) and sewn or otherwise assembled in the territory 
of Costa Rica, and meet the applicable conditions for preferential 
tariff treatment under the CAFTA-DR, other than the condition that they 
are originating goods. Subheading 9915.61.03, HTSUS, applies to the 
swimsuits described above classified in subheading 6112.41.00, HTSUS, 
while subheading 9915.61.04, HTSUS, applies to the swimsuits described 
above classified in subheading 6112.49.00, HTSUS. The preferential 
tariff treatment is limited to the quantities specified in U.S. Note 
17(a), Subchapter XV, Chapter 99, HTSUS.

0
11. Section 10.608 is amended by revising the heading and the first 
sentence to read as follows:


Sec.  10.608  Submission of certificate of eligibility for certain 
apparel goods of Nicaragua.

    An importer who claims preferential tariff treatment on a non-
originating apparel good of Nicaragua specified in paragraphs (b) and 
(c) of Sec.  10.607 of this subpart must submit a certificate of 
eligibility issued by an authorized official of the Government of 
Nicaragua, demonstrating that the good is eligible for entry under the 
applicable TPL. * * *


Sec.  10.616  [Amended]

0
12. In Sec.  10.616:
0
a. The introductory text of paragraph (a) is amended by adding a 
reference to ``or Sec.  10.591'' immediately following the reference to 
``Sec.  10.583(b)''; and
0
b. Paragraph (a)(4) is amended by removing the word ``Parties'' and 
adding, in its place, the words ``United States and the exporting 
Party''.


Sec.  10.617  [Amended]

0
13. In Sec.  10.617, paragraph (b)(3)(ii) is amended by removing the 
words ``to any to any'' and adding, in their place, the words ``to 
any''.

0
14. Section 10.625 is amended by revising the paragraph (b) 
introductory text, the paragraph (c) introductory text, and paragraph 
(d) to read as follows:


Sec.  10.625  Refunds of excess customs duties.

* * * * *
    (b) General. Notwithstanding 19 U.S.C. 1514 or any other provision 
of law, and subject to paragraph (c) of this section, a textile or 
apparel good of an eligible CAFTA-DR country that was entered or 
withdrawn from warehouse for consumption on or after January 1, 2004, 
and before January 1, 2009, will be liquidated or reliquidated at the 
applicable rate of duty for that good set out in the Schedule of the 
United States to Annex 3.3 of the Agreement, and CBP will refund any 
excess customs duties paid with respect to such entry, with interest 
accrued from the date of entry, provided:
* * * * *
    (c) Request for liquidation or reliquidation. Liquidation or 
reliquidation may be made under paragraph (b) of this section with 
respect to an entry of a textile or apparel good of an eligible CAFTA-
DR country only if a request for liquidation or reliquidation is filed 
with the CBP port where the entry was originally filed by April 1, 
2009, and the request contains sufficient information to enable CBP:
* * * * *
    (d) Eligible CAFTA-DR country defined. For purposes of this 
section, the term ``eligible CAFTA-DR country'' means a country that 
the United States Trade Representative has determined, by notice 
published in the Federal Register, to be an eligible country for 
purposes of section 205 of the Act.

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

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

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


Sec.  24.23  [Amended]

0
16. In Sec.  24.23, paragraph (c)(9) is amended by removing the date 
``January 1, 2005'' and adding, in its place, the date ``March 1, 
2006''.

PART 163--RECORDKEEPING

0
17. The authority citation for part 163 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 
1624.


Sec.  163.1  [Amended]

0
18. In Sec.  163.1, paragraph (a)(2)(x) is amended by removing the word 
``an'' and adding, in its place, the word ``a''.

Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: August 11, 2010.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2010-20246 Filed 8-16-10; 8:45 am]
BILLING CODE 9111-14-P