CBP Dec. 10-29; Technical Corrections to Customs and Border Protection Regulations, 52446-52452 [2010-21253]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52446-52452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21253]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Parts 4, 10, 12, 18, 101, 103, 118, 122, 141, 146, 159, 162, 
and 192


CBP Dec. 10-29; Technical Corrections to Customs and Border 
Protection Regulations

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: Customs and Border Protection (CBP) periodically reviews its 
regulations to ensure that they are current, correct, and consistent. 
Through this review process, CBP discovered a number of discrepancies. 
This document amends various sections of title 19 of the Code of 
Federal Regulations to correct those discrepancies.

DATES: The final rule is effective August 26, 2010.

FOR FURTHER INFORMATION CONTACT: Robert Shervette, Regulations and 
Rulings, Office of International Trade, (202) 325-0274.

SUPPLEMENTARY INFORMATION:

Background

    It is the policy of Customs and Border Protection (CBP) to 
periodically review title 19 of the Code of Federal Regulations to 
ensure that it is as accurate and up-to-date as possible so that the 
importing and general public are aware of CBP programs, requirements, 
and procedures regarding import-related activities. As part of this 
review policy, CBP has determined that certain corrections are 
necessary affecting parts 4, 10, 12, 18, 101, 103, 118, 122, 141, 146, 
159, 162, and 192 of the CBP regulations (19 CFR parts 4, 10, 12, 18, 
101, 103, 118, 122, 141, 146, 159, 162, and 192).

Discussion of Changes

Part 4

    Section 4.12 of the CBP regulations (19 CFR 4.12), involving the 
process of notifying CBP of a manifest discrepancy, contains a 
typographical error in the designation of paragraph ``(a)(5)(a)''. The 
paragraph should properly read as ``(a)(5)''. Accordingly, this 
document amends Sec.  4.12 by replacing the paragraph designation 
``(a)(5)(a)'' with ``(a)(5)''.

Part 10

    Section 10.31(g) of the CBP regulations (19 CFR 10.31(g)) provides 
for free entry of particular classes of products which have previously 
been entered if the ``original entry was made on the basis of a 
clerical error, mistake of fact, or other inadvertence within the 
meaning of section 520(c)(1) of the Tariff Act of 1930, as amended.'' 
Section 520(c) of the Tariff Act of 1930 (19 U.S.C. 1520(c)), which was 
an exception to the finality of the liquidation of an entry under 
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), was repealed by 
section 2105 of the Miscellaneous Trade and Technical Corrections Act 
of 2004 (``Trade Act of 2004'') (Pub. L. 108-429, 118 Stat. 2598 
(December 3, 2004)).
    Section 2103(1)(A) of the Trade Act of 2004 also amended section 
514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) to include 
clerical errors, mistakes of fact, and other inadvertence as bases of 
protest of CBP decisions. See Public Law 108-429, 118 Stat. 2597. 
Therefore, in order to reflect the inclusion of clerical error, mistake 
of fact, or other inadvertence as bases of protest in section 514(a) 
and the removal of section 520(c), Sec.  10.31(g) is amended to replace 
the reference to section 520(c)(1) of the Tariff Act of 1930, as 
amended, with a reference to section 514(a) of the Tariff Act of 1930, 
as amended. In addition, Sec.  10.31(g) is being amended by replacing 
outdated references to ``Customs custody'', ``the Customs Service'', 
and ``Customs territory'' with ``CBP custody'', ``CBP'', and ``customs 
territory'', respectively. This is consistent with the transfer of the 
legacy U.S. Customs Service of the Department of the Treasury to the 
Department of Homeland Security (DHS) in 2003 and the subsequent 
renaming of the agency as U.S. Customs and Border Protection by DHS on 
March 31, 2007 (see 72 FR 20131, dated April 23, 2007). See also 75 FR 
12445, dated March 16, 2010.
    Section 10.36(b) of the CBP regulations (19 CFR 10.36(b)), 
pertaining to the temporary importation under bond of theatrical 
effects and other articles contains a reference to subheading 
9813.00.65, Harmonized Tariff Schedule of the United States (HTSUS), 19 
U.S.C. 1202. This tariff number was replaced on January 4, 1995, with 
subheading 9817.00.98, HTSUS, by Presidential Proclamation 6763 
(December 23, 1994). Section 10.36(b) is amended to replace the 
outdated subheading with subheading 9817.00.98, HTSUS. Section 10.36 is 
also being amended to replace outdated nomenclature references to 
reflect the changes effected by the transfer of CBP to DHS.
    Sections 10.191(b)(1) and 10.195(b)(1) of the CBP regulations (19 
CFR 10.191(b)(1) and 10.195(b)(1)), involving regulations implementing 
the Caribbean Basin Economic Recovery Act (CBERA), are being amended to 
conform to amendments to the CBERA enacted in the 2005 Dominican 
Republic--Central America--United States Free Trade Agreement 
Implementation Act (CAFTA-DR Act) (Pub. L. 109-53, 119 Stat. 462). 
Section 402(a) and (c) of the CAFTA-DR Act amended sections 212(a)(1) 
and 213(a)(1), respectively, of the CBERA (19 U.S.C. 2702(a)(1) and 
2703(a)(1)). As a result of these amendments, any cost or value of 
materials or direct costs of processing operations attributable to 
``former beneficiary countries'' may be included

[[Page 52447]]

for purposes of satisfying the 35 percent value-content requirement 
under the CBERA (see 19 U.S.C. 2702(a)(1)(B)). ``Former beneficiary 
countries'' are defined in the 2005 CAFTA-DR Act as countries that are 
no longer designated beneficiary countries under the CBERA because they 
have become parties to a free trade agreement with the United States.
    This document amends Sec.  10.191(b)(1) by adding language stating 
that when the word ``former'' is used in conjunction with ``beneficiary 
country'' it means a country that ceases to be designated as a 
beneficiary country because the country has become a party to a 
separate free trade agreement with the United States. Section 
10.191(b)(1) is also being amended in this document by adding 
references to General Notes 7(a) and 7(b)(i)(C), HTSUS, which list the 
CBERA beneficiary countries and former beneficiary countries, 
respectively. In addition, this document amends Sec.  10.195(b)(1) by 
adding a reference to ``former beneficiary country.'' Currently, 
``former beneficiary countries'' consist of the 6 countries that are 
parties to the CAFTA-DR (other than the United States)--Costa Rica, 
Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua.
    Section 10.411(a)(2)(vi) of the CBP regulations (19 CFR 
10.411(a)(2)(vi)), involving the certification of origin import 
requirements under the United States-Chile Free Trade Agreement (CFTA), 
contains an incorrect reference to Sec.  10.411(e). The correct 
reference should be to Sec.  10.411(f), which is the paragraph that 
lists the preference criteria that should be included on the 
certification of origin documentation. Section 10.411(e) has nothing to 
do with the ``preference criterion'' reference in Sec.  
10.411(a)(2)(vi). This document amends Sec.  10.411(a)(2)(vi) by 
replacing the reference to ``paragraph (e)'' with ``paragraph (f)''.
    Section 10.442(d)(1) of the CBP regulations (19 CFR 10.442(d)(1)) 
sets forth the circumstances under which CBP may deny post-importation 
duty refund claims under the CFTA. These circumstances include a 
determination by the port director that the imported good did not 
qualify as an originating good at the time of importation ``following 
initiation of an origin verification''. This document amends Sec.  
10.442(d)(1) by removing the potentially misleading words ``initiation 
of'' from the above-quoted phrase to more accurately reflect when 
determinations are made by CBP based upon the results of origin 
verifications.
    Section 10.470(a) of the CBP regulations (19 CFR 10.470(a)), 
concerning verifications by CBP of CFTA preference claims, 
inadvertently omits any reference to post-importation duty refund 
claims made under Sec.  10.442. This document amends the introductory 
text of Sec.  10.470(a) to add a reference to ``Sec.  10.442'' 
immediately after the reference to ``10.410'' to clarify that the port 
director may initiate a verification with respect to both post-
importation duty refund claims and preference claims made at the time 
of importation.
    Section 10.809(d)(7) of the CBP regulations (19 CFR 10.809(d)(7)), 
involving terms that are defined for the purposes of the rules of 
origin under the United States-Bahrain Free Trade Agreement (BFTA), 
contains an incorrect reference to ``paragraph (d)(5)''. This does not 
accurately reflect section 202(i)(3)(G) of the United States-Bahrain 
Free Trade Agreement Implementation Act, Public Law 109-169, 119 Stat. 
3581 (19 U.S.C. 3805 note). The correct reference should be to 
``paragraph (d)(6)''. This document amends Sec.  10.809(d)(7) by 
replacing the reference to ``paragraph (d)(5)'' with ``paragraph 
(d)(6)''.
    In Sec.  10.809(n) of the CBP regulations (19 CFR 10.809(n)), which 
defines ``simple combining or packaging operations'', the words ``or 
packing or repacking'' toward the end of the definition should read 
``and repacking and packaging'' to be consistent with the implementing 
statute, section 202(i)(10) of the United States-Bahrain Free Trade 
Agreement Implementation Act. This document amends Sec.  10.809(n) to 
replace the words ``or packing or repacking'' with the words ``and 
repacking and packaging''.
    Section 10.811(a)(1) of the CBP regulations (19 CFR 10.811(a)(1)) 
sets forth the maximum percentage of the production weight of fibers 
and yarns not originating in Bahrain or the United States that may be 
used in the production of a textile or apparel good and still qualify 
the good for preferential tariff treatment under the BFTA. There is an 
omission in this paragraph with reference to the words ``* * * the 
total weight of all such fibers is not more * * *''. These words should 
read ``* * * the total weight of all such fibers or yarns is not more * 
* *'' (emphasis added). See section 202(h)(1)(A) of the United States-
Bahrain Free Trade Agreement Implementation Act. This document amends 
Sec.  10.811(a)(1) by adding the words ``or yarns'' following the words 
``all such fibers''.

Part 12

    Section 12.8 of the CBP regulations (19 CFR 12.8), involving the 
inspection, bonding, and release of meat and meat-food products, 
contains a reference to ``section 306, Tariff Act of 1930''. That 
provision was repealed by section 10418(a)(5) of the Farm Security and 
Rural Investment Act of 2002 (Pub. L. 107-171, 116 Stat. 507 (May 13, 
2002)). Currently, the regulation of meat and meat-food products 
entering the United States is covered by the Animal Health Protection 
Act (7 U.S.C. 8301, et seq.). Accordingly, this document amends part 12 
of the CBP regulations (19 CFR part 12) to remove the reference and 
reflect the correct authority citation in Sec.  12.8. In addition, 
Sec.  12.8 is being amended by replacing references to ``Customs'' with 
``CBP''.
    Section 12.74 of the CBP regulations (19 CFR 12.74), which relates 
to the documentation required for importation of nonroad and stationary 
engines relative to the emission standards set by the Environmental 
Protection Agency (EPA), contains inaccurate citations to the 
regulations of the EPA. The EPA published a final rule in the Federal 
Register on July 11, 2006 (71 FR 39154), which established new 
standards of performance for stationary compression ignition internal 
combustion engines, and was effective on September 11, 2006. 
Accordingly, this document amends part 12 of the CBP regulations (19 
CFR part 12) to conform Sec.  12.74 to the current EPA regulations.
    Section 12.112(b) of the CBP regulations (19 CFR 12.112(b)) 
pertains to the importation of chemicals that can be used as 
pesticides, but are not imported for use as pesticides. This section 
contains an inaccurate reference to ``the Abbreviated List of 
Pesticides compiled by the Environmental Protection Agency''. This 
document amends Sec.  112.12(b) to remove the incorrect reference and 
replace it with the correct title of the EPA Handbook which contains 
the listing of the pesticide products and a cite to that agency's 
website for the public's convenience.
    Section 12.123(b) of the CBP regulations (19 CFR 12.123(b)) 
contains a reference to ``Customs Form 7551, 7553, or 7595''. These 
forms were abolished and replaced by CBP Form 301 in order to modernize 
the CBP bond structure and simplify the transactions between CBP and 
the importing community. See Treasury Decision (T.D.) 84-213, 49 FR 
41171. This document amends Sec.  12.123(b) to remove the outdated 
references to these forms and replace them with the correct reference 
to CBP Form 301.

[[Page 52448]]

Parts 12 and 141

    Sections 12.1(a), 12.3(a), and 141.113(c) of the CBP regulations 
(19 CFR 12.1(a), 12.3(a), 141.113(c)) set forth, in part, joint 
regulations issued by the Food and Drug Administration (FDA), 
Department of Health and Human Services, and the Department of the 
Treasury concerning the admissibility of imported food, drugs, devices, 
and cosmetics pursuant to sections 701(b) and 801 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 371(b) and 381). On June 22, 
2009, the Family Smoking Prevention and Tobacco Control Act (Pub. L. 
111-31, 123 Stat. 1776) was signed by the President into law and 
amended the FFDCA to give the FDA the authority to regulate tobacco 
products, including imported tobacco products. Accordingly, this 
document amends Sec. Sec.  12.1(a), 12.3(a), and 141.113(c) of the CBP 
regulations to reflect the addition of ``tobacco products'' to the list 
of imported products subject to regulation under the FFDCA.

Part 18

    Section 18.11(e) of the CBP regulations (19 CFR 18.11(e)), 
involving entries for immediate transportation without appraisement, 
contains a typographical error in the first sentence. Section 18.11(e) 
employs the word ``of'' in the phrase ``merchandise subject to 
detention of supervision'' (emphasis added) when the word ``or'' should 
have been used. This document amends Sec.  18.11(e) to correct the 
error to clarify that the entries for immediate transportation without 
appraisement are subject to either detention or supervision by any 
Federal agency. In addition, this document amends Sec.  18.11(e) to 
remove the word ``shall'' in the first and third sentences and replace 
it with ``must'' in order to reflect the mandatory nature of these 
requirements.

Part 101

    Section 101.3 of the CBP regulations (19 CFR 101.3), which contains 
a list of Ports of Entry and Service Ports, contains an incomplete CBP 
Decision number for the Port of Entry of Fargo, North Dakota. This 
document amends Sec.  101.3 to include the correct reference to the 
decision which established Fargo, North Dakota as a Port of Entry: CBP 
Dec. No. 03-09, which was published in the Federal Register (68 FR 
42587) on July 18, 2003.

Part 103

    Section 103.31 of the CBP regulations (19 CFR 103.31) contains an 
outdated reference to the CBP Data Center. This document amends Sec.  
103.31(e)(2) to include the correct reference to the CBP Technology 
Support Center, with the correct telephone number.

Part 118

    Section 118.3 of the CBP regulations (19 CFR 118.3), regarding the 
written agreements between CBP and Centralized Examination Station 
(CES) operators, is being amended to comply with the McNamara-O'Hara 
Service Contract Act of 1965 (SCA) (41 U.S.C. 351, et seq.). The SCA 
applies to every contract entered into by the United States or the 
District of Columbia in excess of $2,500, the principal purpose of 
which is to furnish services to the United States through the use of 
service employees. (41 U.S.C. 351(a)). The SCA applies to the written 
agreement between CBP and the operator of a CES because this agreement 
obligates the operator of a CES to perform the specific services listed 
in Sec.  118.4 of the CBP regulations (19 CFR 118.4), and therefore the 
principal purpose of the agreements is the furnishing of services 
desired by the United States Government. Section 118.3 of the CBP 
regulations (19 CFR 118.3) currently provides that the duration of 
agreements with CES operators ``will not be less than three years nor 
more than six years.'' The term ``six years'' is in conflict with Sec.  
353(d) of SCA, which mandates that contracts to which the SCA applies 
may not exceed five years. (41 U.S.C. 353(d)). Because the SCA requires 
that such agreements cannot exceed a term of five years, CBP is 
amending Sec.  118.3 to reflect the proper time frame. CBP will honor 
existing agreements and will process future agreements with the revised 
term limits upon the effective date of this rule. Section 118.3 is also 
being amended in this document by replacing references to ``Customs'' 
with ``CBP''.

Part 122

    Section 122.42(b)(2) of the CBP regulations (19 CFR 122.42(b)(2)) 
sets forth the requirement for aircraft making entry into the United 
States at other than an international airport. As written, Sec.  
122.42(b)(2) makes a reference to Sec.  122.34, which no longer exists. 
Section 122.34 was redesignated as Sec.  122.14 by a final rule 
published as Treasury Decision (T.D.) 92-90 in the Federal Register (57 
FR 43395) on September 21, 1992.
    Although T.D. 92-90 also amended Sec.  122.33(a)(2) to change a 
reference to Sec.  122.34 with Sec.  122.14 to reflect the above 
redesignation, T.D. 92-90 failed to amend 122.42(b)(2) as well to 
reflect the change. Additionally, Sec.  122.42(b)(2) should include a 
reference to the section in the regulations on user fee airports (Sec.  
122.15) because Sec.  122.42(b)(2) references airports other than 
international airports; and user fee airports are not international 
airports. Accordingly, this document amends Sec.  122.42(b)(2) of the 
CBP regulations by replacing the reference to Sec.  122.34 with Sec.  
122.14 and by adding a reference to Sec.  122.15.

Part 141

    Section 141.4 of the CBP regulations (19 CFR 141.4) sets forth 
exceptions to the requirement that imported merchandise must be 
entered. There is an incorrect reference in Sec.  141.4(c) to ``General 
Note 19(e)'' which should reference ``General Note 3(e).'' General Note 
(GN) 19(e) was transferred to GN 3(e) pursuant to the implementation of 
the 2003 Singapore Free Trade Agreement (SFTA). This document amends 
Sec.  141.4(c) to reflect the correct reference to General Note 3(e).

Part 146

    Section 146.35 of the CBP regulations (19 CFR 146.35) pertains to 
the procedures for the temporary deposit of merchandise in a foreign 
trade zone (FTZ). Pursuant to section 146.35, CBP allows the temporary 
unlading of merchandise in an FTZ where the information or 
documentation necessary to complete CBP Form 214 (``Application for 
Foreign Trade Zone Admission and/or Status Designation'') is not 
available at the time the merchandise arrives within the jurisdiction 
of the port. As currently written, Sec.  146.35(e) requires that CBP 
Form 214 be submitted within five working days and allows the port 
director to grant an extension of this time period.
    Sections 656 and 658 of the Customs Modernization Act provisions of 
the North American Free Trade Agreement Implementation Act (Pub. L. 
103-182, 107 Stat. 2057, Dec. 8, 1993) gave the Secretary of the 
Treasury the authority to prescribe the time by which CBP is to be 
notified of unladen merchandise for which entry has not been made. On 
September 25, 1998, CBP published in the Federal Register (63 FR 
51283), Treasury Decision (T.D.) 98-74, amending Sec. Sec.  4.37, 
122.50, and 123.10, to require a carrier's obligated party to notify 
CBP within fifteen calendar days after unlading of the presence of 
unladen, unentered merchandise. On February 11, 1999, CBP published in 
the Federal Register (64 FR 6801) a correction to T.D. 98-74 noting 
that it had inadvertently omitted Sec.  146.40(c)(3) (19 CFR 
146.40(c)(3)) concerning the time period that merchandise be

[[Page 52449]]

admitted to an FTZ after arrival into the port from within five working 
days to fifteen calendar days, when it changed the regulations to 
reflect a fifteen calendar day period for unladen merchandise to be 
entered into general order. It has now come to CBP's attention that it 
also inadvertently omitted Sec.  146.35(e) when it was changing the 
time frame for merchandise to be admitted into a zone. This document 
changes the time required to file CBP Form 214 from five working days 
to fifteen calendar days and eliminates the port director's discretion 
to grant an extension to make this provision consistent with the 
previous regulatory changes. Accordingly, the document amends Sec.  
146.35(e) to be consistent with the terms of Sec. Sec.  4.37, 122.50, 
123.10, and 146.40(c)(3) requiring the CBP Form 214 to be filed within 
the same time period.

Part 159

    Section 159.11(b) of the CBP regulations (19 CFR 159.11(b)) sets 
forth the applicability of the provisions concerning the statutory time 
frame limit of one year for the liquidation of entries but excluded 
drawback entries in pending drawback claims from this time frame. 
However, section 1563(e) of the Miscellaneous Trade and Technical 
Corrections Act of 2004 (Pub. L. 108-429, 118 Stat. 2434, Dec. 3, 2004) 
amended 19 U.S.C. 1504 to include the applicability of the one year 
deadline to the liquidation of drawback entries or claims for drawback. 
Congress made this correction because it found that without a time 
limitation, CBP was not liquidating drawback claims within a reasonable 
period of time and therefore, this resulted in an open-ended time 
period that a drawback claimant's claim remained subject to a challenge 
by CBP. By including drawback claims within the one year statutory time 
frame that applies to liquidation of entries, Congress removed the 
contingent liability of the drawback claimant having to reimburse the 
U.S. Treasury of any drawback monies paid to the claimant from when the 
claim was actually filed and money was paid to the drawback claimant 
under the accelerated drawback program until the claim liquidated. See 
Senate Report No. 108-28, at 114 (Mar. 20, 2003).
    Accordingly, this document amends Sec.  159.11(b) by removing the 
language that excluded drawback entries from falling under the 
statutory liquidation time limit of one year.

Part 162

    Section 162.23 of the CBP regulations (19 CFR 162.23) pertains to 
seizures effectuated under section 596(c), Tariff Act of 1930, as 
amended (19 U.S.C. 1595a(c)) (Act). The Act was amended by Pub. L. 109-
177, Title III, Sec.  311(d), 120 Stat. 192 (March 9, 2006), which 
added a new paragraph (d) that subjects merchandise exported contrary 
to law, proceeds thereof, and facilitating property to seizure and 
forfeiture. Accordingly, this document amends Sec.  162.23 to conform 
the regulation to the Act. Section 162.23 is also being updated in this 
document by replacing references to ``Customs'' with ``CBP''.

Part 192

    Section 192.14(d) of the CBP regulations (19 CFR 192.14(d)), which 
pertains to the electronic information that is required in advance of 
departure for outward cargo, contains an outdated reference to the 
exemptions from reporting requirements for export cargo located in 
title 15 of the CFR. On June 2, 2008, the Bureau of the Census 
announced amendments to its regulations to implement provisions in the 
Foreign Relations Authorization Act, which went into effect on 
September 30, 2008 (see 73 FR 31548). Since the implementation of these 
amendments, the citation in Sec.  192.14(d) of the CBP regulations to 
the exemptions from reporting requirements contained in the Bureau of 
the Census' regulations are incorrect. Accordingly, this document 
amends Sec.  192.14(d) by removing the incorrect reference to 15 CFR 
30.50 through 30.58, which now pertain to import requirements, and 
adding the correct renumbered citation to the Census regulations, 
namely, 15 CFR 30.35 through 30.40.

Inapplicability of Notice and Delayed Effective Date

    Because the technical corrections set forth in this document merely 
conform to existing law and regulation, CBP finds that good cause 
exists for dispensing with notice and public procedure as unnecessary 
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C. 
553(d)(3), CBP finds that good cause exists for dispensing with the 
requirement for a delayed effective date.

Regulatory Flexibility Act

    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Signing Authority

    This document is limited to technical corrections of the CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b)(1).

List of Subjects

19 CFR Part 4

    Reporting and recordkeeping requirements.

19 CFR Part 10

    Bonds, Customs duties and inspection, Entry, Reporting and 
recordkeeping requirements.

19 CFR Part 12

    Air pollution control, Bonds, Customs duties and inspection, Meats, 
Pesticides, Reporting and recordkeeping requirements.

19 CFR Part 18

    Bonds, Customs duties and inspection, Merchandise in transit, 
Reporting and recordkeeping requirements, Transportation in bond.

19 CFR Part 101

    Administrative practice and procedure, Customs duties and 
inspection, Customs ports of entry, Customs service ports, Customs 
management centers, Harbors, Organization and functions (Government 
agencies), Reporting and recordkeeping requirements, User fee 
facilities.

19 CFR Part 103

    Administrative practice and procedure, Computer technology, 
Confidential business information, Customs duties and inspection, 
Freedom of information, Privacy, Reporting and recordkeeping 
requirements.

19 CFR Part 118

    Administrative practice and procedure, Customs duties and 
inspection, Examination stations, Exports, Imports, Licensing, 
Reporting and recordkeeping requirements.

19 CFR Part 122

    Administrative practice and procedure, Customs duties and 
inspection, Penalties, Reporting and recordkeeping requirements.

19 CFR Part 141

    Customs duties and inspection, Reporting and recordkeeping 
requirements.

[[Page 52450]]

19 CFR Part 146

    Customs duties and inspections, Entry, Foreign trade zones, 
Imports, Reporting and recordkeeping requirements.

19 CFR Part 159

    Customs duties and inspections, Liquidation of entries for 
merchandise.

19 CFR Part 162

    Customs duties and inspection, Exports, Law enforcement, Prohibited 
merchandise, Reporting and recordkeeping requirements, Restricted 
merchandise, Seizures and forfeitures.

19 CFR Part 192

    Customs duties and inspection, Exports, Reporting and recordkeeping 
requirements.

Amendments to CBP Regulations

0
For the reasons set forth above, parts 4, 10, 12, 18, 101, 103, 118, 
122, 141, 146, 159, 162, and 192 of the CBP regulations (19 CFR parts 
4, 10, 12, 18, 101, 103, 118, 122, 141, 146, 159, 162, and 192) are 
amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADE

0
1. The general authority citation for part 4 and the specific authority 
citation for Sec.  4.12 continue to read as follows:

    Authority:  5. U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 501, 60105.
* * * * *
    Section 4.12 also issued under 19 U.S.C. 1584;
* * * * *


Sec.  4.12  [Amended]

0
2. Section 4.12 is amended by redesignating paragraph (a)(5)(a) as 
paragraph (a)(5).

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
3. The general authority citation for part 10 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 3314.
* * * * *


Sec.  10.31  [Amended]

0
4. Sec.  10.31(g):
0
a. The words ``Customs custody'' are removed each place that they 
appear and, in their place, is added the term ``CBP custody'';
0
b. The term ``520(c)(1)'' is removed and, in its place, is added the 
term ``514(a)'';
0
c. The words ``the Customs Service'' are removed and, in their place, 
is added the term ``CBP''; and
0
d. The words ``Customs territory'' is removed and, in their place, are 
added the words ``customs territory''.


Sec.  10.36  [Amended]

0
5. In Sec.  10.36:
0
a. Paragraphs (a) and (c) are amended by removing the words ``Customs 
invoice'' each place that they appear and adding in their place, the 
term ``CBP invoice'';
0
b. Paragraph (b) is amended by removing the number ``9813.00.65'' and 
adding, in its place, the number ``9817.00.98'';
0
c. Paragraph (b) is further amended by removing the words, ``U.S. 
Customs Service'' and adding, in their place, the words, ``U.S. Customs 
and Border Protection'';
0
d. Paragraphs (b) and (c) are amended by removing the words ``Customs 
territory'' each place that they appear, and adding, in their place, 
the words ``customs territory'';
0
e. Paragraphs (b) and (c) are further amended by removing the words 
``Customs officers'' and adding, in their place, the words ``CBP 
officers'', and
0
f. Paragraphs (b) and (c) are further amended by removing the words 
``through Customs'' and adding, in their place, the words ``through 
CBP''.

0
6. In Sec.  10.191:
0
a. Paragraph (b)(1) is amended by adding three new sentences at the end 
of the paragraph;
0
b. Paragraph (b)(2)(iv) is amended by removing the words ``Harmonized 
Tariff Schedule of the United States (HTSUS)'' and adding in their 
place the term ``HTSUS''.
    The revision reads as follows:


Sec.  10.191  General.

* * * * *
    (b) * * *
    (1) * * * See General Note 7(a), Harmonized Tariff Schedule of the 
United States (HTSUS). For purposes of this paragraph, when the word 
``former'' is used in conjunction with the term ``beneficiary 
country'', it means a country that ceases to be designated as a 
beneficiary country under the CBERA because the country has become a 
party to a free trade agreement with the United States. See General 
Note 7(b)(i)(C), HTSUS.
* * * * *


Sec.  10.195  [Amended]

0
7. Section 10.195(b) is amended:
0
a. By removing the words ``and U.S. Virgin Islands'' in the 
introductory paragraph heading and adding in their place the words ``, 
U.S. Virgin Islands, and former beneficiary countries''; and
0
b. In paragraph (b)(1) by removing from the end of the first sentence 
the words ``and the U.S. Virgin Islands'' and adding in their place the 
words ``, U.S. Virgin Islands, and any former beneficiary country'' and 
in the middle of the second sentence by adding the words ``or any 
former beneficiary country'' immediately after the word ``Islands''.


Sec.  10.411  [Amended]

0
8. Section 10.411(a)(2)(vi) is amended by removing the reference to 
``paragraph (e)'' and adding in its place a reference to ``paragraph 
(f)''.


Sec.  10.442  [Amended]

0
9. Section 10.442(d)(1) is amended by removing the words ``initiation 
of''.


Sec.  10.470  [Amended]

0
10. The introductory text of Sec.  10.470(a) is amended by adding a 
reference to ``or Sec.  10.442'' immediately following the reference to 
``Sec.  10.410''.


Sec.  10.809  [Amended]

0
11-13. Section 10.809 is amended:
0
a. In paragraph (d)(7) by removing the reference to ``paragraph 
(d)(5)'' and adding in its place a reference to ``paragraph (d)(6)''; 
and
0
b. In paragraph (n) by removing the words ``or packing or repacking'' 
and adding in their place the words ``and repacking and packaging''.


Sec.  10.811  [Amended]

0
14. Section 10.811(a)(1) is amended by adding the words ``or yarns'' 
immediately after the words ``all such fibers''.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
15. The general authority citation for part 12 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *


Sec.  12.1  [Amended]

0
16. Section 12.1(a) is amended by removing the words ``and cosmetics'' 
and adding in their place the words ``cosmetics, and tobacco 
products''.

[[Page 52451]]

Sec.  12.3  [Amended]

0
17. Section 12.3(a) is amended by adding the words ``tobacco product,'' 
immediately after the word ``cosmetic,''.

0
18. In Sec.  12.8(a) is amended by:
0
a. Revising the first sentence;
0
b. Paragraph (a) is further amended in the third sentence by removing 
from the third sentence the words ``Such meat, meat-food products, 
horse meat and horse meat food products shall'' and adding, in their 
place, the words ``Such meat and meat-food products will''; and
0
c. Removing the word ``Customs'' each time that it appears and adding, 
in its place, the term ``CBP''.
    The revision reads as follows:


Sec.  12.8  Inspection; bond; release.

    (a) All imported meat and meat-food products offered for entry into 
the United States are subject to the regulations prescribed by the 
Secretary of Agriculture under the Animal Health Protection Act. (7 
U.S.C. 8301, et seq.). * * *
* * * * *

0
19. In Sec.  12.74:
0
a. The section heading is revised.
0
b. Paragraph (a) is revised.
0
c. Paragraph (b)(1) is revised.
0
d. Paragraph (b)(2) is amended by removing the words ``a period of at 
least 5'' and adding, in their place, the words ``at least five'', and 
by removing the word ``Customs'' each time that it appears and adding 
in its place the term ``CBP'';
0
e. Paragraph (c)(1) is amended by removing the phrase ``paragraphs 
(c)(3)(i) through (c)(3)(iv)'' and adding, in its place, the phrase 
``paragraph (c)(3)'';
0
f. Paragraph (c)(2) is amended, in the first sentence, by removing the 
phrase ``paragraphs (c)(3)(i) through (c)(3)(iv)'' and adding, in its 
place, the phrase ``paragraph (c)(3)'', by removing the number ``5'' 
and adding in its place the word ``five'', by removing the word 
``Customs'' each time that it appears and adding in its place the term 
``CBP''; and, in the last sentence, by removing the terms ``89.612-
96(d), 90.613(c) & (d), 91.705(c) & (d)'' and adding, in their place, 
the terms ``89.612(d), 90.613(c) and (d), 94.805(c) and (d), and 
1068.335'';
0
g. Paragraph (c)(3)(i) is amended by removing the terms ``89.611-
96(b)(1), 90.612(b)(1), 91.704(b)(1));'' and adding, in their place, 
the terms ``89.611(b)(1), 90.612(b)(1), 94.804(b)(1), 1068.325(a)).'';
0
h. Paragraph (c)(3)(ii) is amended by removing the terms ``89.611-
96(b)(2), 90.612(b)(2), 91.704(b)(2));'' and adding, in their place, 
the terms ``89.611(b)(2), 90.612(b)(2), 94.804(b)(2), 1068.325(b)).'';
0
i. By revising paragraph (c)(3)(iii);
0
j. By revising paragraph (c)(3)(iv);
0
k. Paragraph (d) is amended by removing the term ``Customs'' and 
adding, in its place, the term ``CBP'';
0
l. Paragraph (e) is amended in the first sentence by adding the words 
``or stationary'' after the word ``nonroad'', and by removing the term 
``Customs'' and adding, in its place, the term ``CBP'', and in the 
second sentence by adding the words ``or stationary'' after the word 
``nonroad'', and by removing the word ``otherwise'' and adding, in its 
place, the word ``other''.
    The revisions read as follows:


Sec.  12.74  Nonroad and stationary engine compliance with Federal 
antipollution emission requirements.

    (a) Applicability of EPA regulations. The requirements governing 
the importation of nonroad and stationary engines subject to 
conformance with applicable emissions standards of the U.S. 
Environmental Protection Agency (EPA) are contained in EPA regulations, 
issued under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). 
These EPA regulations should be consulted for detailed information as 
to the admission requirements for subject nonroad and stationary 
engines. See 40 CFR part 1068, subpart D, with the following 
exceptions:
    (1) For nonroad compression-ignition regulated under 40 CFR part 
89, see 40 CFR part 89, subpart G. This applies to certain engines 
through the 2011 model year.
    (2) For nonroad spark-ignition engines at or below 19 kilowatts 
regulated under 40 CFR part 90, see 40 CFR part 90, subpart G. This 
applies to certain engines through the 2011 model year.
    (3) For marine compression-ignition engines regulated under 40 CFR 
part 94, see 40 CFR part 94, subpart I. This includes propulsion 
engines and auxiliary engines installed on marine vessels. This applies 
to certain engines through the 2013 model year.
    (b) Admission of nonconforming nonroad engines. (1) EPA declaration 
form required. EPA Form 3520-21, ``Importation of Engines, Vehicles, 
and Equipment Subject to Federal Air Pollution Regulations'', must be 
completed by the importer and retained on file by him before making a 
customs entry for such nonroad or stationary engines/vehicles/
equipment.
* * * * *
    (c) * * *
    (3) * * *
    (iii) Display (see 40 CFR 89.611(b)(4), 90.612(b)(3), 94.804(b)(4), 
1068.325(c)).
    (iv) Precertification (see 40 CFR 89.611(b)(3)).
* * * * *


Sec.  12.112  [Amended]

0
20. Section 12.112(b) is amended by removing the words ``Abbreviated 
List of Pesticides compiled by the Environmental Protection Agency'' 
and adding, in their place, the words ``Index of Pesticide Products 
located in the Environmental Protection Agency's handbook entitled 
Recognition and Management of Pesticide Poisonings, found at https://www.epa.gov''.


Sec.  12.123  [Amended]

0
21. Section 12.123(b) is amended by:
0
a. Removing the words ``Customs Form 7551, 7553, or 7595'' and adding, 
in their place, the words ``CBP Form 301, containing the conditions set 
forth in Sec.  113.62 of this chapter'';
0
b. Removing the third sentence; and
0
c. Removing the word ``Customs'' and adding, in its place, the term 
``CBP''.

PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT

0
22. The general authority citation for part 18 and the specific 
authority for Sec.  18.11 is revised to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1551, 1552, 1553, 
1623, 1624.
* * * * *
    Section 18.11 also issued under 19 U.S.C. 1484;
* * * * *


Sec.  18.11  [Amended]

0
23. In Sec.  18.11, paragraph (e) is amended by:
0
a. Removing from the first sentence the word ``of'' and adding in its 
place the word ``or''; and
0
b. Removing from the first and third sentences the word ``shall'' and 
adding in its place the word ``must''.

PART 101--GENERAL PROVISIONS

0
24. The general authority citation for part 101 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 
1623, 1624, 1646a.
    Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b.
* * * * *


Sec.  101.3  [Amended]

0
25. In Sec.  101.3(b)(1), the table of the list of Customs ports of 
entry is amended in the entry for Fargo, North Dakota, in the

[[Page 52452]]

column headed ``Limits of port'', by adding the numbers ``09'' after 
the phrase ``CBP Dec. 03-''.

PART 103--AVAILABILITY OF INFORMATION

0
26. The general authority citation for part 103 continues to read as 
follows:

    Authority:  5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 
U.S.C. 9701.
* * * * *


Sec.  103.31  [Amended]

0
27. In Sec.  103.31, paragraph (e)(2) is amended by:
0
a. Removing the phrase ``CBP Data Center'' each time that it appears 
and adding, in its place, the term ``CBP Technology Support Center''; 
and
0
b. Removing from the last sentence the phrase ``CBP Data Center, on 
(703) 921-6000'', and adding, in its place, the phrase ``CBP Technology 
Support Center at 1-800-927-8729.''

PART 118--CENTRALIZED EXAMINATION STATIONS

0
28. The general authority citation for part 118 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1499, 1623, 1624; 22 U.S.C. 401; 31 
U.S.C. 5317.
* * * * *


Sec.  118.3  [Amended]

0
29. In Sec.  118.3:
0
a. The word ``six'' is removed from the fourth sentence and, in its 
place, is added the word ``five''; and
0
b. The word ``Customs'' is removed and, in its place, is added the term 
``CBP'' each place it occurs.

PART 122--AIR COMMERCE REGULATIONS

0
30. The general authority citation for part 122 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 58b, 66, 1431, 1433, 1436, 
1448, 1459, 1590, 1594, 1623, 1624, 1644, 1644a, 2071 note.
* * * * *


Sec.  122.42  [Amended]

0
31. Section 122.42(b)(2) is amended by removing the reference to 
``122.34'' and adding in its place a reference to ``122.14, 122.15,''.

PART 141--ENTRY OF MERCHANDISE

0
32. The general authority citation for part 141, CBP regulations, 
continues to read as follows:

    Authority:  19 U.S.C. 66, 1448, 1484, 1624.
* * * * *


Sec.  141.4  [Amended]

0
33. The introductory text to Sec.  141.4(c) is amended by removing the 
reference to ``19(e)'' and adding in its place a reference to ``3(e)''.


Sec.  141.113  [Amended]

0
34. In Sec.  141.113:
0
a. Paragraph (c) introductory text is amended by removing the words 
``and cosmetics'' in the paragraph heading and adding in their place 
the words ``cosmetics, and tobacco products''.
0
b. Paragraph (c)(1) introductory text is amended by removing the words 
``or cosmetic'' in the first sentence and adding in their place the 
words, ``cosmetic, or tobacco product''.
0
c. Paragraph (c)(3) is amended by removing the words ``device or 
cosmetic'' in the first sentence and adding in their place the words, 
``device, cosmetic, or tobacco product''.

PART 146--FOREIGN TRADE ZONES

0
35. The authority citation for part 146 continues to read as follows:

    Authority:  19 U.S.C. 66, 81a-81u, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1623, 1624.

0
36. In Sec.  146.35, paragraph (e) is revised to read as follows:


Sec.  146.35  Temporary deposit in a zone; incomplete documentation.

* * * * *
    (e) Submission of CBP Form 214. A complete and accurate CBP Form 
214 must be submitted, as provided in Sec.  146.32, within 15 calendar 
days with no exceptions granted by the port director, or the 
merchandise will be placed in general order.

PART 159--LIQUIDATION OF DUTIES

0
37. The general authority citation for part 159 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1500, 1504, 1624.
* * * * *


Sec.  159.11  [Amended]

0
38. Section 159.11(b) is amended at the end of the paragraph by 
removing the words ``, but shall not apply to drawback entries''.

PART 162--INSPECTION, SEARCH, AND SEIZURE

0
39. The general authority citation for part 162 and the specific 
authority for Sec.  162.23 continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624, 6 
U.S.C. 101, 8 U.S.C. 1324(b).
* * * * *
    Section 162.23 also issued under 19 U.S.C. 1595a(c).
* * * * *

0
40. In Sec.  162.23:
0
a. Paragraphs (c) and (e) are amended by removing the word ``Customs'' 
and adding, in its place, the term ``CBP''; and
0
b. A new paragraph (f) is added.
    The addition reads as follows:


Sec.  162.23  Seizure under section 596(c), Tariff Act of 1930, as 
amended (19 U.S.C. 1595a(c)).

* * * * *
    (f) Exportations contrary to law. Merchandise exported or sent, or 
attempted to be exported or sent, from the United States contrary to 
law, or the proceeds or value thereof, and property used to facilitate 
the exporting or sending, or attempted exporting or sending, of such 
merchandise, will be seized and subject to forfeiture. In addition, the 
receipt, purchase, transportation, concealment or sale of such 
merchandise prior to exportation will result in its seizure and 
forfeiture to the United States.

PART 192--EXPORT CONTROL

0
41. The general authority citation for part 192 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1624, 1646c. Subpart A also issued 
under 19 U.S.C. 1627a, 1646a, 1646b; subpart B also issued under 13 
U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91.
* * * * *


Sec.  192.14  [Amended]

0
42. In Sec.  192.14, paragraph (d) is amended by:
0
a. Removing the phrase ``Sec. Sec.  30.50 through 30.58'' and adding in 
its place the phrase ``Sec. Sec.  30.35 through 30.40''; and
0
b. Removing the phrase ``(15 CFR 30.50 through 30.58)'' and adding in 
its place the phrase ``(15 CFR 30.35 through 30.40)''.

    Dated: August 23, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-21253 Filed 8-25-10; 8:45 am]
BILLING CODE 9111-14-P