Withdrawal of Notice of Proposed Interpretation of the Expression “Sold For Exportation to the United States” as Used in the Transaction Value Method of Valuation in a Series of Sales Importation Scenario, 60134 [2010-24464]

Download as PDF 60134 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Notices Advisory Committee Act (FACA), Public Law 92–436, 86 Stat. 470 (5 U.S.C. App.2). The AMSCs shall assist the Captain of the Port in the development, review, update, and exercising of the AMS Plan for their area of responsibility. Such matters may include, but are not limited to: Identifying critical port infrastructure and operations; Identifying risks (threats, vulnerabilities, and consequences); Determining mitigation strategies and implementation methods; Developing strategies to facilitate the recovery of the MTS after a Transportation Security Incident; Developing and describing the process to continually evaluate overall port security by considering consequences and vulnerabilities, how they may change over time, and what additional mitigation strategies can be applied; and Providing advice to, and assisting the Captain of the Port in developing and maintaining the Area Maritime Security Plan. AMS Committee Membership Members of the AMSC should have at least 5 years of experience related to maritime or port security operations. The Detroit AMSC has 19 members. We are seeking to fill 15 vacancies with this solicitation. Applicants may be required to pass an appropriate security background check prior to appointment to the committee. Members’ terms of office will be for 5 years; however, a member is eligible to serve an additional term of office. Members will not receive any salary or other compensation for their service on the AMSC. In support of the policy of the USCG on gender and ethnic diversity, we encourage qualified women and members of minority groups to apply. erowe on DSK5CLS3C1PROD with NOTICES Request for Applications Those seeking membership are not required to submit formal applications to the local Captain of the Port. However, because we do have an obligation to ensure that a specific number of members have the prerequisite maritime security experience, we encourage the submission of resumes highlighting experience in the maritime and security industries. Dated: September 14, 2010. E.J. Marohn, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit. [FR Doc. 2010–24365 Filed 9–28–10; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 15:17 Sep 28, 2010 Jkt 220001 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [USCBP–2007–0083] Withdrawal of Notice of Proposed Interpretation of the Expression ‘‘Sold For Exportation to the United States’’ as Used in the Transaction Value Method of Valuation in a Series of Sales Importation Scenario Customs and Border Protection; Department of Homeland Security. ACTION: Withdrawal of proposed interpretation. AGENCY: This document withdraws a notice published in the Federal Register on January 24, 2008, which proposed a new interpretation of the phrase ‘‘sold for exportation to the United States’’ for purposes of applying the transaction value method of valuation in a series of sales importation scenario. DATES: The proposed interpretation is withdrawn on September 29, 2010. FOR FURTHER INFORMATION CONTACT: Monika Brenner, Chief, Valuation & Special Programs Branch, Regulations and Rulings, Office of International Trade, (202) 325–0038. SUPPLEMENTARY INFORMATION: SUMMARY: Background On January 24, 2008, Customs and Border Protection (CBP) published in the Federal Register (73 FR 4254) a notice informing interested parties that CBP was proposing a new interpretation of the expression ‘‘sold for exportation to the United States’’ for purposes of applying the transaction value method of valuation in a series of sales importation scenario. Under this proposed interpretation, in a transaction involving a series of sales, the price actually paid or payable for the imported goods when sold for exportation to the United States would be the price paid in the last sale occurring prior to the introduction of the goods into the United States, instead of the first (or earlier) sale. Accordingly, the transaction value would typically be determined on the basis of the price paid by the buyer in the United States. Intervening Legislation and Implementing Regulations Frm 00070 Fmt 4703 Sfmt 4703 Withdrawal of Proposal In accordance with its intent as stated in the interim rule, CBP withdraws the notice of proposed interpretation published in the Federal Register (73 FR 4254) on January 24, 2008. Dated: September 24, 2010. Alan Bersin, Commissioner, U.S. Customs and Border Protection. [FR Doc. 2010–24464 Filed 9–28–10; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE INTERIOR U.S. Geological Survey After CBP published its proposed interpretation document, Congress enacted the Food, Conservation and Energy Act of 2008 (Pub. L. 110–246, 122 Stat. 1651 (June 18, 2008)) (‘‘the Act’’), in which section 15422 required the Commissioner of CBP to collect PO 00000 information from importers for a oneyear period as to whether the declared value was based on a ‘‘first sale’’ in a series of sales transactions. CBP was required to report the data to the International Trade Commission (ITC) on a monthly basis and, in turn, the ITC was required to submit a report to Congress within 90 days of receiving CBP’s final report. Congress also stated in the Act that, prior to January 1, 2011, CBP should not implement any change to its existing interpretation of the expression ‘‘sold for exportation to the United States’’ for purposes of applying the transaction value method of valuation in a series of sales importation scenario and, then, only in accordance with the prescribed terms set forth in the Act. An interim rule implementing the Act’s first sale declaration requirement was published in the Federal Register (73 FR 49939) on August 25, 2008 setting forth in § 141.61(g) of title 19 of the Code of Federal Regulations (19 CFR 141.61(g)) that for a specified time period importers were required to declare, at the time of entry, whether the transaction value of the imported merchandise was determined on the basis of the price paid by the buyer in the first or earlier sale occurring prior to introduction of the merchandise into the United States. Per the statute and the interim regulations, this requirement set forth in § 141.61(g) expired on August 19, 2009. In the interim rule document published on August 25, 2008, CBP informed the public that the agency intended to withdraw the proposed interpretation. [USGS–8327CPDM2] Notice of a Revision of a Currently Approved Information Collection (1028–0091) United States Geological Survey (USGS), Interior. AGENCY: E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Page 60134]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24464]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[USCBP-2007-0083]


Withdrawal of Notice of Proposed Interpretation of the Expression 
``Sold For Exportation to the United States'' as Used in the 
Transaction Value Method of Valuation in a Series of Sales Importation 
Scenario

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

ACTION: Withdrawal of proposed interpretation.

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SUMMARY: This document withdraws a notice published in the Federal 
Register on January 24, 2008, which proposed a new interpretation of 
the phrase ``sold for exportation to the United States'' for purposes 
of applying the transaction value method of valuation in a series of 
sales importation scenario.

DATES: The proposed interpretation is withdrawn on September 29, 2010.

FOR FURTHER INFORMATION CONTACT: Monika Brenner, Chief, Valuation & 
Special Programs Branch, Regulations and Rulings, Office of 
International Trade, (202) 325-0038.

SUPPLEMENTARY INFORMATION:

Background

    On January 24, 2008, Customs and Border Protection (CBP) published 
in the Federal Register (73 FR 4254) a notice informing interested 
parties that CBP was proposing a new interpretation of the expression 
``sold for exportation to the United States'' for purposes of applying 
the transaction value method of valuation in a series of sales 
importation scenario. Under this proposed interpretation, in a 
transaction involving a series of sales, the price actually paid or 
payable for the imported goods when sold for exportation to the United 
States would be the price paid in the last sale occurring prior to the 
introduction of the goods into the United States, instead of the first 
(or earlier) sale. Accordingly, the transaction value would typically 
be determined on the basis of the price paid by the buyer in the United 
States.

Intervening Legislation and Implementing Regulations

    After CBP published its proposed interpretation document, Congress 
enacted the Food, Conservation and Energy Act of 2008 (Pub. L. 110-246, 
122 Stat. 1651 (June 18, 2008)) (``the Act''), in which section 15422 
required the Commissioner of CBP to collect information from importers 
for a one-year period as to whether the declared value was based on a 
``first sale'' in a series of sales transactions. CBP was required to 
report the data to the International Trade Commission (ITC) on a 
monthly basis and, in turn, the ITC was required to submit a report to 
Congress within 90 days of receiving CBP's final report.
    Congress also stated in the Act that, prior to January 1, 2011, CBP 
should not implement any change to its existing interpretation of the 
expression ``sold for exportation to the United States'' for purposes 
of applying the transaction value method of valuation in a series of 
sales importation scenario and, then, only in accordance with the 
prescribed terms set forth in the Act.
    An interim rule implementing the Act's first sale declaration 
requirement was published in the Federal Register (73 FR 49939) on 
August 25, 2008 setting forth in Sec.  141.61(g) of title 19 of the 
Code of Federal Regulations (19 CFR 141.61(g)) that for a specified 
time period importers were required to declare, at the time of entry, 
whether the transaction value of the imported merchandise was 
determined on the basis of the price paid by the buyer in the first or 
earlier sale occurring prior to introduction of the merchandise into 
the United States. Per the statute and the interim regulations, this 
requirement set forth in Sec.  141.61(g) expired on August 19, 2009.
    In the interim rule document published on August 25, 2008, CBP 
informed the public that the agency intended to withdraw the proposed 
interpretation.

Withdrawal of Proposal

    In accordance with its intent as stated in the interim rule, CBP 
withdraws the notice of proposed interpretation published in the 
Federal Register (73 FR 4254) on January 24, 2008.

    Dated: September 24, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-24464 Filed 9-28-10; 8:45 am]
BILLING CODE 9111-14-P