Technical Corrections to Customs and Border Protection Regulations, 69583-69585 [2010-28709]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
currently pay a fee) is de minimis in
nature and is outweighed by the
economic benefit of additional
insurance coverage.
Accordingly, the final rule does not
have a significant economic impact on
a substantial number of small entities.
D. The Treasury and General
Government Appropriations Act, 1999—
Assessment of Federal Regulations and
Policies on Families
The FDIC has determined that the
final rule will not affect family wellbeing within the meaning of section 654
of the Treasury and General
Government Appropriations Act,
enacted as part of the Omnibus
Consolidated and Emergency
Supplemental Appropriations Act of
1999 (Pub. L. 105–277, 112 Stat. 2681).
E. Small Business Regulatory
Enforcement Fairness Act
The Office of Management and Budget
has determined that the final rule is not
a ‘‘major rule’’ within the meaning of the
relevant sections of the Small Business
Regulatory Enforcement Act of 1996
(‘‘SBREFA’’) (5 U.S.C. 801 et seq.). As
required by SBREFA, the FDIC will file
the appropriate reports with Congress
and the General Accounting Office so
that the final rule may be reviewed.
F. Plain Language
Section 722 of the Gramm-LeachBliley Act (Pub. L. 106–102, 113 Stat.
1338, 1471), requires the Federal
banking agencies to use plain language
in all proposed and final rules
published after January 1, 2000. The
FDIC has sought to present the final rule
in a simple and straightforward manner,
and has made revisions to the proposed
rule in response to commenter concerns
seeking clarification of the application
of the deposit insurance rules.
List of Subjects in 12 CFR Part 330
jdjones on DSK8KYBLC1PROD with RULES
Bank deposit insurance, Banks,
Banking, Reporting and recordkeeping
requirements, Savings and loan
associations, Trusts and trustees.
■ For the reasons stated above, the
Board of Directors of the Federal
Deposit Insurance Corporation hereby
amends part 330 of title 12 of the Code
of Federal Regulations as follows:
PART 330—DEPOSIT INSURANCE
COVERAGE
1. The authority citation for part 330
continues to read as follows:
■
Authority: 12 U.S.C. 1813(1), 1813(m),
1817(i), 1818(q), 1819 (Tenth), 1820(f),
1821(a), 1822(c).
VerDate Mar<15>2010
15:26 Nov 12, 2010
Jkt 223001
2. In § 330.1, paragraph (r) is added to
read as follows:
■
§ 330.1.
Definitions.
*
*
*
*
*
(r) Noninterest-bearing transaction
account means a deposit or account
maintained at an insured depository
institution—
(1) With respect to which interest is
neither accrued nor paid;
(2) On which the depositor or account
holder is permitted to make
withdrawals by negotiable or
transferable instrument, payment orders
of withdrawal, telephone or other
electronic media transfers, or other
similar items for the purpose of making
payments or transfers to third parties or
others; and
(3) On which the insured depository
institution does not reserve the right to
require advance notice of an intended
withdrawal.
*
*
*
*
*
■ 3. New § 330.16 is added to read as
follows:
§ 330.16 Noninterest-bearing transaction
accounts.
(a) Separate insurance coverage. From
December 31, 2010, through December
31, 2012, a depositor’s funds in a
‘‘noninterest-bearing transaction
account’’ (as defined in § 330.1(r)) are
fully insured, irrespective of the
SMDIA. Such insurance coverage shall
be separate from the coverage provided
for other accounts maintained at the
same insured depository institution.
(b) Certain swept funds.
Notwithstanding its normal rules and
procedures regarding sweep accounts
under 12 CFR 360.8, the FDIC will treat
funds swept from a noninterest-bearing
transaction account to a noninterestbearing savings deposit account as being
in a noninterest-bearing transaction
account.
(c) Disclosure and notice
requirements. (1) Each depository
institution that offers noninterestbearing transaction accounts must post
prominently the following notice in the
lobby of its main office, in each
domestic branch and, if it offers Internet
deposit services, on its Web site:
NOTICE OF CHANGES IN TEMPORARY
FDIC INSURANCE COVERAGE FOR
TRANSACTION ACCOUNTS
All funds in a ‘‘noninterest-bearing
transaction account’’ are insured in full by
the Federal Deposit Insurance Corporation
from December 31, 2010, through December
31, 2012. This temporary unlimited coverage
is in addition to, and separate from, the
coverage of at least $250,000 available to
depositors under the FDIC’s general deposit
insurance rules.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
69583
The term ‘‘noninterest-bearing transaction
account’’ includes a traditional checking
account or demand deposit account on which
the insured depository institution pays no
interest. It does not include other accounts,
such as traditional checking or demand
deposit accounts that may earn interest,
NOW accounts, money-market deposit
accounts, and Interest on Lawyers Trust
Accounts (‘‘IOLTAs’’).
For more information about temporary
FDIC insurance coverage of transaction
accounts, visit www.fdic.gov.
(2) Institutions participating in the
FDIC’s Transaction Account Guarantee
Program on December 31, 2010, must
provide a notice by mail to depositors
with negotiable order of withdrawal
accounts that are protected in full as of
that date under the Transaction Account
Guarantee Program and to depositors
with Interest on Lawyer Trust Accounts
that, as of January 1, 2011, such
accounts no longer will be eligible for
unlimited protection. This notice must
be provided to such depositors no later
than December 31, 2010.
(3) If an institution uses sweep
arrangements, modifies the terms of an
account, or takes other actions that
result in funds no longer being eligible
for full coverage under this section, the
institution must notify affected
customers and clearly advise them, in
writing, that such actions will affect
their deposit insurance coverage.
Dated at Washington DC, this 9th day of
November 2010.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2010–28627 Filed 11–12–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Parts 4 and 10
[CBP Dec. 10–33]
Technical Corrections to Customs and
Border Protection Regulations
Customs and Border Protection,
Department of Homeland Security.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
E:\FR\FM\15NOR1.SGM
15NOR1
69584
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
Regulations to remedy those
discrepancies.
The final rule is effective
November 15, 2010.
DATES:
FOR FURTHER INFORMATION CONTACT:
Robert Shervette, Trade and Commercial
Regulations Branch, 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 (19 CFR) to ensure that it is
accurate and up-to-date so that the
importing and general public is aware of
CBP programs, requirements, and
procedures regarding import-related
activities. As part of this review policy,
CBP has determined that certain
corrections to 19 CFR parts 4 and 10 are
necessary.
Discussion of Changes
Part 4
Sections 4.2, 4.3, 4.9, and 4.60 of the
CBP regulations (19 CFR 4.2, 4.3, 4.9,
and 4.60) govern the arrival, entry, and
clearance of vessels. Currently, these
regulatory provisions require, in part,
that U.S. vessels carrying bonded
merchandise must report their arrival,
make formal entry, and obtain formal
clearance, when arriving or departing a
port or place within the United States.
These regulatory provisions are not in
conformance with their respective
controlling statutes. Sections 1452(a)(1),
(2), and (3) of the Tariff Suspension and
Trade Act of 2000 (‘‘Trade Act’’) (Pub. L.
106–476, 114 Stat. 2167 (2000))
amended 19 U.S.C. 1433(a)(1)(C), 19
U.S.C. 1434(a)(3), and 46 U.S.C.
60105(a)(2) 1 to exempt arriving and
departing vessels of the United States
that are carrying bonded merchandise
from these arrival, entry, and clearance
requirements. Accordingly, this
document makes conforming changes to
§§ 4.2(a), 4.3(a)(3), 4.9(b), and 4.60(a)(3)
to reflect these statutory amendments.
jdjones on DSK8KYBLC1PROD with RULES
Part 10
Section 10.121 of the CBP regulations
(19 CFR 10.121) governs CBP’s role in
administering the duty-free importation
of qualifying visual and auditory
materials under the ‘‘Agreement for
Facilitating the International Circulation
of Visual and Auditory Materials of an
Educational, Scientific, and Cultural
1 The Trade Act amended 46 U.S.C. App. 91.
However, 46 U.S.C. App. 91 was recodified to 46
U.S.C. 60105 by statute (Pub. L. 109–304, 120 Stat.
1675 (Oct. 9, 2006)).
VerDate Mar<15>2010
15:26 Nov 12, 2010
Jkt 223001
Character’’ made at Beirut, Lebanon in
1948 (also referred to as the ‘‘Beirut
Agreement of 1948’’) (Pub. L. 89–634, 80
Stat. 879 (October 8, 1966)). Executive
Order 11311, 31 FR 13413 (Oct. 18,
1966), implemented the United States’
obligations under the Agreement and
designated the United States
Information Agency (USIA) to carry out
its provisions. The USIA was abolished
in 1999 by the Foreign Affairs Reform
and Restructuring Act of 1998 (Pub. L.
105–277, 112 Stat. 2681–776 (1998)),
and its functions transferred to the U.S.
Department of State. This document
amends 19 CFR 10.121 to reflect this
fact.
This document also amends
§ 10.121(a) to reflect the changes made
to subheading 9817.00.40 of the
Harmonized Tariff Schedule of the
United States (HTSUS), and to the U.S.
Notes in Subchapter XVII, Chapter 98,
HTSUS. Subheading 9817.00.40,
HTSUS, permits duty-free treatment for
certain articles that are determined to be
visual or auditory materials of an
educational, scientific, or cultural
character within the meaning of Article
I of the Agreement. The U.S. Notes to
Subchapter XVII were changed by
Presidential Proclamation. See
Proclamation No. 5978, 54 FR 21187
(May 17, 1989). The note related to the
Agreement for subheading 9817.00.40,
HTSUS, was changed from ‘‘note 1’’ to
‘‘note 1(a)(i)’’. Section 10.121(a)
currently references ‘‘U.S. Note 1,’’
which is amended to reference ‘‘U.S.
note 1(a)(i).’’
In addition, this document amends
§ 10.121(b) to remove the word ‘‘shall’’
in the first, second and last sentences
and to replace it with the word ‘‘will’’ in
order to conform this regulation with
the plain English mandate. Lastly, the
word ‘‘immediately’’ is deleted from the
last sentence because the use of this
term conflicts with the phrase ‘‘in the
ordinary course’’ as a consumption entry
would liquidate on a set schedule and
not immediately as the sentence
currently reads.
Other Changes
This document also makes nonsubstantive amendments to 19 CFR to
reflect the nomenclature changes made
necessary by the transfer of the legacy
U.S. Customs Service of the Department
of the Treasury to the Department of
Homeland Security (DHS) and DHS’s
subsequent renaming of the agency as
U.S. Customs and Border Protection on
March 31, 2007 (see 72 FR 20131 (April
23, 2007)).
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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
Administrative practice and
procedure, Arrival, Bonds, Cargo
vessels, Customs duties and inspection,
Entry, Imports, Merchandise, Reporting
and recordkeeping requirements,
Shipping, Vessels.
19 CFR Part 10
Customs duties and inspection, Entry,
Imports, Preference programs, Reporting
and recordkeeping requirements, Trade
agreements.
Amendments to the Regulations
For the reasons set forth above, parts
4 and 10 of the CBP regulations (19 CFR
parts 4 and 10) are amended as set forth
below.
■
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
1. The general and specific authority
citations for part 4 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 4.2 also issued under 19 U.S.C.
1441, 1486;
E:\FR\FM\15NOR1.SGM
15NOR1
Federal Register / Vol. 75, No. 219 / Monday, November 15, 2010 / Rules and Regulations
Section 4.3 also issued under 19 U.S.C.
288, 1441;
*
*
*
*
*
Section 4.9 also issued under 42 U.S.C.
269;
*
*
*
*
§ 4.2
*
[Amended]
2. In § 4.2:
a. Paragraph (a) is amended: by
removing the word ‘‘Customs’’ each time
that it appears and adding in its place
the term ‘‘CBP’’; in the first sentence, by
removing the words ‘‘bonded
merchandise or’’, and by removing the
word ‘‘shall’’ and adding in its place the
word ‘‘must’’, and; in the second
sentence, by removing the word ‘‘shall’’
and adding in its place the word ‘‘may’’;
■ b. Paragraph (b) is amended by
removing the word ‘‘Customs’’ and
adding in its place the word ‘‘customs’’;
■ c. Paragraph (c) is amended, in the
first sentence, by removing the word
‘‘may’’ and adding in its place the word
‘‘must’’, and by removing the word
‘‘shall’’ and adding in its place the word
‘‘must’’; and; in the last sentence, by
removing the word ‘‘shall’’ and adding in
its place the word ‘‘will’’, and by
removing the word ‘‘may’’ and adding in
its place the word ‘‘must’’; and
■ d. Paragraph (d) is amended by
removing the word ‘‘shall’’ and adding in
its place the word ‘‘must’’.
■
■
§ 4.3
[Amended]
3. In § 4.3:
a. Paragraph (a)(3) is amended by
removing the words ‘‘merchandise on
board which is being transported inbond (not including bonded ship’s
stores or supplies), or’’, and adding the
words ‘‘on board’’ after the words
‘‘foreign merchandise’’; and
■ b. Paragraph (b)(2) is amended by
removing the word ‘‘Customs’’ each time
that it appears and adding in its place
the term ‘‘CBP’’.
■
■
§ 4.9
[Amended]
4. In § 4.9:
a. Paragraph (a) is amended by
removing the word ‘‘Customs’’ each time
that it appears and adding in its place
the term ‘‘CBP’’; and
■ b. Paragraph (b) is amended in the
second sentence by removing the words
‘‘when they have merchandise aboard
which is being transported in-bond, or’’,
by removing the third and fourth
sentences, and by removing the word
‘‘Customs’’ in the last sentence and
adding in its place the term ‘‘CBP’’.
jdjones on DSK8KYBLC1PROD with RULES
■
■
§ 4.60
[Amended]
5. In § 4.60:
a. Paragraph (a) is amended by
removing the words ‘‘the Customs
■
■
VerDate Mar<15>2010
15:26 Nov 12, 2010
Jkt 223001
Service’’ and adding in their place the
term ‘‘CBP’’;
■ b. Paragraph (a)(3) is amended by
removing the words ‘‘merchandise on
board that is being transported in-bond
(not including bonded ship’s stores or
supplies), or’’;
■ c. Paragraph (b)(1) is amended by
removing the word ‘‘Customs’’ and
adding in its place the word ‘‘customs’’;
■ d. Paragraph (c) is amended by
removing the word ‘‘shall’’ and adding in
its place the word ‘‘will’’;
■ e. Paragraph (d) is amended, in the
first sentence, by removing the words
‘‘shall be reported’’ and adding in their
place the words ‘‘must be reported’’, and
by removing the words ‘‘shall note’’ and
adding in their place the words ‘‘will
note’’, and; in the last sentence, by
removing the word ‘‘shall’’ each time
that it appears and adding in its place
the word ‘‘must’’; and
■ f. Paragraph (e) is amended by
removing the word ‘‘shall’’ and adding in
its place the word ‘‘will’’.
PART 10—ARTICLES CONDITIONALLY
FREE, SUBJECT TO A REDUCED
RATE, ETC.
6. The general authority citation for
part 10 continues 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.
*
*
*
*
*
■ 7. § 10.121 is revised to read as
follows:
§ 10.121 Visual or auditory materials of an
educational, scientific, or cultural character.
(a) Where photographic film and other
articles described in subheading
9817.00.40, Harmonized Tariff Schedule
of the United States (HTSUS), are
claimed to be free of duty under
subheading 9817.00.40, HTSUS, there
must be filed, in connection with the
entry covering such articles, a document
issued by the U.S. Department of State
certifying that it has determined that the
articles are visual or auditory materials
of an educational, scientific, or cultural
character within the meaning of the
Agreement for Facilitating the
International Circulation of Visual and
Auditory Materials of an Educational,
Scientific, and Cultural Character as
required by U.S. note 1(a)(i), Subchapter
XVII, chapter 98, HTSUS.
(b) Articles entered under subheading
9817.00.40, HTSUS, will be released
from CBP custody prior to submission of
the document required in paragraph (a)
of this section only upon the deposit of
estimated duties with the port director.
Liquidation of an entry covering
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
69585
merchandise which has been released
under this procedure will be suspended
for a period of 90 days from the date of
entry or until the required document is
submitted, whichever occurs first. In the
event that the director of the port of
entry does not receive the required
document within the 90-day period, the
merchandise will be classified and
liquidated in the ordinary course,
without regard to subheading
9817.00.40, HTSUS.
Dated: November 9, 2010.
David V. Aguilar,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. 2010–28709 Filed 11–12–10; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 520
[Docket No. FDA–2010–N–0002]
New Animal Drugs; Change of
Sponsor; Sulfadiazine and
Pyrimethamine Suspension
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor for sulfadiazine and
pyrimethamine oral suspension from
Animal Health Pharmaceuticals, LLC, to
Pegasus Laboratories, Inc.
DATES: This rule is effective November
15, 2010.
FOR FURTHER INFORMATION CONTACT:
Steven D. Vaughn, Center for Veterinary
Medicine (HFV–100), Food and Drug
Administration, 7520 Standish Pl.,
Rockville, MD 20855, 240–276–8300,
e-mail: steven.vaughn@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Animal
Health Pharmaceuticals, LLC, 1805 Oak
Ridge Circle, suite 101, St. Joseph, MO
64506, has informed FDA that it has
transferred ownership of, and all rights
and interest in, NADA 141–240 for
REBALANCE (sulfadiazine and
pyrimethamine) Antiprotozoal Oral
Suspension to Pegasus Laboratories,
Inc., 8809 Ely Rd., Pensacola, FL 32514.
Accordingly, the regulations are
amended in 21 CFR 520.2215 to reflect
this change of sponsorship.
Following this change of sponsorship,
Animal Health Pharmaceuticals, LLC, is
no longer the sponsor of an approved
application. Accordingly, § 510.600 (21
SUMMARY:
E:\FR\FM\15NOR1.SGM
15NOR1
]]>Agencies
[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69583-69585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28709]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Parts 4 and 10
[CBP Dec. 10-33]
Technical Corrections to Customs and Border Protection
Regulations
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: Final rule.
-----------------------------------------------------------------------
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
[[Page 69584]]
Regulations to remedy those discrepancies.
DATES: The final rule is effective November 15, 2010.
FOR FURTHER INFORMATION CONTACT: Robert Shervette, Trade and Commercial
Regulations Branch, 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 (19
CFR) to ensure that it is accurate and up-to-date so that the importing
and general public is aware of CBP programs, requirements, and
procedures regarding import-related activities. As part of this review
policy, CBP has determined that certain corrections to 19 CFR parts 4
and 10 are necessary.
Discussion of Changes
Part 4
Sections 4.2, 4.3, 4.9, and 4.60 of the CBP regulations (19 CFR
4.2, 4.3, 4.9, and 4.60) govern the arrival, entry, and clearance of
vessels. Currently, these regulatory provisions require, in part, that
U.S. vessels carrying bonded merchandise must report their arrival,
make formal entry, and obtain formal clearance, when arriving or
departing a port or place within the United States. These regulatory
provisions are not in conformance with their respective controlling
statutes. Sections 1452(a)(1), (2), and (3) of the Tariff Suspension
and Trade Act of 2000 (``Trade Act'') (Pub. L. 106-476, 114 Stat. 2167
(2000)) amended 19 U.S.C. 1433(a)(1)(C), 19 U.S.C. 1434(a)(3), and 46
U.S.C. 60105(a)(2) \1\ to exempt arriving and departing vessels of the
United States that are carrying bonded merchandise from these arrival,
entry, and clearance requirements. Accordingly, this document makes
conforming changes to Sec. Sec. 4.2(a), 4.3(a)(3), 4.9(b), and
4.60(a)(3) to reflect these statutory amendments.
---------------------------------------------------------------------------
\1\ The Trade Act amended 46 U.S.C. App. 91. However, 46 U.S.C.
App. 91 was recodified to 46 U.S.C. 60105 by statute (Pub. L. 109-
304, 120 Stat. 1675 (Oct. 9, 2006)).
---------------------------------------------------------------------------
Part 10
Section 10.121 of the CBP regulations (19 CFR 10.121) governs CBP's
role in administering the duty-free importation of qualifying visual
and auditory materials under the ``Agreement for Facilitating the
International Circulation of Visual and Auditory Materials of an
Educational, Scientific, and Cultural Character'' made at Beirut,
Lebanon in 1948 (also referred to as the ``Beirut Agreement of 1948'')
(Pub. L. 89-634, 80 Stat. 879 (October 8, 1966)). Executive Order
11311, 31 FR 13413 (Oct. 18, 1966), implemented the United States'
obligations under the Agreement and designated the United States
Information Agency (USIA) to carry out its provisions. The USIA was
abolished in 1999 by the Foreign Affairs Reform and Restructuring Act
of 1998 (Pub. L. 105-277, 112 Stat. 2681-776 (1998)), and its functions
transferred to the U.S. Department of State. This document amends 19
CFR 10.121 to reflect this fact.
This document also amends Sec. 10.121(a) to reflect the changes
made to subheading 9817.00.40 of the Harmonized Tariff Schedule of the
United States (HTSUS), and to the U.S. Notes in Subchapter XVII,
Chapter 98, HTSUS. Subheading 9817.00.40, HTSUS, permits duty-free
treatment for certain articles that are determined to be visual or
auditory materials of an educational, scientific, or cultural character
within the meaning of Article I of the Agreement. The U.S. Notes to
Subchapter XVII were changed by Presidential Proclamation. See
Proclamation No. 5978, 54 FR 21187 (May 17, 1989). The note related to
the Agreement for subheading 9817.00.40, HTSUS, was changed from ``note
1'' to ``note 1(a)(i)''. Section 10.121(a) currently references ``U.S.
Note 1,'' which is amended to reference ``U.S. note 1(a)(i).''
In addition, this document amends Sec. 10.121(b) to remove the
word ``shall'' in the first, second and last sentences and to replace
it with the word ``will'' in order to conform this regulation with the
plain English mandate. Lastly, the word ``immediately'' is deleted from
the last sentence because the use of this term conflicts with the
phrase ``in the ordinary course'' as a consumption entry would
liquidate on a set schedule and not immediately as the sentence
currently reads.
Other Changes
This document also makes non-substantive amendments to 19 CFR to
reflect the nomenclature changes made necessary by the transfer of the
legacy U.S. Customs Service of the Department of the Treasury to the
Department of Homeland Security (DHS) and DHS's subsequent renaming of
the agency as U.S. Customs and Border Protection on March 31, 2007 (see
72 FR 20131 (April 23, 2007)).
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
Administrative practice and procedure, Arrival, Bonds, Cargo
vessels, Customs duties and inspection, Entry, Imports, Merchandise,
Reporting and recordkeeping requirements, Shipping, Vessels.
19 CFR Part 10
Customs duties and inspection, Entry, Imports, Preference programs,
Reporting and recordkeeping requirements, Trade agreements.
Amendments to the Regulations
0
For the reasons set forth above, parts 4 and 10 of the CBP regulations
(19 CFR parts 4 and 10) are amended as set forth below.
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general and specific authority citations for part 4 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 4.2 also issued under 19 U.S.C. 1441, 1486;
[[Page 69585]]
Section 4.3 also issued under 19 U.S.C. 288, 1441;
* * * * *
Section 4.9 also issued under 42 U.S.C. 269;
* * * * *
Sec. 4.2 [Amended]
0
2. In Sec. 4.2:
0
a. Paragraph (a) is amended: by removing the word ``Customs'' each time
that it appears and adding in its place the term ``CBP''; in the first
sentence, by removing the words ``bonded merchandise or'', and by
removing the word ``shall'' and adding in its place the word ``must'',
and; in the second sentence, by removing the word ``shall'' and adding
in its place the word ``may'';
0
b. Paragraph (b) is amended by removing the word ``Customs'' and adding
in its place the word ``customs'';
0
c. Paragraph (c) is amended, in the first sentence, by removing the
word ``may'' and adding in its place the word ``must'', and by removing
the word ``shall'' and adding in its place the word ``must''; and; in
the last sentence, by removing the word ``shall'' and adding in its
place the word ``will'', and by removing the word ``may'' and adding in
its place the word ``must''; and
0
d. Paragraph (d) is amended by removing the word ``shall'' and adding
in its place the word ``must''.
Sec. 4.3 [Amended]
0
3. In Sec. 4.3:
0
a. Paragraph (a)(3) is amended by removing the words ``merchandise on
board which is being transported in-bond (not including bonded ship's
stores or supplies), or'', and adding the words ``on board'' after the
words ``foreign merchandise''; and
0
b. Paragraph (b)(2) is amended by removing the word ``Customs'' each
time that it appears and adding in its place the term ``CBP''.
Sec. 4.9 [Amended]
0
4. In Sec. 4.9:
0
a. Paragraph (a) is amended by removing the word ``Customs'' each time
that it appears and adding in its place the term ``CBP''; and
0
b. Paragraph (b) is amended in the second sentence by removing the
words ``when they have merchandise aboard which is being transported
in-bond, or'', by removing the third and fourth sentences, and by
removing the word ``Customs'' in the last sentence and adding in its
place the term ``CBP''.
Sec. 4.60 [Amended]
0
5. In Sec. 4.60:
0
a. Paragraph (a) is amended by removing the words ``the Customs
Service'' and adding in their place the term ``CBP'';
0
b. Paragraph (a)(3) is amended by removing the words ``merchandise on
board that is being transported in-bond (not including bonded ship's
stores or supplies), or'';
0
c. Paragraph (b)(1) is amended by removing the word ``Customs'' and
adding in its place the word ``customs'';
0
d. Paragraph (c) is amended by removing the word ``shall'' and adding
in its place the word ``will'';
0
e. Paragraph (d) is amended, in the first sentence, by removing the
words ``shall be reported'' and adding in their place the words ``must
be reported'', and by removing the words ``shall note'' and adding in
their place the words ``will note'', and; in the last sentence, by
removing the word ``shall'' each time that it appears and adding in its
place the word ``must''; and
0
f. Paragraph (e) is amended by removing the word ``shall'' and adding
in its place the word ``will''.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
0
6. The general authority citation for part 10 continues 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.
* * * * *
0
7. Sec. 10.121 is revised to read as follows:
Sec. 10.121 Visual or auditory materials of an educational,
scientific, or cultural character.
(a) Where photographic film and other articles described in
subheading 9817.00.40, Harmonized Tariff Schedule of the United States
(HTSUS), are claimed to be free of duty under subheading 9817.00.40,
HTSUS, there must be filed, in connection with the entry covering such
articles, a document issued by the U.S. Department of State certifying
that it has determined that the articles are visual or auditory
materials of an educational, scientific, or cultural character within
the meaning of the Agreement for Facilitating the International
Circulation of Visual and Auditory Materials of an Educational,
Scientific, and Cultural Character as required by U.S. note 1(a)(i),
Subchapter XVII, chapter 98, HTSUS.
(b) Articles entered under subheading 9817.00.40, HTSUS, will be
released from CBP custody prior to submission of the document required
in paragraph (a) of this section only upon the deposit of estimated
duties with the port director. Liquidation of an entry covering
merchandise which has been released under this procedure will be
suspended for a period of 90 days from the date of entry or until the
required document is submitted, whichever occurs first. In the event
that the director of the port of entry does not receive the required
document within the 90-day period, the merchandise will be classified
and liquidated in the ordinary course, without regard to subheading
9817.00.40, HTSUS.
Dated: November 9, 2010.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-28709 Filed 11-12-10; 8:45 am]
BILLING CODE 9111-14-P
