Receipt of Petition To Reconcile Inconsistent Customs and Border Protection Decisions Concerning the Tariff Classification of CN-9 Solution, 48875-48876 [2011-20119]

Download as PDF Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices (2) Title of the Form/Collection: Request for the Return of Original Document(s). (3) Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection: Form G–884. U.S. Citizenship and Immigration Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. The information provided will be used by the USCIS to determine whether a person is eligible to obtain original document(s) contained in an alien file. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: 7,500 responses at 30 minutes (0.50) per response. (6) An estimate of the total public burden (in hours) associated with the collection: 3,750 annual burden hours. If you need a copy of the information collection instrument, please visit the Web site at: http://www.regulations.gov. We may also be contacted at: USCIS, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, NW., Washington, DC 20529–2020; Telephone 202–272–8377. Dated: August 4, 2011. Sunday Aigbe, Chief, Regulatory Products Division, Office of the Executive Secretariat, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2011–20199 Filed 8–8–11; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Agency Information Collection Activities: Crewman’s Landing Permit U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day Notice and request for comments; Extension of an existing collection of information. AGENCY: U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Crewman’s Landing Permit (CBP Form I–95). This is a proposed extension of an information sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 20:21 Aug 08, 2011 Jkt 223001 collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register (76 FR 31353) on May 31, 2011, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before September 8, 2011. ADDRESSES: Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to oira_submission@omb.eop.gov or faxed to (202) 395–5806. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Tracey Denning, U.S. Customs and Border Protection, Regulations and Rulings, Office of International Trade, 799 9th Street, NW., 5th Floor, Washington, DC 20229– 1177, at 202–325–0265. SUPPLEMENTARY INFORMATION: CBP invites the general public and other Federal agencies to comment on proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104–13; 44 U.S.C. 3505(c)(2)). The comments should address: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimates of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden including the use of automated collection techniques or the use of other forms of information technology; and (e) the annual costs burden to respondents or record keepers from the collection of information (a total capital/startup costs and operations and maintenance costs). The comments that are submitted will be summarized and included in the CBP request for Office of Management and Budget (OMB) approval. All comments will become a matter of public record. In this document CBP is soliciting PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 48875 comments concerning the following information collection: Title: Alien Crewman Landing Permit. OMB Number: 1651–0114. Form Number: Form I–95. Abstract: CBP Form I–95, Crewman’s Landing Permit, is prepared and presented to CBP by the master or agent of vessels and aircraft arriving in the United States for alien crewmen applying for landing privileges. This form is provided for by 8 CFR 251.1(c) which states that, with certain exceptions, the master, captain, or agent shall present this form to CBP for each nonimmigrant alien crewman on board. In addition, pursuant to 8 CFR 252.1(e), CBP Form I–95 serves as the physical evidence that an alien crewmember has been granted a conditional permit to land temporarily, and it is also a prescribed registration form under 8 CFR 264.1 for crewmen arriving by vessel or air. CBP Form I–95 is authorized by Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) and is accessible at http://forms.cbp.gov/pdf/ CBP_Form_I95.pdf. Current Actions: This submission is being made to extend the expiration date with no change to the burden hours or to this collection of information. Type of Review: Extension (without change). Affected Public: Businesses. Estimated Number of Respondents: 433,000. Total Number of Estimated Annual Responses: 433,000. Estimated time per Response: 5 minutes. Estimated Total Annual Burden Hours: 35,939. Dated: August 3, 2011. Tracey Denning, Agency Clearance Officer, U.S. Customs and Border Protection. [FR Doc. 2011–20122 Filed 8–8–11; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [Docket No. USCBP–2011–0025] Receipt of Petition To Reconcile Inconsistent Customs and Border Protection Decisions Concerning the Tariff Classification of CN–9 Solution U.S. Customs and Border Protection, Department of Homeland Security. ACTION: Notice of receipt of petition to reconcile inconsistent Customs and AGENCY: E:\FR\FM\09AUN1.SGM 09AUN1 48876 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices Border Protection classification decisions; solicitation of comments. referenced docket for the public’s convenience. Customs and Border Protection (‘‘CBP’’) has received a petition, dated June 6, 2010, submitted by an importer (‘‘petitioner’’) under 19 CFR 177.13, requesting the reconciliation of inconsistent classification decisions under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) of a certain CN–9 solution that has been liquidated under subheading 2842.90.90, HTSUS, at the Port of Baltimore on June 3, 2010, and under subheading 3102.60.00, HTSUS, at the Port of Long Beach on October 13, 2009. The petitioner contends that the proper classification for the CN–9 Solution is in subheading 3102.60.00, HTSUS, as ‘‘Mineral or chemical fertilizers, nitrogenous: Double salts and mixtures of calcium nitrate and ammonium nitrate.’’ This document invites comments with regard to the correctness of each classification. DATES: Comments must be received on or before August 24, 2011. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments via docket number USCBP–2011–0025. • Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, Customs and Border Protection, 799 9th Street, NW., (Mint Annex), Washington, DC 20229–1179. Instructions: All submissions received must include the agency name and docket number for this petition to reconcile inconsistent decisions concerning the tariff classification of CN–9 Solution. All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read any comments received go to http://www.regulations.gov. Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Joseph Clark, Trade and Commercial Regulations Branch, at (202) 325–0118. Please note that any submitted comments that CBP receives by mail will be posted on the above- FOR FURTHER INFORMATION CONTACT: sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:06 Aug 08, 2011 Jkt 223001 Tamar Anolic, Tariff Classification and Marking Branch, Regulations and Rulings, Office of International Trade at (202) 325–0036. SUPPLEMENTARY INFORMATION: Background A petition has been filed under section 177.13, CBP regulations (19 CFR 177.13), on behalf of Yara North America, Inc. (‘‘Yara’’). Yara is a subset of Yara International ASA, a global firm specializing in agricultural products and environmental protection agents. It is a supplier of mineral fertilizers. As an importer of these products, Yara has received inconsistent classification decisions on its merchandise at different ports. As such, Yara meets the requirements as an interested party set forth in 19 CFR 177.13(a)(2) and 19 U.S.C. 1514(c) and meets the requirements regarding the types of decisions subject to petition set forth in 19 CFR 177.13(a)(1) and 19 U.S.C. 1514(a). Furthermore, having filed this petition within 90 days of the latest decision it received from a port, Yara meets the timeliness requirements of 19 CFR 177.13(a)(3). Lastly, Yara also meets the requirements of 19 CFR 177.13(b)(2), and specifically 19 CFR 177.13(b)(2)(i) in that their petition contains a complete description of the inconsistent decisions of which they complain. Their petition includes enough information to demonstrate the inconsistency of the decisions at the Ports. Furthermore, the company has submitted a sample that has been tested at Customs and Border Protection (‘‘CBP’’) laboratories. Yara is requesting that CBP classify the imported merchandise in subheading 3102.60.00, Harmonized Tariff Schedule of the United States (HTSUS). This transaction in particular concerns Yara’s importation of CN–9 Solution, a hydrated ammonium calcium nitrate double salt that is primarily used as a fertilizer but is also used for waste water treatment. Yara entered the subject merchandise at the Port of Long Beach between January 24, 2009 and September 8, 2009, and the Port of Baltimore on April 20, 2010, under subheading 3102.60.00, HTSUS, as ‘‘Mineral or chemical fertilizers, nitrogenous: Double salts and mixtures of calcium nitrate and ammonium nitrate.’’ Citing Legal Note 2(a)(v) to Chapter 31, HTSUS, the Port of Long Beach liquidated the subject merchandise as entered. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 Citing Legal Note 5 to Chapter 28, HTSUS, the Port of Baltimore liquidated the subject merchandise under subheading 2842.90.90, HTSUS, as ‘‘Other salts of inorganic acids or peroxoacids (including aluminosilicates whether or not chemically defined), other than azides: Other: Other.’’ Comments Pursuant to section 177.13(c), CBP regulations (19 CFR 177.13(c)), before making a determination on this matter, CBP invites written comments on this petition to resolve inconsistent CBP decisions. The comments received in response to this notice, will be available for public inspection on the docket at http:// www.regulations.gov. Please note that any submitted comments that CBP receives by mail will be posted on the above-referenced docket for the public’s convenience. Authority: This notice is published in accordance with section 177.13(c), CBP Regulations (19 CFR 177.13(c)). Dated: August 3, 2011. Sandra L. Bell, Executive Director, Regulations and Rulings, Office of International Trade. [FR Doc. 2011–20119 Filed 8–8–11; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5415–FA–34] Announcement of Funding Awards for the Self-Help Homeownership Opportunity Program (SHOP) for Fiscal Year 2010 Office of Community Planning and Development, HUD. ACTION: Announcement of funding awards. AGENCY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Fiscal Year 2010 (FY 2010) Notice of Funding Availability (NOFA) for the Self-Help Homeownership Opportunity Program (SHOP). This announcement contains the consolidated names and addresses of this year’s award recipients under SHOP. FOR FURTHER INFORMATION CONTACT: For questions concerning SHOP Program awards, contact Ginger Macomber, SHOP Program Manager, Office of Affordable Housing Programs, U.S. SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48875-48876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20119]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[Docket No. USCBP-2011-0025]


Receipt of Petition To Reconcile Inconsistent Customs and Border 
Protection Decisions Concerning the Tariff Classification of CN-9 
Solution

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

ACTION: Notice of receipt of petition to reconcile inconsistent Customs 
and

[[Page 48876]]

Border Protection classification decisions; solicitation of comments.

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SUMMARY: Customs and Border Protection (``CBP'') has received a 
petition, dated June 6, 2010, submitted by an importer (``petitioner'') 
under 19 CFR 177.13, requesting the reconciliation of inconsistent 
classification decisions under the Harmonized Tariff Schedule of the 
United States (``HTSUS'') of a certain CN-9 solution that has been 
liquidated under subheading 2842.90.90, HTSUS, at the Port of Baltimore 
on June 3, 2010, and under subheading 3102.60.00, HTSUS, at the Port of 
Long Beach on October 13, 2009. The petitioner contends that the proper 
classification for the CN-9 Solution is in subheading 3102.60.00, 
HTSUS, as ``Mineral or chemical fertilizers, nitrogenous: Double salts 
and mixtures of calcium nitrate and ammonium nitrate.'' This document 
invites comments with regard to the correctness of each classification.

DATES: Comments must be received on or before August 24, 2011.

ADDRESSES: You may submit comments, identified by docket number, by one 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2011-0025.
     Mail: Trade and Commercial Regulations Branch, Regulations 
and Rulings, Office of International Trade, Customs and Border 
Protection, 799 9th Street, NW., (Mint Annex), Washington, DC 20229-
1179.
    Instructions: All submissions received must include the agency name 
and docket number for this petition to reconcile inconsistent decisions 
concerning the tariff classification of CN-9 Solution. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read any comments received go 
to http://www.regulations.gov. Submitted comments may also be inspected 
during regular business days between the hours of 9 a.m. and 4:30 p.m. 
at the Trade and Commercial Regulations Branch, Regulations and 
Rulings, Office of International Trade, Customs and Border Protection, 
799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect 
submitted comments should be made in advance by calling Joseph Clark, 
Trade and Commercial Regulations Branch, at (202) 325-0118. Please note 
that any submitted comments that CBP receives by mail will be posted on 
the above-referenced docket for the public's convenience.

FOR FURTHER INFORMATION CONTACT: Tamar Anolic, Tariff Classification 
and Marking Branch, Regulations and Rulings, Office of International 
Trade at (202) 325-0036.

SUPPLEMENTARY INFORMATION:

Background

    A petition has been filed under section 177.13, CBP regulations (19 
CFR 177.13), on behalf of Yara North America, Inc. (``Yara''). Yara is 
a subset of Yara International ASA, a global firm specializing in 
agricultural products and environmental protection agents. It is a 
supplier of mineral fertilizers. As an importer of these products, Yara 
has received inconsistent classification decisions on its merchandise 
at different ports. As such, Yara meets the requirements as an 
interested party set forth in 19 CFR 177.13(a)(2) and 19 U.S.C. 1514(c) 
and meets the requirements regarding the types of decisions subject to 
petition set forth in 19 CFR 177.13(a)(1) and 19 U.S.C. 1514(a). 
Furthermore, having filed this petition within 90 days of the latest 
decision it received from a port, Yara meets the timeliness 
requirements of 19 CFR 177.13(a)(3). Lastly, Yara also meets the 
requirements of 19 CFR 177.13(b)(2), and specifically 19 CFR 
177.13(b)(2)(i) in that their petition contains a complete description 
of the inconsistent decisions of which they complain. Their petition 
includes enough information to demonstrate the inconsistency of the 
decisions at the Ports. Furthermore, the company has submitted a sample 
that has been tested at Customs and Border Protection (``CBP'') 
laboratories. Yara is requesting that CBP classify the imported 
merchandise in subheading 3102.60.00, Harmonized Tariff Schedule of the 
United States (HTSUS).
    This transaction in particular concerns Yara's importation of CN-9 
Solution, a hydrated ammonium calcium nitrate double salt that is 
primarily used as a fertilizer but is also used for waste water 
treatment. Yara entered the subject merchandise at the Port of Long 
Beach between January 24, 2009 and September 8, 2009, and the Port of 
Baltimore on April 20, 2010, under subheading 3102.60.00, HTSUS, as 
``Mineral or chemical fertilizers, nitrogenous: Double salts and 
mixtures of calcium nitrate and ammonium nitrate.'' Citing Legal Note 
2(a)(v) to Chapter 31, HTSUS, the Port of Long Beach liquidated the 
subject merchandise as entered.
    Citing Legal Note 5 to Chapter 28, HTSUS, the Port of Baltimore 
liquidated the subject merchandise under subheading 2842.90.90, HTSUS, 
as ``Other salts of inorganic acids or peroxoacids (including 
aluminosilicates whether or not chemically defined), other than azides: 
Other: Other.''

Comments

    Pursuant to section 177.13(c), CBP regulations (19 CFR 177.13(c)), 
before making a determination on this matter, CBP invites written 
comments on this petition to resolve inconsistent CBP decisions.
    The comments received in response to this notice, will be available 
for public inspection on the docket at http://www.regulations.gov. 
Please note that any submitted comments that CBP receives by mail will 
be posted on the above-referenced docket for the public's convenience.

    Authority: This notice is published in accordance with section 
177.13(c), CBP Regulations (19 CFR 177.13(c)).

    Dated: August 3, 2011.
Sandra L. Bell,
Executive Director, Regulations and Rulings, Office of International 
Trade.
[FR Doc. 2011-20119 Filed 8-8-11; 8:45 am]
BILLING CODE 9111-14-P