Duty-Free Treatment of Certain Visual and Auditory Materials, 51914-51916 [2011-21275]

Download as PDF 51914 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules expired, the State agency shall verify with the law enforcement agency whether it has attempted to execute the warrant. If it has, the State agency shall take appropriate action to deny an applicant or terminate a participant who has been determined to be a fleeing felon or a probation or parole violator or who has been apprehended. If the law enforcement agency has not taken any action within 30 days, the State agency shall not consider the individual a potential fleeing felon or probation or parole violator, shall document the case file accordingly, and take no further action. (5) Application processing. The State agency shall continue to process the application while awaiting verification of fleeing felon or probation or parole violator status. If the State agency is required to act on the case without being able to determine fleeing felon or probation or parole violator status in order to meet the time standards in § 273.2(g) or § 273.2(i)(3), the State agency shall process the application without consideration of the individual’s fleeing felon or probation or parole violator status. * * * * * 4. Paragraph 273.12(a)(5)(vi)(B) is amended by redesignating paragraph (a)(5)(vi)(B)(3) as paragraph (a)(5)(vi)(B)(4) and adding a new paragraph (a)(5)(vi)(3) to read as follows: § 273.12 Reporting requirements. (a) * * * (5) * * * (vi) * * * (B) * * * (3) A household member has been identified as a fleeing felon or probation or parole violator in accord with § 273.11(n); Dated: August 11, 2011. Kevin Concannon, Under Secretary, Food, Nutrition, and Consumer Services. [FR Doc. 2011–21194 Filed 8–18–11; 8:45 am] wreier-aviles on DSKDVH8Z91PROD with PROPOSALS BILLING CODE 3410–30–P VerDate Mar<15>2010 13:37 Aug 18, 2011 Jkt 223001 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10 and 163 [USCBP–2011–0030] RIN 1515–AD75 Duty-Free Treatment of Certain Visual and Auditory Materials U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Notice of proposed rulemaking. AGENCY: This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations pertaining to the filing of documentation related to free entry of certain merchandise under Chapter 98 of the Harmonized Tariff Schedule of the United States (HTSUS). The proposed amendment would permit an applicant to file the documentation required for duty-free treatment of certain visual and auditory materials of an educational, scientific, or cultural character under subheading 9817.00.40, HTSUS, at any time prior to the liquidation of the entry. The regulation currently requires the filing of this documentation within 90 days of the date of entry. The proposed change would provide more time for the importer to provide the necessary certification documentation to CBP and would serve to align the filing of required certification documentation with a change in CBP policy that extended the liquidation cycle for entries in the ordinary course of business from 90 days to 314 days after the date of entry. The change is consistent with other regulations that govern the duty-free treatment of merchandise under Chapter 98, HTSUS. DATES: Written comments must be received on or before October 18, 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 No. USCBP 2011–0030. • Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. 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 rulemaking. All comments received will be posted SUMMARY: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 without change to http:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or 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, U.S. 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 at (202) 325– 0118. FOR FURTHER INFORMATION CONTACT: Robert Dinerstein, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade, (202) 325–0132. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this proposed rule. U.S. Customs and Border Protection (CBP) also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rule. Comments that will provide the most assistance to CBP in developing these procedures will reference a specific portion of the proposed rule, explain the reason for any recommended change, and include data, information, or authority that supports such recommended change. See ADDRESSES above for information on how to submit comments. Background The United States signed the ‘‘Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character’’ made at Beirut, Lebanon (also referred to as the ‘‘Beirut Agreement’’) in 1948. By Public Law 89–634, 80 Stat. 879, 19 U.S.C. 2501 (October 8, 1966), which amended the Tariff Schedules of the United States, and Executive Order 11311, 31 FR 13413 (Oct. 18, 1966), the United States implemented its obligations under the Agreement to E:\FR\FM\19AUP1.SGM 19AUP1 wreier-aviles on DSKDVH8Z91PROD with PROPOSALS Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules allow certain qualifying visual and auditory materials to be imported into the United States duty-free. The provision for duty-free treatment for these materials is now set forth under subheading 9817.00.40 of the Harmonized Tariff Schedule of the United States (HTSUS). CBP coordinates with the U.S. Department of State in administering the obligations of the United States under the Beirut Agreement. The Department of State is the agency responsible for determining whether articles qualify under the Agreement for duty-free treatment under subheading 9817.00.40 of the HTSUS, and CBP is responsible for ensuring that duty-free treatment for merchandise entered under that HTSUS subheading is provided only if the Department of State has certified that the articles qualify. The relevant regulations of the Department of State are set forth in 22 CFR part 61 and the regulation detailing the Department of State’s issuance of the certification document is set forth at 22 CFR 61.8. The relevant CBP regulation is 19 CFR 10.121. As the program currently is administered, an applicant is required to file the Department of State’s certification document in connection with an entry covering articles for which duty-free treatment is sought. See 19 CFR 10.121(a). This document proposes to amend the CBP regulation regarding the time period in which a party seeking dutyfree treatment under subheading 9817.00.40 of the HTSUS must provide certification from the Department of State. If the required documentation has not been filed with CBP at the time of entry for merchandise entered under subheading 9817.00.40, HTSUS, section 10.121(b) of the CBP regulations permits liquidation to be suspended for 90 days after entry to allow an applicant time to obtain the certifying Department of State document. This proposed amendment would permit more time for the importer to provide the necessary certification documentation to CBP. This document proposes to amend 19 CFR 10.121(b) by removing the language which provides for the suspension of liquidation of an entry for 90 days and to provide, instead, that the required documentation may be filed with CBP any time prior to liquidation. This 90day suspension provision was promulgated in 1966 and section 10.121(b) does not reflect the subsequent amendments to 19 U.S.C. 1504 or changes to CBP policy regarding liquidation. Under current law, CBP has up to one year to liquidate an entry before it is deemed liquidated by operation of law. See 19 U.S.C. 1504. VerDate Mar<15>2010 13:37 Aug 18, 2011 Jkt 223001 Historically, the majority of entries were liquidated within 90 days in the ordinary course of business; however, this policy was changed by the agency when the volume of trade increased by extending the liquidation cycle from 90 days after entry to 314 days after entry. See 314-Day Liquidation Cycle-Trade Notice, CSMS #97–000727 (Aug. 3, 1997). It is noted that there is no statutory provision preventing CBP from liquidating an entry at any time during the one-year period after entry of the merchandise and prior to the conclusion of the 314-day liquidation cycle if all the required documentation has been filed. Section 10.112 of title 19 CFR (19 CFR 10.112) permits the filing of documentation related to free entry of merchandise under Chapter 98, HTSUS, at any time prior to liquidation of an entry or, if liquidated, before the liquidation becomes final. Section 10.121(b) is proposed to be amended to be consistent with 19 CFR 10.112 and the change in CBP’s current liquidation practice. Therefore, the suspension of liquidation of an entry for a period of 90 days from the date of entry to allow an applicant to file the required documentation in order to qualify for an exemption from duty under subheading 9817.00.40, HTSUS, would be replaced with a suspension of liquidation of an entry for a period of 314 days from the date of entry. Lastly, we note that this proposed change to 19 CFR 10.121(b) is also consistent with other CBP regulations that govern the duty free treatment of merchandise under Chapter 98, HTSUS. For instance, the regulations implementing the Florence Agreement on scientific instruments and apparatus were amended to merely required that the Department of Commerce’s certifying documentation be submitted to CBP prior to liquidation. See 19 CFR 10.112 and 15 CFR 301.8 (74 FR 30462, June 26, 2009). Other Changes This document also proposes to make a non-substantive change to a listing in the Appendix to part 163—Interim (a)(1)(A) List. The listing ‘‘§ 10.121 Certificate from USIA for visual/ auditory materials’’ currently references USIA (United States Information Agency). Since USIA was abolished in 1999 by the Foreign Affairs Reform and Restructuring Act of 1998, and its functions were transferred to the U.S. Department of State, this listing is outdated. This document will amend the listing in the Appendix to Part 163 to reflect the State Department rather than USIA. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 51915 Regulatory Flexibility Act Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we have considered whether this proposed rule would have a significant impact on a substantial number of small entities. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). As this proposed amendment would provide more time for an importer to obtain the State Department certificate, CBP certifies under 5 U.S.C. 605(b) that the proposed amendments, if adopted, will not have a significant economic impact on a substantial number of small entities. CBP welcomes any comments regarding this finding. Executive Order 12866 This proposed rule is not a ‘‘significant regulatory action’’ as defined by Executive Order 12866. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), an agency may not conduct, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by Office of Management and Budget (OMB). The information collected under 19 CFR 10.121 is included under OMB control number 1651–0067. There are no new collections of information proposed in this document. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations pertaining to certain customs revenue functions. List of Subjects 19 CFR Part 10 Customs duties and inspection, Entry, Imports, Preference programs, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. E:\FR\FM\19AUP1.SGM 19AUP1 51916 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules Proposed Amendments to the CBP Regulations Certificate from the U.S. Department of State for visual/auditory materials’’. For the reasons set forth above, it is proposed to amend parts 10 and 163 of title 19 of the Code of Federal Regulations as set forth below. Alan D. Bersin, Commissioner, U.S. Customs and Border Protection. Approved: August 16, 2011. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 1. The general authority citation for part 10 continues to read and a specific authority is added for § 10.121 as follows: Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2011–21275 Filed 8–18–11; 8:45 am] BILLING CODE 9111–14–P AGENCY FOR INTERNATIONAL DEVELOPMENT 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. 22 CFR Part 228 * Procurement of Commodities and Services Financed by USAID * * * * Section 10.121 also issued under 19 U.S.C. 2501; * * * * * 2. Section 10.121(b) is revised to read as follows: § 10.121 Visual or auditory materials of an educational, scientific, or cultural character. * * * * * (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 which has been released under this procedure will be suspended for a period of 314 days from the date of entry or until the required document is submitted, whichever comes first. In the event that documentation is not submitted before liquidation, the merchandise will be classified and liquidated in the ordinary course, without regard to subheading 9817.00.40, HTSUS. PART 163—RECORDKEEPING 3. The authority citation for part 163 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. wreier-aviles on DSKDVH8Z91PROD with PROPOSALS * * * * * Appendix to Part 163—[Amended] 4. Section IV is amended by removing the listing ‘‘§ 10.121 Certificate from USIA for visual/auditory materials’’ and adding in its place the listing ‘‘§ 10.121 VerDate Mar<15>2010 13:37 Aug 18, 2011 Jkt 223001 [Aid Reg. 228] RIN 0412–AA70 Agency for International Development (USAID). ACTION: Proposed rule. AGENCY: This proposed rule implements the statutory requirement that funds made available by the United States Congress (Congress) to USAID under the authority of the Foreign Assistance Act of 1961, as amended (FAA), be used for procurement in the United States (U.S.), the recipient country, or developing countries. It does so by revising USAID’s current source, origin and nationality (S/O/N) regulation to track more closely the statutory procurement authority provided under the FAA and referenced above; by establishing a single code for procurements from the U.S., recipient country and developing countries; by deleting the concept of ‘‘origin,’’ which is increasingly obsolete and difficult to apply in today’s globalized economy; and by simplifying the concepts of ‘‘source’’ and ‘‘nationality’’ in order to reflect better Congress’s directive to procure from the U.S., recipient or developing countries. DATES: Comments must be received by close of business October 3, 2011. ADDRESSES: You may submit comments, identified by Regulatory Information Number, RIN 0412–AA70, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: jniemeyer@usaid.gov. Include RIN number 0412–AA70 in the subject line of the message. • Mail: U.S. Agency for International Development, Office of the General Counsel, Room 6.07–105, 1300 Pennsylvania Ave., NW., Washington, SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 DC 20523, Attention: John R. Niemeyer, Esq. • Instructions: All submissions received must include the Agency name and docket number or Regulatory Information Number (RIN 0412–AA70) for this rulemaking. All comments received will be included in the public docket without change and will be made available online at http://www. regulations.gov, including any personal information provided. Public Participation: Because security screening precautions have slowed the delivery and dependability of surface mail and hand delivery to USAID/ Washington, USAID recommends sending all comments to the Federal eRulemaking Portal. The e-mail address listed above is provided in the event that submission to the Federal eRulemaking Portal is not convenient (all comments must be in writing to be reviewed). You may submit comments by electronic mail, avoiding the use of any special characters and any form of encryption. USAID will consider all comments in response to the proposed rule as USAID determines how to revise its S/O/N regulation, and will reconcile all comments (similar comments by category) in any published, final rule. All comments will be posted at the portal for Federal rulemaking, regulations.gov, under Regulatory Information Number, RIN 0412–AA70. FOR FURTHER INFORMATION CONTACT: John Niemeyer (or designee), Attorney Advisor, Office of the General Counsel, USAID, Rm. 6.07–105, 1300 Pennsylvania Ave., NW., Washington, DC 20523; telephone: (202) 712–5053 (this is not a toll-free number); jniemeyer@usaid.gov. SUPPLEMENTARY INFORMATION: Table of Contents • Part I. Background • Part II: The Proposed Rule Æ Purpose of the Rule Æ USAID Regulations Amended by This Rule Æ Summary of Changes to the Existing Rule Æ Regulatory Planning and Review: Findings and Certifications of Impact Assessment Æ List of Subjects in 22 CFR Part 228 Æ Proposed Rule: Part 228, Rules on Procurement of Commodities and Services Financed by USAID I. Background On February 16, 2011, USAID published in the Federal Register (76 FR 8961) an Advanced Notice of Public Rulemaking (ANPRM), notifying the public that USAID intended to review E:\FR\FM\19AUP1.SGM 19AUP1

Agencies

[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Proposed Rules]
[Pages 51914-51916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21275]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 10 and 163

[USCBP-2011-0030]
RIN 1515-AD75


Duty-Free Treatment of Certain Visual and Auditory Materials

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend the U.S. Customs and Border 
Protection (CBP) regulations pertaining to the filing of documentation 
related to free entry of certain merchandise under Chapter 98 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The proposed 
amendment would permit an applicant to file the documentation required 
for duty-free treatment of certain visual and auditory materials of an 
educational, scientific, or cultural character under subheading 
9817.00.40, HTSUS, at any time prior to the liquidation of the entry. 
The regulation currently requires the filing of this documentation 
within 90 days of the date of entry. The proposed change would provide 
more time for the importer to provide the necessary certification 
documentation to CBP and would serve to align the filing of required 
certification documentation with a change in CBP policy that extended 
the liquidation cycle for entries in the ordinary course of business 
from 90 days to 314 days after the date of entry. The change is 
consistent with other regulations that govern the duty-free treatment 
of merchandise under Chapter 98, HTSUS.

DATES: Written comments must be received on or before October 18, 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 No. USCBP 
2011-0030.
     Mail: Trade and Commercial Regulations Branch, Regulations 
and Rulings, U.S. 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 rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments and additional information on the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
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, U.S. 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 at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Robert Dinerstein, Valuation and 
Special Programs Branch, Regulations and Rulings, Office of 
International Trade, (202) 325-0132.

SUPPLEMENTARY INFORMATION: 

Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
proposed rule. U.S. Customs and Border Protection (CBP) also invites 
comments that relate to the economic, environmental, or federalism 
effects that might result from this proposed rule. Comments that will 
provide the most assistance to CBP in developing these procedures will 
reference a specific portion of the proposed rule, explain the reason 
for any recommended change, and include data, information, or authority 
that supports such recommended change. See ADDRESSES above for 
information on how to submit comments.

Background

    The United States signed the ``Agreement for Facilitating the 
International Circulation of Visual and Auditory Materials of an 
Educational, Scientific, and Cultural Character'' made at Beirut, 
Lebanon (also referred to as the ``Beirut Agreement'') in 1948. By 
Public Law 89-634, 80 Stat. 879, 19 U.S.C. 2501 (October 8, 1966), 
which amended the Tariff Schedules of the United States, and Executive 
Order 11311, 31 FR 13413 (Oct. 18, 1966), the United States implemented 
its obligations under the Agreement to

[[Page 51915]]

allow certain qualifying visual and auditory materials to be imported 
into the United States duty-free. The provision for duty-free treatment 
for these materials is now set forth under subheading 9817.00.40 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    CBP coordinates with the U.S. Department of State in administering 
the obligations of the United States under the Beirut Agreement. The 
Department of State is the agency responsible for determining whether 
articles qualify under the Agreement for duty-free treatment under 
subheading 9817.00.40 of the HTSUS, and CBP is responsible for ensuring 
that duty-free treatment for merchandise entered under that HTSUS 
subheading is provided only if the Department of State has certified 
that the articles qualify. The relevant regulations of the Department 
of State are set forth in 22 CFR part 61 and the regulation detailing 
the Department of State's issuance of the certification document is set 
forth at 22 CFR 61.8. The relevant CBP regulation is 19 CFR 10.121. As 
the program currently is administered, an applicant is required to file 
the Department of State's certification document in connection with an 
entry covering articles for which duty-free treatment is sought. See 19 
CFR 10.121(a).
    This document proposes to amend the CBP regulation regarding the 
time period in which a party seeking duty-free treatment under 
subheading 9817.00.40 of the HTSUS must provide certification from the 
Department of State. If the required documentation has not been filed 
with CBP at the time of entry for merchandise entered under subheading 
9817.00.40, HTSUS, section 10.121(b) of the CBP regulations permits 
liquidation to be suspended for 90 days after entry to allow an 
applicant time to obtain the certifying Department of State document. 
This proposed amendment would permit more time for the importer to 
provide the necessary certification documentation to CBP.
    This document proposes to amend 19 CFR 10.121(b) by removing the 
language which provides for the suspension of liquidation of an entry 
for 90 days and to provide, instead, that the required documentation 
may be filed with CBP any time prior to liquidation. This 90-day 
suspension provision was promulgated in 1966 and section 10.121(b) does 
not reflect the subsequent amendments to 19 U.S.C. 1504 or changes to 
CBP policy regarding liquidation. Under current law, CBP has up to one 
year to liquidate an entry before it is deemed liquidated by operation 
of law. See 19 U.S.C. 1504. Historically, the majority of entries were 
liquidated within 90 days in the ordinary course of business; however, 
this policy was changed by the agency when the volume of trade 
increased by extending the liquidation cycle from 90 days after entry 
to 314 days after entry. See 314-Day Liquidation Cycle-Trade Notice, 
CSMS 97-000727 (Aug. 3, 1997). It is noted that there is no 
statutory provision preventing CBP from liquidating an entry at any 
time during the one-year period after entry of the merchandise and 
prior to the conclusion of the 314-day liquidation cycle if all the 
required documentation has been filed.
    Section 10.112 of title 19 CFR (19 CFR 10.112) permits the filing 
of documentation related to free entry of merchandise under Chapter 98, 
HTSUS, at any time prior to liquidation of an entry or, if liquidated, 
before the liquidation becomes final. Section 10.121(b) is proposed to 
be amended to be consistent with 19 CFR 10.112 and the change in CBP's 
current liquidation practice. Therefore, the suspension of liquidation 
of an entry for a period of 90 days from the date of entry to allow an 
applicant to file the required documentation in order to qualify for an 
exemption from duty under subheading 9817.00.40, HTSUS, would be 
replaced with a suspension of liquidation of an entry for a period of 
314 days from the date of entry.
    Lastly, we note that this proposed change to 19 CFR 10.121(b) is 
also consistent with other CBP regulations that govern the duty free 
treatment of merchandise under Chapter 98, HTSUS. For instance, the 
regulations implementing the Florence Agreement on scientific 
instruments and apparatus were amended to merely required that the 
Department of Commerce's certifying documentation be submitted to CBP 
prior to liquidation. See 19 CFR 10.112 and 15 CFR 301.8 (74 FR 30462, 
June 26, 2009).

Other Changes

    This document also proposes to make a non-substantive change to a 
listing in the Appendix to part 163--Interim (a)(1)(A) List. The 
listing ``Sec.  10.121 Certificate from USIA for visual/auditory 
materials'' currently references USIA (United States Information 
Agency). Since USIA was abolished in 1999 by the Foreign Affairs Reform 
and Restructuring Act of 1998, and its functions were transferred to 
the U.S. Department of State, this listing is outdated. This document 
will amend the listing in the Appendix to Part 163 to reflect the State 
Department rather than USIA.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
have considered whether this proposed rule would have a significant 
impact on a substantial number of small entities. A small entity may be 
a small business (defined as any independently owned and operated 
business not dominant in its field that qualifies as a small business 
per the Small Business Act); a small not-for-profit organization; or a 
small governmental jurisdiction (locality with fewer than 50,000 
people).
    As this proposed amendment would provide more time for an importer 
to obtain the State Department certificate, CBP certifies under 5 
U.S.C. 605(b) that the proposed amendments, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
CBP welcomes any comments regarding this finding.

Executive Order 12866

    This proposed rule is not a ``significant regulatory action'' as 
defined by Executive Order 12866.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), an agency may not conduct, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number assigned by Office of 
Management and Budget (OMB). The information collected under 19 CFR 
10.121 is included under OMB control number 1651-0067. There are no new 
collections of information proposed in this document.

Signing Authority

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

List of Subjects

19 CFR Part 10

    Customs duties and inspection, Entry, Imports, Preference programs, 
Reporting and recordkeeping requirements, Trade agreements.

19 CFR Part 163

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

[[Page 51916]]

Proposed Amendments to the CBP Regulations

    For the reasons set forth above, it is proposed to amend parts 10 
and 163 of title 19 of the Code of Federal Regulations as set forth 
below.

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

    1. The general authority citation for part 10 continues to read and 
a specific authority is added for Sec.  10.121 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.

* * * * *
    Section 10.121 also issued under 19 U.S.C. 2501;
* * * * *

    2. Section 10.121(b) is revised to read as follows:


Sec.  10.121  Visual or auditory materials of an educational, 
scientific, or cultural character.

* * * * *
    (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 which has been 
released under this procedure will be suspended for a period of 314 
days from the date of entry or until the required document is 
submitted, whichever comes first. In the event that documentation is 
not submitted before liquidation, the merchandise will be classified 
and liquidated in the ordinary course, without regard to subheading 
9817.00.40, HTSUS.

PART 163--RECORDKEEPING

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

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

Appendix to Part 163--[Amended]

    4. Section IV is amended by removing the listing ``Sec.  10.121 
Certificate from USIA for visual/auditory materials'' and adding in its 
place the listing ``Sec.  10.121 Certificate from the U.S. Department 
of State for visual/auditory materials''.

Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
    Approved: August 16, 2011.

Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-21275 Filed 8-18-11; 8:45 am]
BILLING CODE 9111-14-P