Informal Entry Limit and Removal of a Formal Entry Requirement, 66875-66880 [2011-27879]
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 24, 102, 123, 128, 141,
143, 145, and 148
[USCBP–2011–0042]
RIN 1515–AD69
Informal Entry Limit and Removal of a
Formal Entry Requirement
Customs and Border Protection,
Department of Homeland Security;
Department of the Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document proposes to
amend provisions in Customs and
Border Protection (CPB) regulations to
increase the informal entry limit from
$2,000 to $2,500. Section 662 of the
Customs Modernization provisions of
the North American Free Trade
Agreement Implementation Act raised
the statutory limit by which the
Secretary of the Treasury is authorized
to prescribe rules and regulations for the
declaration and entry of, among other
things, imported merchandise when the
aggregate value of the shipment does not
exceed an amount specified, but not
greater than $2,500. The current limit of
$2000 was established in 1998 and
while that dollar amount has been
unchanged, inflation over the
intervening years has reduced the value
of that amount in real terms.
Consequently, CBP proposes to raise the
current informal entry amount to its
maximum statutory limit in response to
inflation that has occurred and thereby
to reduce the administrative burden on
importers and other entry filers.
Moreover, CBP proposes to remove the
language requiring formal entry for
certain articles, because with the
elimination of absolute quotas under the
Agreement on Textiles and Clothing,
CBP no longer needs to require formal
entries for these articles. This document
also makes non-substantive editorial
and nomenclature changes.
DATE: Comments must be received on or
before December 27, 2011.
ADDRESSES: You may submit comments,
identified by USCBP docket number, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2011–0042.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
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SUMMARY:
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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
USCBP docket number for this
rulemaking. All comments received will
be posted without change to https://
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 https://
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:
Cynthia F. Whittenburg, Trade
Facilitation and Administration
Division, Office of International Trade,
Customs and Border Protection, (202)
863–6512.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the
proposed rule. Customs and Border
Protection also invites comments that
relate to the economic, environmental,
or federalism effects that might result
from this proposed rule. If appropriate
to a specific comment, the commenter
should reference the specific portion of
the proposed rule, explain the reason for
any recommended change, and include
data, information, or authority that
support such recommended change.
Background
All merchandise imported into the
customs territory of the United States is
subject to entry and clearance
procedures. Section 484(a), Tariff Act of
1930, as amended (19 U.S.C. 1484(a)),
provides that the ‘‘importer of record’’
or his authorized agent shall: (1) Make
entry for imported merchandise by
filing such documentation or
information as is necessary to enable
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CBP to determine whether the
merchandise may be released from CBP
custody; and (2) complete the entry by
filing with CBP the declared value,
classification and rate of duty applicable
to the merchandise and such other
documentation or other information as
is necessary to enable CBP to properly
assess duties on the merchandise and
collect accurate statistics with respect to
the merchandise and determine whether
any other applicable requirement of law
is met. Part 142 of the Code of Federal
Regulations (19 CFR part 142)
implements section 484 of the Tariff
Act, as amended, and prescribes
procedures applicable to most CBP
entry transactions. These procedures are
referred to as formal entry procedures
and generally involve the completion
and filing of one or more CBP forms
(such as CBP Form 7501, Entry/Entry
Summary, which contains detailed
information regarding the import
transaction), or their electronic
equivalent, as well as the filing of
commercial documents pertaining to the
transaction. As originally enacted,
section 498, Tariff Act of 1930, as
amended (subsequently codified at 19
U.S.C. 1498), authorized the Secretary of
the Treasury to prescribe rules and
regulations for the declaration and entry
of, among other things, imported
merchandise when the aggregate value
of the shipment did not exceed an
amount specified, but not greater than
$250. Regulations implementing this
aspect of section 498 of the Tariff Act,
as amended, are contained in Subpart C
of part 143 of the CFR (19 CFR part 143)
which is entitled ‘‘Informal Entry.’’
Section 662 of the North American Free
Trade Agreement Implementation Act
(Pub. L. 103–182, 107 Stat. 2057, Dec. 8,
1993) amended section 498 by
increasing to $2,500 the maximum
dollar amount that the Secretary could
prescribe by regulation for purposes of
the declaration and entry of
merchandise.
In 1998, in accordance with 19 U.S.C.
1498, as amended, CBP raised the
informal entry limit to $2,000.
Currently, part 143 of title 19 of the CFR
(19 CFR part 143) still reflects the
$2,000 informal entry limit. In this
document CBP proposes to increase the
informal entry amount to its statutory
maximum limit of $2,500 in response to
inflation. The informal entry procedures
set forth in subpart C of part 143 are less
burdensome than the formal entry
procedures prescribed in part 142 of the
regulations. By increasing the limit by
$500, CBP believes that this proposed
change will reduce the overall
administrative burden on importers and
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Proposed Rules
other entry filers by expanding the
availability of the simplified informal
entry procedures. In fact, CBP has
determined that increasing the informal
entry limit to $2,500 will save the trade
community approximately $11 million
in merchandise processing fees.
Accordingly, this document proposes to
amend part 143 of the CBP regulations
to increase the informal entry limit from
$2,000 to $2,500, and to amend any
other regulatory provisions that reflect
the informal entry limit.
However, 19 CFR 143.22, provides
that CBP may require a formal
consumption or appraisement entry for
any merchandise if deemed necessary
for: (a) Import admissibility enforcement
purposes, (b) revenue protection, or (c)
the efficient conduct of Customs
business.
CBP also proposes to remove language
stating that formal entry is required for
certain ‘‘articles valued in excess of
$250’’ that are classified in specified
parts of the Harmonized Tariff Schedule
of the United States (HTSUS). We
propose to remove this language
because CBP no longer needs to require
formal entries for these articles due to
the elimination of absolute quotas and
visa requirements for textile articles.
Consequently, CBP proposes to
remove paragraph (a) of section 102.24
of title 19 of the CFR, which requires the
use of a formal entry and visa or export
license for certain shipments of textile
or apparel products due to the
elimination of quotas formerly
established under the Agreement on
Textiles and Clothing.
This document also proposes to
amend section 143.21(c) of the CBP
regulations to correct an erroneous
cross-reference.
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Explanation of Proposed Amendments
This document proposes to increase
the informal entry limit by amending
title 19 of the CFR part 143, which
establishes the informal entry limit, and
parts 10, 24, 123, 128, 141, 145, and
148, which reflect the current informal
entry limit. Specifically, this document
proposes to replace any references made
to ‘‘$2,000’’, when pertaining to the
informal entry limit, with ‘‘$2,500’’.
To eliminate the language stating that
formal entry is required for ‘‘articles
valued in excess of $250’’ that are
classified in certain parts of the
Harmonized Tariff Schedule of the
United States (HTSUS), CBP proposes to
amend title 19 of the CFR parts 141,
143, and 148.
CBP also proposes to remove
paragraph (a) of section 102.24 of title
19 of the CFR due to the elimination of
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visa programs for textile and apparel
imports.
CBP further proposes to amend
section 143.21(c) of title 19 of the CFR
to correct an erroneous cross-reference.
In addition, this document proposes
non-substantive amendments to the CFR
to reflect nomenclature changes effected
by the transfer of the agency to the
Department of Homeland Security and
other minor grammatical and editorial
edits.
Executive Order 12866
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget. CBP has prepared the following
analysis to help inform stakeholders of
the potential impacts of this proposed
rule.
CBP requires importers to submit a
completed CBP Form 7501 or its
electronic equivalent with each entry of
merchandise for consumption.
Merchandise valued over $2,000
requires a formal entry—a surety bond
is required and the importer may take
possession of the merchandise before
duties and taxes are assessed. Currently,
merchandise valued below $2,000 may
be entered informally, with no bond
requirement and duties and taxes are
assessed immediately, but may require a
formal entry at a Port Director’s
discretion. If finalized, this regulation
will increase the ceiling for which
merchandise may qualify for an
informal entry from $2,000 to $2,500.
Unless exempt under a free trade
agreement and in addition to any duty
or tax owed, merchandise requiring a
formal entry is subject to a 0.21 percent
ad valorem merchandise processing fee,
which may be no greater than $485 and
no less than $25. Any merchandise
currently requiring a formal entry with
a value of $2,000 to $2,500 is subject to
the minimum $25 merchandise
processing fee. Entries considered
informal entries as a result of the change
in the threshold would now be subject
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to only a $2 merchandise processing fee
(assuming they are filed electronically).
In FY 2009, CBP processed 476,081
formal entries that were not subject to
free trade agreements and were subject
to the $25 merchandise processing fee
that were valued between $2,000 and
$2,500. Consequently, raising the
informal entry limited to $2,500 would
result in a loss of approximately $12
million in revenues if the $25
merchandise processing fee were not
collected for these entries (476,081 ×
$25 = $11.9 million). Revenues would
now be approximately $1 million
(476,081 × $2 = $0.95 million), thus the
net loss in fees collected would be
approximately $11 million ($12 million
¥$1 million).
Regulatory Flexibility Act
This section examines the impact of
the rule on small entities as required by
the Regulatory Flexibility Act (5 U.S.C.
603), as amended by the Small Business
Regulatory Enforcement and Fairness
Act of 1996. 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-forprofit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
The proposed regulation, if finalized,
will increase the ceiling for informal
entries from $2,000 to $2,500. Given the
available data, we are not able to
estimate the number of small entities
potentially affected by this regulation
because we are not able to discern
whether these informal entries were
made by an individual (who would not
be considered a small business) or a
commercial entity. However, given the
number of informal entries filed in FY
2009, the number of entities affected is
believed to be significant.
Our analysis, however, demonstrates
that this regulation would create a
benefit through cost savings to filers of
approximately $11 million a year. Thus,
to the extent that this rule affects small
entities, these entities would experience
a small cost savings on a per-transaction
basis. The total cost savings per entity
would be based on its annual
transaction levels. Conversely, brokers
may be indirectly affected by this rule
if they provide services to affected
importers. Again, indirect impacts are
driven by the number of transactions.
CBP believes that this rule will not have
a significant economic impact on a
substantial number of small entities.
However, CBP welcomes any comments
regarding this assessment.
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Proposed Rules
Paperwork Reduction Act
19 CFR Part 143
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 OMB.
The collection of information on the
Entry Summary and Informal Entry are
approved by OMB under collection
1651–0022.
Comments on the collection of
information should be sent to the Office
of Management and Budget, Attention:
Desk Officer of the Department of
Homeland Security, Customs and
Border Protection, Office of Information
and Regulatory Affairs, Washington, DC
20503. A copy should also be sent to the
Trade and Commercial Regulations
Branch, Office of International Trade,
U.S Customs and Border Protection, 799
9th Street NW., (Mint Annex),
Washington, DC 20229–1179.
Comments should be submitted within
the time frame that comments are due
regarding the substance of the proposal.
Customs duties and inspection,
Reporting and recordkeeping
requirements.
Signing Authority
19 CFR Part 145
Customs duties and inspection,
Reporting and recordkeeping
requirements.
19 CFR Part 148
Customs duties and inspection,
Reporting and recordkeeping
requirements, Taxes.
Proposed Amendments to the CBP
Regulations
For the reasons set forth in the
preamble, parts 10, 24, 102, 123, 128,
141, 143, 145, and 148 of title 19 of the
CFR (19 CFR parts 10, 24, 102, 123, 128,
141, 143, 145, and 148) are proposed to
be amended 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 as follows:
This proposed regulation is being
issued in accordance with 19 CFR
0.1(a)(1) pertaining to the Secretary of
the Treasury’s authority (or that of his
delegate) to approve regulations related
to certain customs revenue functions.
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.
List of Subjects
2. In § 10.1:
a. Introductory paragraph (a) is
amended by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’, and by removing the sum
‘‘$2,000’’ and adding in its place the
sum ‘‘$2,500’’;
b. Paragraph (a)(1) is amended by
removing the first two numerals of the
year ‘‘19lll’’ and adding in its place
the numerals ‘‘20lll’’;
c. Paragraph (a)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’;
d. Paragraph (b) is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’;
e. Paragraph (e) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
f. Paragraph (f) is amended by
removing the word ‘‘shall’’ each place
that it appears and adding in its place
the word ‘‘must’’;
g. Paragraph (g)(1) is amended by:
i. Removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’;
ii. Removing the word ‘‘shall’’ the first
time that it appears and adding in its
place the word ‘‘must’’; and
19 CFR Part 10
Customs duties and inspection,
Reporting and recordkeeping
requirements.
19 CFR Part 24
Customs duties and inspection,
Reporting and recordkeeping
requirements, Taxes.
19 CFR Part 102
Canada, Customs duties and
inspection, Imports, Mexico, Reporting
and recordkeeping requirements, Trade
agreements.
19 CFR Part 123
Customs duties and inspection,
Reporting and recordkeeping
requirements.
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19 CFR Part 128
Customs duties and inspection,
Reporting and recordkeeping
requirements.
19 CFR Part 141
Customs duties and inspection,
Reporting and recordkeeping
requirements.
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§ 10.1
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iii. Removing the word ‘‘shall’’ in the
last sentence and adding in its place the
word ‘‘will’’;
h. Paragraph (g)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
i. Paragraph (g)(3) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’, and
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
j. Paragraph (h)(1) is amended by
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’, and removing the
word ‘‘shall’’ each place that it appears
and adding in its place the word
‘‘must’’;
k. Paragraph (h)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
l. Paragraph (h)(3) is amended by
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’, and removing the
word ‘‘shall’’ and adding in its place the
word ‘‘must’’;
m. Introductory paragraph (h)(4) is
amended by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’;
n. Paragraph (h)(5) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’, and
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
o. Paragraph (h)(5)(i) is amended by
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’, and by removing
the word ‘‘shall’’ each place that it
appears and adding in its place the
word ‘‘must’’; and
p. Paragraph (j)(2) is amended by
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’, and by removing
the word ‘‘shall’’ each place that it
appears and adding in its place the
word ‘‘must’’.
PART 24—CUSTOMS AND FINANCIAL
ACCOUNTING PROCEDURE
3. The general authority citations for
part 24 is revised and the specific
authority citation for § 24.23 continues
to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a–58c,
66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C.
9701; Public Law 107–296, 116 Stat. 2135 (6
U.S.C. 1 et seq.).
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Section 24.23 also issued under 19 U.S.C.
3332;
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§ 24.23
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PART 102—RULES OF ORIGIN
[Amended]
4. In § 24.23:
a. The introductory paragraph (a)(4) is
amended by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’;
b. Paragraph (b)(1)(i)(A) is amended
by removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
c. Paragraph (b)(1)(i)(B) is amended by
removing the word ‘‘shall’’ each place
that it appears and adding in its place
the word ‘‘must’’;
d. Paragraph (b)(1)(ii) is amended by
removing the word ‘‘shall’’ each place
that it appears and adding in its place
the word ‘‘will’’;
e. Paragraph (b)(3) is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’;
f. Paragraph (b)(4) is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’;
g. Paragraph (c)(1) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
h. Paragraph (c)(2)(i) and (ii) are
amended by removing the word ‘‘shall’’
and adding in its place the word ‘‘will’’;
i. Paragraph (c)(3) is amended by
removing the word ‘‘shall’’ each place
that it appears and adding in its place
the word ‘‘will’’;
j. Paragraph (c)(4) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’;
k. Paragraph (c)(5) is amended by:
i. Removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
ii. Removing the word ‘‘Custons’’ and
adding in its place the word ‘‘Customs’’;
l. Paragraph (d)(1) is amended by:
i. Removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
ii. Removing the word ‘‘shall’’ and
adding in its place the word ‘‘must’’;
m. Paragraph (d)(2) is amended by:
i. Removing the word ‘‘shall’’ in the
first sentence and adding in its place the
word ‘‘must’’;
ii. Removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
iii. Removing the word ‘‘shall’’ in the
last sentence and adding in its place the
word ‘‘will’’;
n. Paragraph (e)(1) is amended by
removing the word ‘‘Customs’’, in its
heading and in its text, each place that
it appears and adding in its place the
word ‘‘customs’’, and by removing the
word ‘‘shall’’ each place that it appears
and adding in its place the word ‘‘will’’;
and
o. Paragraph (e)(2) is amended by
removing the word ‘‘shall’’ and adding
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in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the word ‘‘customs’’.
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5. The general authority citation for
part 102 continues to read as follows:
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 3314, 3592.
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§ 102.24
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[Amended]
6. Section 102.24 is amended by
removing paragraph (a), the paragraph
designation ‘‘(b)’’, and the paragraph (b)
subject heading.
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in its place the sum ‘‘$2,500’’, and by
removing the term ‘‘CF’’ and adding in
its place the words ‘‘CBP Form’’;
c. Paragraph (b)(2)(iii) is amended by
removing the term ‘‘CF’’ and adding in
its place the words ‘‘CBP Form’’; and
d. Paragraph (c)(2) is amended by
removing the term ‘‘Customs’’ and
adding in its place the word ‘‘customs’’.
PART 128—EXPRESS
CONSIGNMENTS
10. The general authority citation for
part 128 continues to read as follows:
Authority: 19 U.S.C. 58c, 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States), 1321, 1484,
1498, 1551, 1555, 1556, 1565, 1624.
PART 123—CBP RELATIONS WITH
CANADA AND MEXICO
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7. The general authority citation for
part 123 and the specific authority
citations for § 123.4 continue to read as
follows:
11. In § 128.24:
a. Paragraph (a) is amended by
removing the sum ‘‘$2,000’’ each place
that it appears and adding in its place
the sum ‘‘$2,500’’;
b. Paragraph (b) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’, and
by removing the word ‘‘shall’’ and
adding in its place the word ‘‘must’’;
c. Paragraph (c) is amended by
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’, and by removing
the word ‘‘shall’’ each place that it
appears and adding in its place the
word ‘‘must’’;
d. Paragraph (d) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
e. Paragraph (e) is amended by
removing, in the text, the word ‘‘shall’’
and adding in its place the word ‘‘will’’.
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States (HTSUS)), 1431, 1433, 1436,
1448, 1624, 2071 note.
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Section 123.4 also issued under 19 U.S.C.
1484, 1498;
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§ 123.4
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[Amended]
8. In § 123.4:
a. The introductory paragraph is
amended by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’, and by removing the word
‘‘Customs’’ and adding in its place the
term ‘‘CBP’’;
b. Paragraph (a) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
c. Paragraph (b) is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’, and
removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’;
d. Paragraph (c) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
e. Paragraph (d) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’, and
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’.
§ 123.92
[Amended]
9. In § 123.92:
a. Paragraph (b)(2)(i) is amended by
removing the words ‘‘Customs Form
(CF)’’ and adding in its place the term
‘‘CBP Form’’;
b. Paragraph (b)(2)(ii) is amended by
removing the sum ‘‘$2,000’’ and adding
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*
§ 128.24
*
*
*
[Amended]
PART 141—ENTRY OF MERCHANDISE
12. The general authority citation for
part 141 is revised to read as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1498,
1624.
*
*
§ 141.82
*
*
*
[Amended]
13. In § 141.82:
a. Paragraphs (b) and (c) are amended
by removing the word ‘‘shall’’ each
place that it appears and adding in its
place the word ‘‘must’’; and
b. Paragraph (d) is amended by:
i. Removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
ii. Removing the words ‘‘Sections VII,
VIII, XI, and XII; Chapter 94; and’’; and
iii. Adding the symbol ’’)’’ after the
word ‘‘States’’.
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PART 143—SPECIAL ENTRY
PROCEDURES
14. The general authority citation for
part 143 is revised to read as follows:
Authority: 19 U.S.C. 66, 1321, 1414, 1481,
1484, 1498, 1624, 1641.
*
*
§ 143.21
*
*
*
[Amended]
15. In § 143.21:
a. Paragraphs (a) and (b) are amended
by removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
b. Paragraph (a) is further amended by
removing the words ‘‘Sections VII, VIII,
XI, and XII; Chapter 94 and’’;
c. Paragraph (c) is amended by:
i. Removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
ii. Removing the citation ‘‘§ 141.51’’
and adding in its place the citation
‘‘§ 141.52’’; and
iii. Removing the words ‘‘subheadings
from Sections VII, VIII, XI, and XII; or
in Chapter 94 and’’;
d. Paragraphs (f) and (g) are amended
by removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
e. Paragraph (j) is amended by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
§ 143.22
[Amended]
16. Section 143.22 is amended by
removing the word ‘‘Customs’’ and
adding in its place the word ‘‘customs’’,
and by removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’.
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 143.23
[Amended]
17. In § 143.23:
a. The introductory paragraph is
amended by removing the word ‘‘shall’’
and adding in its place the word
‘‘must’’, and by removing the word
‘‘Customs’’ each time it appears and
adding in its place the term ‘‘CBP’’;
b. Paragraphs (b) and (c) are amended
by removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
c. Paragraph (d) is amended by:
i. Removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
ii. Removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
iii. Removing the words ‘‘Sections VII,
VIII, XI, and XII; Chapter 94; and’’;
d. Paragraph (e) is amended by
removing the word ‘‘can’’ and adding in
its place the word ‘‘may’’;
e. Paragraphs (f), (g), and (h) are
amended by removing the word
‘‘Customs’’ each time it appears and
adding in its place the term ‘‘CBP’’; and
f. Paragraph (i) is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’.
§ 143.26
[Amended]
18. In § 143.26:
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a. Paragraph (a) is amended by
removing, in its heading and in its text,
the sum ‘‘$2,000’’ each place that it
appears and adding in its place the sum
‘‘$2,500’’; and
b. Paragraph (b) is amended by
removing the space between
‘‘appropriatel’’ and ‘‘y’’ to read
‘‘appropriately’’, and by removing the
word ‘‘Customs’’ and adding in its place
the word ‘‘customs’’.
PART 145—MAIL IMPORTATIONS
19. The general authority citation for
part 145 and the specific authority
citations for §§ 145.4, 145.12, 145.31,
145.35, 145.41 continue to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General
Notice 3(i), Harmonized Tariff Schedule of
the United States), 1624.
*
*
*
*
*
Section 145.4 also issued under 18 U.S.C.
545, 19 U.S.C. 1618;
*
*
*
*
*
Section 145.12 also issued under 19 U.S.C.
1315, 1484, 1498;
*
*
*
*
*
Section 145.31 also issued under 19 U.S.C.
1321;
Section 145.35 through 145.38, 145.41, also
issued under 19 U.S.C. 1498;
*
*
§ 145.4
*
*
*
[Amended]
20. In § 145.4:
a. Paragraph (a) is amended by
removing the word ‘‘Customs’’ the first
time it appears and adding in its place
the term ‘‘CBP’’, and by removing the
word ‘‘Customs’’ the second time it
appears and adding in its place the
word ‘‘customs’’; and
b. Paragraph (c) is amended by:
i. Removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
ii. Removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
iii. Removing the word ‘‘shall’’ and
adding in its place the word ‘‘must’’.
§ 145.12
[Amended]
21. In § 145.12:
a. Paragraph (a)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’;
b. Paragraph (a)(3) is amended by:
i. Removing the sum ‘‘$2,000’’ each
place that it appears and adding in its
place the sum ‘‘$2,500’’;
ii. Removing the word ‘‘Customs’’ the
first time that it appears and adding in
its place the term ‘‘CBP’’;
iii. Removing the word ‘‘Customs’’ the
second time that it appears and adding
in its place the word ‘‘customs’’; and
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66879
iv. Removing the words ‘‘shall not’’
and adding in its place the word
‘‘cannot’’;
c. Paragraph (a)(4) is amended by:
i. Removing the word ‘‘shall’’ in the
first and second sentence and adding in
its place the word ‘‘will’’;
ii. Removing the word ‘‘shall’’ in the
last sentence and adding in its place the
word ‘‘must’’; and
iii. Removing the word ‘‘Customs’’
and adding in its place the term ‘‘CBP’’,
and adding the word, ‘‘customs’’ before
the word, ‘‘station’’;
d. Paragraph (b)(1) is amended by:
i. Removing the word ‘‘Customs’’ each
place that it appears and adding in its
place the term ‘‘CBP’’;
ii. Removing the word ‘‘shall’’ each
place that it appears and adding in its
place the word ‘‘will’’;
iii. Removing the sum ‘‘$2,000’’ and
adding in its place the sum ‘‘$2,500’’;
and
iv. Removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
e. Paragraph (b)(2) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’;
f. Paragraph (c) is amended by:
i. Removing, in its heading and in its
text, the sum ‘‘$2,000’’ and adding in its
place the sum $2,500’’;
ii. Removing the word ‘‘Customs’’
each place that it appears in the first
sentence and adding in its place the
term ‘‘CBP’’;
iii. Removing the words ‘‘Customs
treatment’’ in the third sentence and
adding in its place the words ‘‘customs
treatment’’;
iv. Removing the words ‘‘Customs
office’’ and adding in its place the
words ‘‘CBP office’’; and
v. Removing the word ‘‘shall’’ each
place that it appears and adding in its
place the term ‘‘will’’;
g. Paragraph (e)(1) is amended by
removing the word ‘‘Customs’’ in each
place that it appears and adding in its
place the term ‘‘CBP’’, and by removing
the word ‘‘shall’’ and adding in its place
the word ‘‘will’’; and
h. Paragraph (e)(2) is amended by:
i. Removing the words ‘‘Customs
Form’’ each place that it appears, in its
heading and its text, and adding in its
place the words ‘‘CBP Form’’;
ii. Removing the words ‘‘Customs
officer’’ and adding in its place the
words ‘‘CBP officer’’;
iii. Removing the words ‘‘Customs
purposes’’ and adding in its place the
words ‘‘customs purposes’’;
iv. Removing the word ‘‘shall’’ in the
first sentence and adding in its place the
word ‘‘must’’; and
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Proposed Rules
v. Removing the word ‘‘shall’’ in the
second sentence and adding in its place
the word ‘‘will’’.
DEPARTMENT OF EDUCATION
§ 145.31
22. Section 145.31 is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’.
Negotiated Rulemaking Committee,
Negotiator Nominations and Schedule
of Committee Meetings—Student Loan
Programs
§ 145.35
AGENCY:
[Amended]
34 CFR Chapter VI
23. Section 145.35 is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’.
Office of Postsecondary
Education, Department of Education.
ACTION: Notice of establishment of
negotiated rulemaking committee.
§ 145.41
SUMMARY:
[Amended]
Authority: 19 U.S.C. 66, 1496, 1498, 1624.
The provisions of this part, except for subpart
C, are also issued under 19 U.S.C. 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States).
We announce our intention to
establish a negotiated rulemaking
committee to prepare proposed
regulations governing the student loan
programs authorized under title IV of
the Higher Education Act of 1965, as
amended (HEA). The committee will
include representatives of organizations
or groups with interests that are
significantly affected by the topics
proposed for negotiation. We request
nominations for individual negotiators
who represent key stakeholder
constituencies for the issues to be
negotiated to serve on the committee
and we set a schedule for committee
meetings.
*
DATES:
[Amended]
24. Section 145.41 is amended by
removing the sum ‘‘$2,000’’ and adding
in its place the sum ‘‘$2,500’’.
PART 148—PERSONAL
DECLARATIONS AND EXEMPTIONS
25. The general authority citation for
part 148 is revised and the specific
authority citations for § 148.51 and
148.64 continue to read as follows:
*
*
*
*
Sections 148.43, 148.51, 148.63, 148.64,
148.74 also issued under 19 U.S.C. 1321;
*
*
§ 148.23
*
*
*
[Amended]
26. In § 148.23:
a. Paragraph (c)(1) is amended by
removing, in its heading and in its text,
the sum ‘‘$2,000’’ and adding in its
place the sum ‘‘$2,500’’;
b. Paragraph (c)(1) is further amended
by removing, in the text, the words
‘‘Sections VII, VIII, XI, and XII; Chapter
94; and’’;
c. Paragraph (c)(2) is amended by
removing, in its heading and in its text,
the sum ‘‘$2,000’’ and adding in its
place the sum ‘‘$2,500’’; and
d. Paragraph (c)(2) is further amended
by removing the words ‘‘Sections VII,
VIII, XI, and XII; Chapter 94; and’’.
§ 148.54
[Amended]
tkelley on DSK3SPTVN1PROD with PROPOSALS
27. Section 148.54(b) is amended by
removing the sum ‘‘$250’’ and replacing
it with the sum‘‘$2,500’’.
Alan D. Bersin,
Commissioner, U.S. Customs and Border
Protection.
Approved: October 24, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011–27879 Filed 10–27–11; 8:45 am]
BILLING CODE 4810–14–P
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We must receive your
nominations for negotiators to serve on
the committee on or before November
28, 2011. The dates, times, and locations
of the committee meetings are set out in
the Schedule for Negotiations section
under SUPPLEMENTARY INFORMATION,
below.
Please send your
nominations for negotiators to Wendy
Macias, U.S. Department of Education,
1990 K Street, NW., room 8017,
Washington, DC 20006, or by fax at
(202) 502–7874. You may also email
your nominations to
Wendy.Macias@ed.gov.
ADDRESSES:
For
information about the content of this
notice, including information about the
negotiated rulemaking process or the
nomination submission process,
contact: Wendy Macias, U.S.
Department of Education, 1990 K Street,
NW., room 8017, Washington, DC
20006. Telephone: (202) 502–7526. You
may also email your questions about the
nomination submission process to:
Wendy.Macias@ed.gov.
FOR FURTHER INFORMATION CONTACT:
Note: For general information about the
negotiated rulemaking process, see The
Negotiated Rulemaking Process for Title IV
Regulations, Frequently Asked Questions at
https://www.ed.gov/policy/highered/reg/
hearulemaking/hea08/neg-reg-faq.html.
If you use a telecommunications
device for the deaf (TDD), call the
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Federal Relay Service (FRS), toll free at
1–800–877–8339.
SUPPLEMENTARY INFORMATION: On May 5,
2011, we published a notice in the
Federal Register (76 FR 25650)
announcing our intent to establish one
or more negotiated rulemaking
committees to develop proposed
regulations under the HEA. In addition,
we announced our intent to develop
these proposed regulations by following
the negotiated rulemaking procedures in
Section 492 of the HEA. The notice also
announced a series of three regional
hearings at which interested parties
could comment on the topics suggested
by the Department and suggest
additional topics for consideration for
action by the negotiating committees.
We also held four public roundtable
discussions to complement the regional
hearings. The hearings and roundtables
were held in: Nashville, Tennessee
(roundtable only); Tacoma, Washington;
Chicago, Illinois; and Charleston, South
Carolina. We invited parties to comment
and submit topics for consideration in
writing as well. Transcripts from the
regional hearings can be found at
https://www2.ed.gov/policy/highered/
reg/hearulemaking/2011/hearings.html.
Written comments may be viewed
through the Federal eRulemaking Portal
at https://www.regulations.gov.
Instructions for finding comments are
available on the site under ‘‘How to Use
Regulations.gov’’ in the Help section.
Individuals can enter docket ID ED–
2011–OPE–0003 in the ‘‘Enter Keyword
or ID’’ search box to locate the
appropriate docket.
Regulatory Issues: After consideration
of the information received at the
regional hearings, the roundtable
discussions, and in writing, we have
decided at this time to establish a
negotiating committee to address
student loan program issues. The three
programs to be addressed are: The
William D. Ford Federal Direct Loan
(Direct Loan) Program, the Federal
Family Education Loan (FFEL) Program,
and the Federal Perkins (Perkins) Loan
Program.
We list the topics the committee is
likely to address under Committee
Topics.
We intend to select negotiators for the
committee who represent the interests
significantly affected by the topics
proposed for negotiations. In so doing,
we will follow the requirement in
Section 492(b)(1) of the HEA that the
individuals selected must have
demonstrated expertise or experience in
the relevant subjects under negotiation.
We will also select individual
negotiators who reflect the diversity
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]]>Agencies
[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Proposed Rules]
[Pages 66875-66880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27879]
[[Page 66875]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 24, 102, 123, 128, 141, 143, 145, and 148
[USCBP-2011-0042]
RIN 1515-AD69
Informal Entry Limit and Removal of a Formal Entry Requirement
AGENCY: Customs and Border Protection, Department of Homeland Security;
Department of the Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend provisions in Customs and
Border Protection (CPB) regulations to increase the informal entry
limit from $2,000 to $2,500. Section 662 of the Customs Modernization
provisions of the North American Free Trade Agreement Implementation
Act raised the statutory limit by which the Secretary of the Treasury
is authorized to prescribe rules and regulations for the declaration
and entry of, among other things, imported merchandise when the
aggregate value of the shipment does not exceed an amount specified,
but not greater than $2,500. The current limit of $2000 was established
in 1998 and while that dollar amount has been unchanged, inflation over
the intervening years has reduced the value of that amount in real
terms. Consequently, CBP proposes to raise the current informal entry
amount to its maximum statutory limit in response to inflation that has
occurred and thereby to reduce the administrative burden on importers
and other entry filers. Moreover, CBP proposes to remove the language
requiring formal entry for certain articles, because with the
elimination of absolute quotas under the Agreement on Textiles and
Clothing, CBP no longer needs to require formal entries for these
articles. This document also makes non-substantive editorial and
nomenclature changes.
DATE: Comments must be received on or before December 27, 2011.
ADDRESSES: You may submit comments, identified by USCBP docket number,
by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2011-0042.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, Office of International Trade, 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 USCBP docket number for this rulemaking. All comments received will
be posted without change to https://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 https://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: Cynthia F. Whittenburg, Trade
Facilitation and Administration Division, Office of International
Trade, Customs and Border Protection, (202) 863-6512.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. Customs and Border Protection also invites comments that
relate to the economic, environmental, or federalism effects that might
result from this proposed rule. If appropriate to a specific comment,
the commenter should reference the specific portion of the proposed
rule, explain the reason for any recommended change, and include data,
information, or authority that support such recommended change.
Background
All merchandise imported into the customs territory of the United
States is subject to entry and clearance procedures. Section 484(a),
Tariff Act of 1930, as amended (19 U.S.C. 1484(a)), provides that the
``importer of record'' or his authorized agent shall: (1) Make entry
for imported merchandise by filing such documentation or information as
is necessary to enable CBP to determine whether the merchandise may be
released from CBP custody; and (2) complete the entry by filing with
CBP the declared value, classification and rate of duty applicable to
the merchandise and such other documentation or other information as is
necessary to enable CBP to properly assess duties on the merchandise
and collect accurate statistics with respect to the merchandise and
determine whether any other applicable requirement of law is met. Part
142 of the Code of Federal Regulations (19 CFR part 142) implements
section 484 of the Tariff Act, as amended, and prescribes procedures
applicable to most CBP entry transactions. These procedures are
referred to as formal entry procedures and generally involve the
completion and filing of one or more CBP forms (such as CBP Form 7501,
Entry/Entry Summary, which contains detailed information regarding the
import transaction), or their electronic equivalent, as well as the
filing of commercial documents pertaining to the transaction. As
originally enacted, section 498, Tariff Act of 1930, as amended
(subsequently codified at 19 U.S.C. 1498), authorized the Secretary of
the Treasury to prescribe rules and regulations for the declaration and
entry of, among other things, imported merchandise when the aggregate
value of the shipment did not exceed an amount specified, but not
greater than $250. Regulations implementing this aspect of section 498
of the Tariff Act, as amended, are contained in Subpart C of part 143
of the CFR (19 CFR part 143) which is entitled ``Informal Entry.''
Section 662 of the North American Free Trade Agreement Implementation
Act (Pub. L. 103-182, 107 Stat. 2057, Dec. 8, 1993) amended section 498
by increasing to $2,500 the maximum dollar amount that the Secretary
could prescribe by regulation for purposes of the declaration and entry
of merchandise.
In 1998, in accordance with 19 U.S.C. 1498, as amended, CBP raised
the informal entry limit to $2,000. Currently, part 143 of title 19 of
the CFR (19 CFR part 143) still reflects the $2,000 informal entry
limit. In this document CBP proposes to increase the informal entry
amount to its statutory maximum limit of $2,500 in response to
inflation. The informal entry procedures set forth in subpart C of part
143 are less burdensome than the formal entry procedures prescribed in
part 142 of the regulations. By increasing the limit by $500, CBP
believes that this proposed change will reduce the overall
administrative burden on importers and
[[Page 66876]]
other entry filers by expanding the availability of the simplified
informal entry procedures. In fact, CBP has determined that increasing
the informal entry limit to $2,500 will save the trade community
approximately $11 million in merchandise processing fees. Accordingly,
this document proposes to amend part 143 of the CBP regulations to
increase the informal entry limit from $2,000 to $2,500, and to amend
any other regulatory provisions that reflect the informal entry limit.
However, 19 CFR 143.22, provides that CBP may require a formal
consumption or appraisement entry for any merchandise if deemed
necessary for: (a) Import admissibility enforcement purposes, (b)
revenue protection, or (c) the efficient conduct of Customs business.
CBP also proposes to remove language stating that formal entry is
required for certain ``articles valued in excess of $250'' that are
classified in specified parts of the Harmonized Tariff Schedule of the
United States (HTSUS). We propose to remove this language because CBP
no longer needs to require formal entries for these articles due to the
elimination of absolute quotas and visa requirements for textile
articles.
Consequently, CBP proposes to remove paragraph (a) of section
102.24 of title 19 of the CFR, which requires the use of a formal entry
and visa or export license for certain shipments of textile or apparel
products due to the elimination of quotas formerly established under
the Agreement on Textiles and Clothing.
This document also proposes to amend section 143.21(c) of the CBP
regulations to correct an erroneous cross-reference.
Explanation of Proposed Amendments
This document proposes to increase the informal entry limit by
amending title 19 of the CFR part 143, which establishes the informal
entry limit, and parts 10, 24, 123, 128, 141, 145, and 148, which
reflect the current informal entry limit. Specifically, this document
proposes to replace any references made to ``$2,000'', when pertaining
to the informal entry limit, with ``$2,500''.
To eliminate the language stating that formal entry is required for
``articles valued in excess of $250'' that are classified in certain
parts of the Harmonized Tariff Schedule of the United States (HTSUS),
CBP proposes to amend title 19 of the CFR parts 141, 143, and 148.
CBP also proposes to remove paragraph (a) of section 102.24 of
title 19 of the CFR due to the elimination of visa programs for textile
and apparel imports.
CBP further proposes to amend section 143.21(c) of title 19 of the
CFR to correct an erroneous cross-reference.
In addition, this document proposes non-substantive amendments to
the CFR to reflect nomenclature changes effected by the transfer of the
agency to the Department of Homeland Security and other minor
grammatical and editorial edits.
Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget. CBP has prepared the following
analysis to help inform stakeholders of the potential impacts of this
proposed rule.
CBP requires importers to submit a completed CBP Form 7501 or its
electronic equivalent with each entry of merchandise for consumption.
Merchandise valued over $2,000 requires a formal entry--a surety bond
is required and the importer may take possession of the merchandise
before duties and taxes are assessed. Currently, merchandise valued
below $2,000 may be entered informally, with no bond requirement and
duties and taxes are assessed immediately, but may require a formal
entry at a Port Director's discretion. If finalized, this regulation
will increase the ceiling for which merchandise may qualify for an
informal entry from $2,000 to $2,500.
Unless exempt under a free trade agreement and in addition to any
duty or tax owed, merchandise requiring a formal entry is subject to a
0.21 percent ad valorem merchandise processing fee, which may be no
greater than $485 and no less than $25. Any merchandise currently
requiring a formal entry with a value of $2,000 to $2,500 is subject to
the minimum $25 merchandise processing fee. Entries considered informal
entries as a result of the change in the threshold would now be subject
to only a $2 merchandise processing fee (assuming they are filed
electronically). In FY 2009, CBP processed 476,081 formal entries that
were not subject to free trade agreements and were subject to the $25
merchandise processing fee that were valued between $2,000 and $2,500.
Consequently, raising the informal entry limited to $2,500 would result
in a loss of approximately $12 million in revenues if the $25
merchandise processing fee were not collected for these entries
(476,081 x $25 = $11.9 million). Revenues would now be approximately $1
million (476,081 x $2 = $0.95 million), thus the net loss in fees
collected would be approximately $11 million ($12 million -$1 million).
Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 603), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996.
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).
The proposed regulation, if finalized, will increase the ceiling
for informal entries from $2,000 to $2,500. Given the available data,
we are not able to estimate the number of small entities potentially
affected by this regulation because we are not able to discern whether
these informal entries were made by an individual (who would not be
considered a small business) or a commercial entity. However, given the
number of informal entries filed in FY 2009, the number of entities
affected is believed to be significant.
Our analysis, however, demonstrates that this regulation would
create a benefit through cost savings to filers of approximately $11
million a year. Thus, to the extent that this rule affects small
entities, these entities would experience a small cost savings on a
per-transaction basis. The total cost savings per entity would be based
on its annual transaction levels. Conversely, brokers may be indirectly
affected by this rule if they provide services to affected importers.
Again, indirect impacts are driven by the number of transactions. CBP
believes that this rule will not have a significant economic impact on
a substantial number of small entities. However, CBP welcomes any
comments regarding this assessment.
[[Page 66877]]
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 OMB. The
collection of information on the Entry Summary and Informal Entry are
approved by OMB under collection 1651-0022.
Comments on the collection of information should be sent to the
Office of Management and Budget, Attention: Desk Officer of the
Department of Homeland Security, Customs and Border Protection, Office
of Information and Regulatory Affairs, Washington, DC 20503. A copy
should also be sent to the Trade and Commercial Regulations Branch,
Office of International Trade, U.S Customs and Border Protection, 799
9th Street NW., (Mint Annex), Washington, DC 20229-1179. Comments
should be submitted within the time frame that comments are due
regarding the substance of the proposal.
Signing Authority
This proposed regulation is being issued in accordance with 19 CFR
0.1(a)(1) pertaining to the Secretary of the Treasury's authority (or
that of his delegate) to approve regulations related to certain customs
revenue functions.
List of Subjects
19 CFR Part 10
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 24
Customs duties and inspection, Reporting and recordkeeping
requirements, Taxes.
19 CFR Part 102
Canada, Customs duties and inspection, Imports, Mexico, Reporting
and recordkeeping requirements, Trade agreements.
19 CFR Part 123
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 128
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 141
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 143
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 145
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 148
Customs duties and inspection, Reporting and recordkeeping
requirements, Taxes.
Proposed Amendments to the CBP Regulations
For the reasons set forth in the preamble, parts 10, 24, 102, 123,
128, 141, 143, 145, and 148 of title 19 of the CFR (19 CFR parts 10,
24, 102, 123, 128, 141, 143, 145, and 148) are proposed to be amended
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 as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624, 3314.
* * * * *
Sec. 10.1 [Amended]
2. In Sec. 10.1:
a. Introductory paragraph (a) is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the sum ``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a)(1) is amended by removing the first two numerals
of the year ``19------'' and adding in its place the numerals ``20----
--'';
c. Paragraph (a)(2) is amended by removing the word ``shall'' and
adding in its place the word ``must'';
d. Paragraph (b) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
e. Paragraph (e) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
f. Paragraph (f) is amended by removing the word ``shall'' each
place that it appears and adding in its place the word ``must'';
g. Paragraph (g)(1) is amended by:
i. Removing the word ``Customs'' each place that it appears and
adding in its place the term ``CBP'';
ii. Removing the word ``shall'' the first time that it appears and
adding in its place the word ``must''; and
iii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``will'';
h. Paragraph (g)(2) is amended by removing the word ``shall'' and
adding in its place the word ``must'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
i. Paragraph (g)(3) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``will'';
j. Paragraph (h)(1) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and removing the word ``shall'' each place that it appears and adding
in its place the word ``must'';
k. Paragraph (h)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
l. Paragraph (h)(3) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and removing the word ``shall'' and adding in its place the word
``must'';
m. Introductory paragraph (h)(4) is amended by removing the word
``shall'' and adding in its place the word ``must'';
n. Paragraph (h)(5) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``will'';
o. Paragraph (h)(5)(i) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' each place that it appears and
adding in its place the word ``must''; and
p. Paragraph (j)(2) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' each place that it appears and
adding in its place the word ``must''.
PART 24--CUSTOMS AND FINANCIAL ACCOUNTING PROCEDURE
3. The general authority citations for part 24 is revised and the
specific authority citation for Sec. 24.23 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
[[Page 66878]]
Section 24.23 also issued under 19 U.S.C. 3332;
* * * * *
Sec. 24.23 [Amended]
4. In Sec. 24.23:
a. The introductory paragraph (a)(4) is amended by removing the
word ``shall'' and adding in its place the word ``must'';
b. Paragraph (b)(1)(i)(A) is amended by removing the sum ``$2,000''
and adding in its place the sum ``$2,500'';
c. Paragraph (b)(1)(i)(B) is amended by removing the word ``shall''
each place that it appears and adding in its place the word ``must'';
d. Paragraph (b)(1)(ii) is amended by removing the word ``shall''
each place that it appears and adding in its place the word ``will'';
e. Paragraph (b)(3) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
f. Paragraph (b)(4) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
g. Paragraph (c)(1) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
h. Paragraph (c)(2)(i) and (ii) are amended by removing the word
``shall'' and adding in its place the word ``will'';
i. Paragraph (c)(3) is amended by removing the word ``shall'' each
place that it appears and adding in its place the word ``will'';
j. Paragraph (c)(4) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
k. Paragraph (c)(5) is amended by:
i. Removing the word ``shall'' and adding in its place the word
``will'';
ii. Removing the word ``Custons'' and adding in its place the word
``Customs'';
l. Paragraph (d)(1) is amended by:
i. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
ii. Removing the word ``shall'' and adding in its place the word
``must'';
m. Paragraph (d)(2) is amended by:
i. Removing the word ``shall'' in the first sentence and adding in
its place the word ``must'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``will'';
n. Paragraph (e)(1) is amended by removing the word ``Customs'', in
its heading and in its text, each place that it appears and adding in
its place the word ``customs'', and by removing the word ``shall'' each
place that it appears and adding in its place the word ``will''; and
o. Paragraph (e)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the word ``customs''.
PART 102--RULES OF ORIGIN
5. The general authority citation for part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 3314, 3592.
* * * * *
Sec. 102.24 [Amended]
6. Section 102.24 is amended by removing paragraph (a), the
paragraph designation ``(b)'', and the paragraph (b) subject heading.
* * * * *
PART 123--CBP RELATIONS WITH CANADA AND MEXICO
7. The general authority citation for part 123 and the specific
authority citations for Sec. 123.4 continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436,
1448, 1624, 2071 note.
* * * * *
Section 123.4 also issued under 19 U.S.C. 1484, 1498;
* * * * *
Sec. 123.4 [Amended]
8. In Sec. 123.4:
a. The introductory paragraph is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the word ``Customs'' and adding in its place the term ``CBP'';
b. Paragraph (a) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
c. Paragraph (b) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'', and removing the word
``Customs'' each place that it appears and adding in its place the term
``CBP'';
d. Paragraph (c) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP''; and
e. Paragraph (d) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``must''.
Sec. 123.92 [Amended]
9. In Sec. 123.92:
a. Paragraph (b)(2)(i) is amended by removing the words ``Customs
Form (CF)'' and adding in its place the term ``CBP Form'';
b. Paragraph (b)(2)(ii) is amended by removing the sum ``$2,000''
and adding in its place the sum ``$2,500'', and by removing the term
``CF'' and adding in its place the words ``CBP Form'';
c. Paragraph (b)(2)(iii) is amended by removing the term ``CF'' and
adding in its place the words ``CBP Form''; and
d. Paragraph (c)(2) is amended by removing the term ``Customs'' and
adding in its place the word ``customs''.
PART 128--EXPRESS CONSIGNMENTS
10. The general authority citation for part 128 continues to read
as follows:
Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1321, 1484, 1498,
1551, 1555, 1556, 1565, 1624.
* * * * *
Sec. 128.24 [Amended]
11. In Sec. 128.24:
a. Paragraph (a) is amended by removing the sum ``$2,000'' each
place that it appears and adding in its place the sum ``$2,500'';
b. Paragraph (b) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and by removing the word
``shall'' and adding in its place the word ``must'';
c. Paragraph (c) is amended by removing the word ``Customs'' each
place that it appears and adding in its place the term ``CBP'', and by
removing the word ``shall'' each place that it appears and adding in
its place the word ``must'';
d. Paragraph (d) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP''; and
e. Paragraph (e) is amended by removing, in the text, the word
``shall'' and adding in its place the word ``will''.
PART 141--ENTRY OF MERCHANDISE
12. The general authority citation for part 141 is revised to read
as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1498, 1624.
* * * * *
Sec. 141.82 [Amended]
13. In Sec. 141.82:
a. Paragraphs (b) and (c) are amended by removing the word
``shall'' each place that it appears and adding in its place the word
``must''; and
b. Paragraph (d) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the words ``Sections VII, VIII, XI, and XII; Chapter
94; and''; and
iii. Adding the symbol '')'' after the word ``States''.
[[Page 66879]]
PART 143--SPECIAL ENTRY PROCEDURES
14. The general authority citation for part 143 is revised to read
as follows:
Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624,
1641.
* * * * *
Sec. 143.21 [Amended]
15. In Sec. 143.21:
a. Paragraphs (a) and (b) are amended by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a) is further amended by removing the words
``Sections VII, VIII, XI, and XII; Chapter 94 and'';
c. Paragraph (c) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the citation ``Sec. 141.51'' and adding in its place
the citation ``Sec. 141.52''; and
iii. Removing the words ``subheadings from Sections VII, VIII, XI,
and XII; or in Chapter 94 and'';
d. Paragraphs (f) and (g) are amended by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
e. Paragraph (j) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
Sec. 143.22 [Amended]
16. Section 143.22 is amended by removing the word ``Customs'' and
adding in its place the word ``customs'', and by removing the sum
``$2,000'' and adding in its place the sum ``$2,500''.
Sec. 143.23 [Amended]
17. In Sec. 143.23:
a. The introductory paragraph is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the word ``Customs'' each time it appears and adding in its place the
term ``CBP'';
b. Paragraphs (b) and (c) are amended by removing the word
``Customs'' and adding in its place the term ``CBP'';
c. Paragraph (d) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the words ``Sections VII, VIII, XI, and XII; Chapter
94; and'';
d. Paragraph (e) is amended by removing the word ``can'' and adding
in its place the word ``may'';
e. Paragraphs (f), (g), and (h) are amended by removing the word
``Customs'' each time it appears and adding in its place the term
``CBP''; and
f. Paragraph (i) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
Sec. 143.26 [Amended]
18. In Sec. 143.26:
a. Paragraph (a) is amended by removing, in its heading and in its
text, the sum ``$2,000'' each place that it appears and adding in its
place the sum ``$2,500''; and
b. Paragraph (b) is amended by removing the space between
``appropriatel'' and ``y'' to read ``appropriately'', and by removing
the word ``Customs'' and adding in its place the word ``customs''.
PART 145--MAIL IMPORTATIONS
19. The general authority citation for part 145 and the specific
authority citations for Sec. Sec. 145.4, 145.12, 145.31, 145.35,
145.41 continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Notice 3(i), Harmonized
Tariff Schedule of the United States), 1624.
* * * * *
Section 145.4 also issued under 18 U.S.C. 545, 19 U.S.C. 1618;
* * * * *
Section 145.12 also issued under 19 U.S.C. 1315, 1484, 1498;
* * * * *
Section 145.31 also issued under 19 U.S.C. 1321;
Section 145.35 through 145.38, 145.41, also issued under 19
U.S.C. 1498;
* * * * *
Sec. 145.4 [Amended]
20. In Sec. 145.4:
a. Paragraph (a) is amended by removing the word ``Customs'' the
first time it appears and adding in its place the term ``CBP'', and by
removing the word ``Customs'' the second time it appears and adding in
its place the word ``customs''; and
b. Paragraph (c) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the word ``shall'' and adding in its place the word
``must''.
Sec. 145.12 [Amended]
21. In Sec. 145.12:
a. Paragraph (a)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a)(3) is amended by:
i. Removing the sum ``$2,000'' each place that it appears and
adding in its place the sum ``$2,500'';
ii. Removing the word ``Customs'' the first time that it appears
and adding in its place the term ``CBP'';
iii. Removing the word ``Customs'' the second time that it appears
and adding in its place the word ``customs''; and
iv. Removing the words ``shall not'' and adding in its place the
word ``cannot'';
c. Paragraph (a)(4) is amended by:
i. Removing the word ``shall'' in the first and second sentence and
adding in its place the word ``will'';
ii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``must''; and
iii. Removing the word ``Customs'' and adding in its place the term
``CBP'', and adding the word, ``customs'' before the word, ``station'';
d. Paragraph (b)(1) is amended by:
i. Removing the word ``Customs'' each place that it appears and
adding in its place the term ``CBP'';
ii. Removing the word ``shall'' each place that it appears and
adding in its place the word ``will'';
iii. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500''; and
iv. Removing the word ``shall'' and adding in its place the word
``will'';
e. Paragraph (b)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
f. Paragraph (c) is amended by:
i. Removing, in its heading and in its text, the sum ``$2,000'' and
adding in its place the sum $2,500'';
ii. Removing the word ``Customs'' each place that it appears in the
first sentence and adding in its place the term ``CBP'';
iii. Removing the words ``Customs treatment'' in the third sentence
and adding in its place the words ``customs treatment'';
iv. Removing the words ``Customs office'' and adding in its place
the words ``CBP office''; and
v. Removing the word ``shall'' each place that it appears and
adding in its place the term ``will'';
g. Paragraph (e)(1) is amended by removing the word ``Customs'' in
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' and adding in its place the word
``will''; and
h. Paragraph (e)(2) is amended by:
i. Removing the words ``Customs Form'' each place that it appears,
in its heading and its text, and adding in its place the words ``CBP
Form'';
ii. Removing the words ``Customs officer'' and adding in its place
the words ``CBP officer'';
iii. Removing the words ``Customs purposes'' and adding in its
place the words ``customs purposes'';
iv. Removing the word ``shall'' in the first sentence and adding in
its place the word ``must''; and
[[Page 66880]]
v. Removing the word ``shall'' in the second sentence and adding in
its place the word ``will''.
Sec. 145.31 [Amended]
22. Section 145.31 is amended by removing the word ``shall'' and
adding in its place the word ``will''.
Sec. 145.35 [Amended]
23. Section 145.35 is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
Sec. 145.41 [Amended]
24. Section 145.41 is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS
25. The general authority citation for part 148 is revised and the
specific authority citations for Sec. 148.51 and 148.64 continue to
read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of
this part, except for subpart C, are also issued under 19 U.S.C.
1202 (General Note 3(i), Harmonized Tariff Schedule of the United
States).
* * * * *
Sections 148.43, 148.51, 148.63, 148.64, 148.74 also issued
under 19 U.S.C. 1321;
* * * * *
Sec. 148.23 [Amended]
26. In Sec. 148.23:
a. Paragraph (c)(1) is amended by removing, in its heading and in
its text, the sum ``$2,000'' and adding in its place the sum
``$2,500'';
b. Paragraph (c)(1) is further amended by removing, in the text,
the words ``Sections VII, VIII, XI, and XII; Chapter 94; and'';
c. Paragraph (c)(2) is amended by removing, in its heading and in
its text, the sum ``$2,000'' and adding in its place the sum
``$2,500''; and
d. Paragraph (c)(2) is further amended by removing the words
``Sections VII, VIII, XI, and XII; Chapter 94; and''.
Sec. 148.54 [Amended]
27. Section 148.54(b) is amended by removing the sum ``$250'' and
replacing it with the sum``$2,500''.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
Approved: October 24, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-27879 Filed 10-27-11; 8:45 am]
BILLING CODE 4810-14-P
