United States-Colombia Trade Promotion Agreement, 60191-60193 [2013-23837]
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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
(2) For Model AS332C, AS332L, AS332L1,
and AS332L2 helicopters, before further
flight and thereafter at intervals not to exceed
10 hours time-in-service (TIS), eddy current
inspect the shaft for a crack in the area of the
weld, which must be done by a Level II or
Level III inspector certified in the eddy
current fault detection method in the
Aeronautics Sector according to the EN4179
or NAS410 standard.
(3) For Model EC225LP, either do
paragraphs (3)(i) and (3)(ii) or do paragraph
(3)(iii).
(i) Before further flight, install a placard in
full view of the pilot with the following
statement in red, 6 millimeter letters on a
white background: ‘‘MAXIMUM
CONTINUOUS TORQUE LIMITED TO 70%
DURING LEVEL FLIGHTS AT IAS EQUAL
TO OR MORE THAN 60 KTS,’’ and
(ii) Before further flight and thereafter at
intervals not to exceed 11.5 hours TIS,
remove the main jet and emergency spraying
jet, and ultrasonic inspect the shaft in the
weld area for a crack, which must be done
by a Level II or Level III inspector certified
in the eddy current fault detection method in
the Aeronautics Sector according to the
EN4179 or NAS410 standard, or
(iii) Before further flight, and thereafter at
intervals not to exceed 8 hours TIS, remove
the main jet and emergency spraying jet, and
ultrasonic inspect the shaft for a crack in the
area of the weld, which must be done by a
Level II or Level III operator certified in the
ultrasonic fault detection method in the
Aeronautics Sector according to the EN4179
or NAS410 standard.
(4) If there is a crack, before further flight,
replace the shaft with an airworthy part.
wreier-aviles on DSK5TPTVN1PROD with RULES
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to Rao Edupuganti,
Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
76137; telephone (817) 222–5110; email
rao.edupuganti@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(g) Additional Information
(1) Eurocopter Alert Service Bulletin (ASB)
No. AS332–01.00.82 and ASB No. EC225–
04A009, both Revision 3, both dated July 8,
2013, which are not incorporated by
reference, contain additional information
about the subject of this AD. For service
information identified in this AD, contact
American Eurocopter Corporation, 2701 N.
Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–0323;
fax (972) 641–3775; or at https://
www.eurocopter.com/techpub. You may
review a copy of the service information at
the FAA, Office of the Regional Counsel,
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Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2013–0138R1, dated July 15, 2013. You
may view the EASA AD at https://
www.regulations.gov by searching for and
locating it in the Docket for this AD.
(h) Subject
Joint Aircraft Service Component (JASC)
Code: 6320 Main rotor gearbox.
Issued in Fort Worth, Texas, on September
9, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2013–23580 Filed 9–30–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 24, 162, 163, and 178
[USCBP–2012–0017; CBP Dec. 13–16]
RIN 1515–AD88
United States-Colombia Trade
Promotion Agreement
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
This document adopts as a
final rule, with some changes, interim
amendments to the U.S. Customs and
Border Protection (CBP) regulations
which were published in the Federal
Register on September 26, 2012, as CBP
Dec. 12–16, to implement the
preferential tariff treatment and other
customs-related provisions of the
United States-Colombia Trade
Promotion Agreement.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Textile Operational Aspects: Jacqueline
Sprungle, Trade Policy and Programs,
Office of International Trade, (202) 863–
6517.
Other Operational Aspects: Katrina
Chang, Trade Policy and Programs,
Office of International Trade, (202) 863–
6532.
Legal Aspects: Karen Greene,
Regulations and Rulings, Office of
International Trade, (202) 325–0041.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 22, 2006, the United
States and Colombia signed the United
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60191
States-Colombia Trade Promotion
Agreement (‘‘CTPA’’ or ‘‘Agreement’’),
and on June 28, 2007, the Parties signed
a protocol amending the Agreement. On
October 21, 2011, the President signed
into law the United States-Colombia
Trade Promotion Agreement
Implementation Act (the ‘‘Act’’), Public
Law 112–42, 125 Stat. 462 (19 U.S.C.
3805 note), which approved and made
statutory changes to implement the
CTPA.
On September 26, 2012, CBP
published CBP Dec. 12–16 in the
Federal Register (77 FR 59064) setting
forth interim amendments to implement
the preferential tariff treatment and
other customs-related provisions of the
CTPA and the Act. Please refer to those
documents for further background
information.
The majority of the CTPA
implementing regulations set forth in
CBP Dec. 12–16 and adopted as final in
this document have been included
within Subpart T of Part 10 of the CBP
regulations (19 CFR Part 10). However,
in those cases in which CTPA
implementation is more appropriate in
the context of an existing regulatory
provision, the CTPA regulatory text has
been incorporated into an existing Part
within the CBP regulations. CBP Dec.
12–16 also sets forth a number of crossreferences and other consequential
changes to existing regulatory
provisions to clarify the relationship
between those existing provisions and
the new CTPA implementing
regulations.
Although the interim regulatory
amendments were promulgated without
prior public notice and comment
procedures and took effect on
September 26, 2012, CBP Dec. 12–16
provided for the submission of public
comments which would be considered
before adoption of the interim
regulations as a final rule. The
prescribed public comment closed on
November 26, 2012. CBP received no
comments on CBP Dec. 12–16.
Conclusion
After further review of the matter, and
in light of the fact that no comments
were submitted in response to CBP’s
solicitation of public comment, CBP has
determined to adopt as final, with the
changes described below, the interim
rule published in the Federal Register
(77 FR 59064) on September 26, 2012.
The changes in this document are set
forth below:
• Amend § 10.3007(a) to clarify, as
per Article 4.17.2 of the CTPA, that an
importer that claims preferential tariff
treatment for a good imported into the
United States under § 10.3003(b), based
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60192
Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
on either the importer’s certification or
its knowledge, must maintain, for a
minimum of five years after the date of
importation of the good, all records and
documents ‘‘necessary’’ to demonstrate
that the good qualifies for preferential
tariff treatment under the CTPA. An
importer claiming preferential tariff
treatment for a good imported into the
United States under § 10.3003(b) based
on the certification issued by the
exporter or producer must maintain, for
a minimum of five years after the date
of importation of the good, the
certification issued by the exporter or
producer.
• Amend § 10.3011(a) to clarify that a
post-importation claim may be filed by
paper or by the method specified for
equivalent reporting via an authorized
electronic data interchange system;
• Amend § 10.3013(b)(1), which
incorrectly lists subheading 8704.10
twice. The first reference to that
subheading should, instead, refer to
subheading 8702.10, HTSUS, as per
section 203(n)(2)(A) of the Act;
• Amend § 10.3016(a) to clarify the
rules for determining the value of a
material for purposes of calculating the
regional value content of a good as well
as for purposes of applying the de
minimis rules, by removing the
exception language pertaining to
§ 10.3024;
• Amend § 10.3016(c)(1)(i) by
removing the parenthetical text
pertaining to ‘‘cost of freight,’’ as section
203(d)(2)(A) of the Act does not contain
that language;
• Amend § 10.3027 by redesignating
existing paragraph (c) as paragraph (d)
and existing paragraph (d) as paragraph
(c) to better reflect the order of the
actions CBP will take, depending on the
findings during and upon completion of
the verification, and by replacing the
word ‘‘Assistance’’ with the word
‘‘Action’’ in the heading text to existing
paragraph (d), to reflect section 208 of
the Act; and
• Amend § 10.3034(a) by adding a
clarifying sentence, as per Article
2.6.3(b) of the CTPA, which states that
the term ‘‘repairs or alterations’’ does
not include an operation or process that
transforms an unfinished good into a
finished good.
Lastly, although this does not concern
a correction to the regulatory text of
Subpart T, it is noted that reference in
the interim rule’s preamble (77 FR
59065) to ‘‘Subchapter XXI’’ of Chapter
99 of the Harmonized Tariff Schedule of
the United States (HTSUS) is incorrect
and should, instead, read, ‘‘Subchapter
XVIII’’ to Chapter 99, HTSUS.
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Executive Order 12866
This document is not a regulation
subject to the provisions of Executive
Order 12866 of September 30, 1993 (58
FR 51735, October 1993), because it
pertains to a foreign affairs function of
the United States and implements an
international agreement, as described
above, and therefore is specifically
exempted by section 3(d)(2) of
Executive Order 12866.
Regulatory Flexibility Act
Paperwork Reduction Act
The collections of information
contained in these regulations have
previously been reviewed and approved
by the Office of Management and
Budget in accordance with the
requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) under
control number 1651–0117, which
covers many of the free trade agreement
requirements that CBP administers, and
1651–0076, which covers general
recordkeeping requirements. The
collections of information in these
regulations are in §§ 10.3003, 10.3004,
and 10.3007. This information is
required in connection with claims for
preferential tariff treatment under the
CTPA and the Act and will be used by
CBP to determine eligibility for tariff
preference under the CTPA and the Act.
The likely respondents are business
organizations including importers,
exporters and manufacturers.
The estimated average annual burden
associated with the collection of
information in this final rule is 0.2
hours per respondent or recordkeeper.
Comments concerning the accuracy of
this burden estimate and suggestions for
reducing this burden should be directed
to the Office of Management and
Budget, Attention: Desk Officer for the
Department of the Treasury, Office of
Information and Regulatory Affairs,
Washington, DC 20503. A copy should
also be sent to the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
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Signing Authority
This document is being issued in
accordance with § 0.1(a)(1) of the CBP
regulations (19 CFR 0.1(a)(1)) pertaining
to the authority of the Secretary of the
Treasury (or his/her delegate) to
approve regulations related to certain
CBP revenue functions.
List of Subjects
CBP Dec. 12–16 was issued as an
interim rule rather than a notice of
proposed rulemaking because CBP had
determined that the interim regulations
involve a foreign affairs function of the
United States pursuant to § 553(a)(1) of
the Administrative Procedure Act
(APA). Because no notice of proposed
rulemaking was required, the provisions
of the Regulatory Flexibility Act, as
amended (5 U.S.C. 601 et seq.), do not
apply. Accordingly, this final rule is not
subject to the regulatory analysis
requirements or other requirements of 5
U.S.C. 603 and 604.
PO 00000
International Trade, U.S. Customs and
Border Protection, 90 K Street NE., 10th
Floor, Washington, DC 20229–1177.
19 CFR Part 10
Alterations, Bonds, Customs duties
and inspection, Exports, Imports,
Preference programs, Repairs, Reporting
and recordkeeping requirements, Trade
agreements.
19 CFR Part 24
Accounting, Customs duties and
inspection, Financial and accounting
procedures, Reporting and
recordkeeping requirements, Trade
agreements, User fees.
19 CFR Part 162
Administrative practice and
procedure, Customs duties and
inspection, Penalties, Trade agreements.
19 CFR Part 163
Administrative practice and
procedure, Customs duties and
inspection, Exports, Imports, Reporting
and recordkeeping requirements, Trade
agreements.
19 CFR Part 178
Administrative practice and
procedure, Exports, Imports, Reporting
and recordkeeping requirements.
Amendments to the CBP Regulations
Accordingly, the interim rule
amending Parts 10, 24, 162, 163, and
178 of the CBP regulations (19 CFR Parts
10, 24, 162, 163, and 178), which was
published at 77 FR 59064 on September
26, 2012, is adopted as a final rule with
the following changes:
PART 10—ARTICLES CONDITIONALLY
FREE, SUBJECT TO A REDUCED
RATE, ETC.
1. The general authority citation for
part 10 continues to read, and the
specific authority for new Subpart T is
added, to read as follows:
■
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314.
*
*
*
*
*
Sections 10.3001 through 10.3034 also
issued under 19 U.S.C. 1202 (General Note
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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
34, HTSUS), 19 U.S.C. 1520(d), and Pub. L.
112–42, 125 Stat. 462 (19 U.S.C. 3805 note).
2. Section 10.3007(a) is revised to read
as follows:
■
§ 10.3007
Maintenance of records.
(a) General. An importer claiming
preferential tariff treatment for a good
imported into the United States under
§ 10.3003(b) based on either the
importer’s certification or its knowledge
must maintain, for a minimum of five
years after the date of importation of the
good, all records and documents
necessary to demonstrate that the good
qualifies for preferential tariff treatment
under the CTPA. An importer claiming
preferential tariff treatment for a good
imported into the United States under
§ 10.3003(b) based on the certification
issued by the exporter or producer must
maintain, for a minimum of five years
after the date of importation of the good,
the certification issued by the exporter
or producer. These records are in
addition to any other records that the
importer is required to prepare,
maintain, or make available to CBP
under Part 163 of this chapter.
*
*
*
*
*
■ 3. In § 10.3011, paragraph (a) is
amended by adding a sentence to the
end to read as follows:
§ 10.3011
Filing procedures.
(a) * * * The post-importation claim
may be filed by paper or by the method
specified for equivalent reporting via an
authorized electronic data interchange
system.
*
*
*
*
*
§ 10.3013
[Amended]
4. Section 10.3013(b)(1) is amended
by removing the language, ‘‘under
8704.10’’ and adding in its place the
language, ‘‘under 8702.10’’.
■
§ 10.3016
[Amended]
5. In § 10.3016:
a. Paragraph (a) introductory text is
amended by removing the language,
‘‘Except as provided for in § 10.3024,
for’’ and adding in its place the word,
‘‘For’’; and
■ b. Paragraph (c)(1)(i) is amended by
removing the language, ‘‘(‘‘cost of
freight’’ includes the costs of all types
of freight, including in-land freight
incurred within a Party’s territory,
regardless of the mode of
transportation)’’.
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■
■
§ 10.3027
[Amended]
6. In § 10.3027:
a. Paragraph (c) is redesignated as
paragraph (d) and paragraph (d) is
redesignated as paragraph (c); and
■
■
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b. The heading for newly redesignated
paragraph (c) is amended by removing
the word ‘‘Assistance’’ and adding in its
place the word ‘‘Action’’.
■ 7. In § 10.3034, paragraph (a) is
amended by adding a sentence to the
end to read as follows:
■
§ 10.3034 Goods re-entered after repair or
alteration in Colombia.
(a) * * * The term ‘repairs or
alterations’ does not include an
operation or process that transforms an
unfinished good into a finished good.
Thomas S. Winkowski,
Acting Commissioner.
Approved: September 25, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013–23837 Filed 9–30–13; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 3282
[Docket No. FR–5238–F–02]
RIN 2502–AI84
Manufactured Housing: Revision of
Notification, Correction, and
Procedural Regulations
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Final rule.
AGENCY:
This final rule amends HUD
regulations that establish procedures for
manufacturers and others to address
reports of problems with manufactured
homes. These ‘‘Subpart I’’ regulations
establish a system of protections with
respect to imminent safety hazards and
violations of the federal construction
and safety standards, assuring a
minimum of formality and delay, while
protecting the rights of all parties. This
final rule establishes the procedures that
manufacturers, retailers, distributors,
State Administrative Agencies (SAAs),
and primary inspection agencies (PIAs),
are required to follow to assure that
notification and correction are provided
with respect to manufactured homes,
when required.
DATES: Effective March 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Henry S. Czauski, Acting Deputy
Administrator, Office of Manufactured
Housing Programs, Office of housing,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 9164, Washington, DC 20410;
telephone number 202–708–6409 (this
SUMMARY:
PO 00000
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60193
is not a toll-free number). Persons with
hearing or speech impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339 (this is a toll free number).
SUPPLEMENTARY INFORMATION: This final
rule follows publication of a February
15, 2011, proposed rule and takes into
consideration the public comments
received on the proposed rule. After
careful consideration of the issues
raised by the commenters and further
consideration of the issues by HUD, this
final rule makes some changes to the
February 15, 2011, proposed rule.
I. Background
The National Manufactured Housing
Construction and Safety Standards Act
of 1974 (42 U.S.C. 5401–5426) (the Act)
authorizes HUD to establish the Federal
Manufactured Home Construction and
Safety Standards (Construction and
Safety Standards), codified in 24 CFR
part 3280. Section 615 of the Act
provides that manufacturers of
manufactured homes furnish
notification of any defect in any
manufactured home produced by such
manufacturer that fails to conform to the
Construction and Safety Standards or
which constitutes an imminent safety
hazard to the purchaser of such
manufactured home. HUD’s procedural
and enforcement provisions published
at 24 CFR part 3282, subpart I (Subpart
I), implement these requirements and
have, since their promulgation in 1976,
been a major component of HUD’s
manufactured housing regulations.
These provisions establish the system
for manufacturers and retailers to assure
that factory-built homes sold to
consumers after having been
manufactured pursuant to a federal
building code provide at least the
protections that are built into the
construction and safety standards in
that building code. Because the federal
building code preempts a multiplicity of
state and local building codes that
would otherwise apply to the
construction of such homes,
manufacturers, distributors, retailers,
and regulators are charged with
particular responsibilities designed to
protect both the purchasers of these
homes and the general public. The
regulations in Subpart I seek to balance
the interests of all persons who have a
stake in the future of quality, affordable
manufactured housing.
As the manufactured housing
industry has evolved from
manufacturing largely single-section
homes to today’s multiple-section
homes that can be creatively and
aesthetically configured and finished,
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]]>Agencies
[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60191-60193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23837]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 24, 162, 163, and 178
[USCBP-2012-0017; CBP Dec. 13-16]
RIN 1515-AD88
United States-Colombia Trade Promotion Agreement
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts as a final rule, with some changes,
interim amendments to the U.S. Customs and Border Protection (CBP)
regulations which were published in the Federal Register on September
26, 2012, as CBP Dec. 12-16, to implement the preferential tariff
treatment and other customs-related provisions of the United States-
Colombia Trade Promotion Agreement.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Textile Operational Aspects:
Jacqueline Sprungle, Trade Policy and Programs, Office of International
Trade, (202) 863-6517.
Other Operational Aspects: Katrina Chang, Trade Policy and
Programs, Office of International Trade, (202) 863-6532.
Legal Aspects: Karen Greene, Regulations and Rulings, Office of
International Trade, (202) 325-0041.
SUPPLEMENTARY INFORMATION:
Background
On November 22, 2006, the United States and Colombia signed the
United States-Colombia Trade Promotion Agreement (``CTPA'' or
``Agreement''), and on June 28, 2007, the Parties signed a protocol
amending the Agreement. On October 21, 2011, the President signed into
law the United States-Colombia Trade Promotion Agreement Implementation
Act (the ``Act''), Public Law 112-42, 125 Stat. 462 (19 U.S.C. 3805
note), which approved and made statutory changes to implement the CTPA.
On September 26, 2012, CBP published CBP Dec. 12-16 in the Federal
Register (77 FR 59064) setting forth interim amendments to implement
the preferential tariff treatment and other customs-related provisions
of the CTPA and the Act. Please refer to those documents for further
background information.
The majority of the CTPA implementing regulations set forth in CBP
Dec. 12-16 and adopted as final in this document have been included
within Subpart T of Part 10 of the CBP regulations (19 CFR Part 10).
However, in those cases in which CTPA implementation is more
appropriate in the context of an existing regulatory provision, the
CTPA regulatory text has been incorporated into an existing Part within
the CBP regulations. CBP Dec. 12-16 also sets forth a number of cross-
references and other consequential changes to existing regulatory
provisions to clarify the relationship between those existing
provisions and the new CTPA implementing regulations.
Although the interim regulatory amendments were promulgated without
prior public notice and comment procedures and took effect on September
26, 2012, CBP Dec. 12-16 provided for the submission of public comments
which would be considered before adoption of the interim regulations as
a final rule. The prescribed public comment closed on November 26,
2012. CBP received no comments on CBP Dec. 12-16.
Conclusion
After further review of the matter, and in light of the fact that
no comments were submitted in response to CBP's solicitation of public
comment, CBP has determined to adopt as final, with the changes
described below, the interim rule published in the Federal Register (77
FR 59064) on September 26, 2012.
The changes in this document are set forth below:
Amend Sec. 10.3007(a) to clarify, as per Article 4.17.2
of the CTPA, that an importer that claims preferential tariff treatment
for a good imported into the United States under Sec. 10.3003(b),
based
[[Page 60192]]
on either the importer's certification or its knowledge, must maintain,
for a minimum of five years after the date of importation of the good,
all records and documents ``necessary'' to demonstrate that the good
qualifies for preferential tariff treatment under the CTPA. An importer
claiming preferential tariff treatment for a good imported into the
United States under Sec. 10.3003(b) based on the certification issued
by the exporter or producer must maintain, for a minimum of five years
after the date of importation of the good, the certification issued by
the exporter or producer.
Amend Sec. 10.3011(a) to clarify that a post-importation
claim may be filed by paper or by the method specified for equivalent
reporting via an authorized electronic data interchange system;
Amend Sec. 10.3013(b)(1), which incorrectly lists
subheading 8704.10 twice. The first reference to that subheading
should, instead, refer to subheading 8702.10, HTSUS, as per section
203(n)(2)(A) of the Act;
Amend Sec. 10.3016(a) to clarify the rules for
determining the value of a material for purposes of calculating the
regional value content of a good as well as for purposes of applying
the de minimis rules, by removing the exception language pertaining to
Sec. 10.3024;
Amend Sec. 10.3016(c)(1)(i) by removing the parenthetical
text pertaining to ``cost of freight,'' as section 203(d)(2)(A) of the
Act does not contain that language;
Amend Sec. 10.3027 by redesignating existing paragraph
(c) as paragraph (d) and existing paragraph (d) as paragraph (c) to
better reflect the order of the actions CBP will take, depending on the
findings during and upon completion of the verification, and by
replacing the word ``Assistance'' with the word ``Action'' in the
heading text to existing paragraph (d), to reflect section 208 of the
Act; and
Amend Sec. 10.3034(a) by adding a clarifying sentence, as
per Article 2.6.3(b) of the CTPA, which states that the term ``repairs
or alterations'' does not include an operation or process that
transforms an unfinished good into a finished good.
Lastly, although this does not concern a correction to the
regulatory text of Subpart T, it is noted that reference in the interim
rule's preamble (77 FR 59065) to ``Subchapter XXI'' of Chapter 99 of
the Harmonized Tariff Schedule of the United States (HTSUS) is
incorrect and should, instead, read, ``Subchapter XVIII'' to Chapter
99, HTSUS.
Executive Order 12866
This document is not a regulation subject to the provisions of
Executive Order 12866 of September 30, 1993 (58 FR 51735, October
1993), because it pertains to a foreign affairs function of the United
States and implements an international agreement, as described above,
and therefore is specifically exempted by section 3(d)(2) of Executive
Order 12866.
Regulatory Flexibility Act
CBP Dec. 12-16 was issued as an interim rule rather than a notice
of proposed rulemaking because CBP had determined that the interim
regulations involve a foreign affairs function of the United States
pursuant to Sec. 553(a)(1) of the Administrative Procedure Act (APA).
Because no notice of proposed rulemaking was required, the provisions
of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.),
do not apply. Accordingly, this final rule is not subject to the
regulatory analysis requirements or other requirements of 5 U.S.C. 603
and 604.
Paperwork Reduction Act
The collections of information contained in these regulations have
previously been reviewed and approved by the Office of Management and
Budget in accordance with the requirements of the Paperwork Reduction
Act (44 U.S.C. 3507) under control number 1651-0117, which covers many
of the free trade agreement requirements that CBP administers, and
1651-0076, which covers general recordkeeping requirements. The
collections of information in these regulations are in Sec. Sec.
10.3003, 10.3004, and 10.3007. This information is required in
connection with claims for preferential tariff treatment under the CTPA
and the Act and will be used by CBP to determine eligibility for tariff
preference under the CTPA and the Act. The likely respondents are
business organizations including importers, exporters and
manufacturers.
The estimated average annual burden associated with the collection
of information in this final rule is 0.2 hours per respondent or
recordkeeper. Comments concerning the accuracy of this burden estimate
and suggestions for reducing this burden should be directed to the
Office of Management and Budget, Attention: Desk Officer for the
Department of the Treasury, Office of Information and Regulatory
Affairs, Washington, DC 20503. A copy should also be sent to the Trade
and Commercial Regulations Branch, Regulations and Rulings, Office of
International Trade, U.S. Customs and Border Protection, 90 K Street
NE., 10th Floor, Washington, DC 20229-1177.
Signing Authority
This document is being issued in accordance with Sec. 0.1(a)(1) of
the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of
the Secretary of the Treasury (or his/her delegate) to approve
regulations related to certain CBP revenue functions.
List of Subjects
19 CFR Part 10
Alterations, Bonds, Customs duties and inspection, Exports,
Imports, Preference programs, Repairs, Reporting and recordkeeping
requirements, Trade agreements.
19 CFR Part 24
Accounting, Customs duties and inspection, Financial and accounting
procedures, Reporting and recordkeeping requirements, Trade agreements,
User fees.
19 CFR Part 162
Administrative practice and procedure, Customs duties and
inspection, Penalties, Trade agreements.
19 CFR Part 163
Administrative practice and procedure, Customs duties and
inspection, Exports, Imports, Reporting and recordkeeping requirements,
Trade agreements.
19 CFR Part 178
Administrative practice and procedure, Exports, Imports, Reporting
and recordkeeping requirements.
Amendments to the CBP Regulations
Accordingly, the interim rule amending Parts 10, 24, 162, 163, and
178 of the CBP regulations (19 CFR Parts 10, 24, 162, 163, and 178),
which was published at 77 FR 59064 on September 26, 2012, is adopted as
a final rule with the following changes:
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
0
1. The general authority citation for part 10 continues to read, and
the specific authority for new Subpart T is added, to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508,
1623, 1624, 3314.
* * * * *
Sections 10.3001 through 10.3034 also issued under 19 U.S.C.
1202 (General Note
[[Page 60193]]
34, HTSUS), 19 U.S.C. 1520(d), and Pub. L. 112-42, 125 Stat. 462 (19
U.S.C. 3805 note).
0
2. Section 10.3007(a) is revised to read as follows:
Sec. 10.3007 Maintenance of records.
(a) General. An importer claiming preferential tariff treatment for
a good imported into the United States under Sec. 10.3003(b) based on
either the importer's certification or its knowledge must maintain, for
a minimum of five years after the date of importation of the good, all
records and documents necessary to demonstrate that the good qualifies
for preferential tariff treatment under the CTPA. An importer claiming
preferential tariff treatment for a good imported into the United
States under Sec. 10.3003(b) based on the certification issued by the
exporter or producer must maintain, for a minimum of five years after
the date of importation of the good, the certification issued by the
exporter or producer. These records are in addition to any other
records that the importer is required to prepare, maintain, or make
available to CBP under Part 163 of this chapter.
* * * * *
0
3. In Sec. 10.3011, paragraph (a) is amended by adding a sentence to
the end to read as follows:
Sec. 10.3011 Filing procedures.
(a) * * * The post-importation claim may be filed by paper or by
the method specified for equivalent reporting via an authorized
electronic data interchange system.
* * * * *
Sec. 10.3013 [Amended]
0
4. Section 10.3013(b)(1) is amended by removing the language, ``under
8704.10'' and adding in its place the language, ``under 8702.10''.
Sec. 10.3016 [Amended]
0
5. In Sec. 10.3016:
0
a. Paragraph (a) introductory text is amended by removing the language,
``Except as provided for in Sec. 10.3024, for'' and adding in its
place the word, ``For''; and
0
b. Paragraph (c)(1)(i) is amended by removing the language, ``(``cost
of freight'' includes the costs of all types of freight, including in-
land freight incurred within a Party's territory, regardless of the
mode of transportation)''.
Sec. 10.3027 [Amended]
0
6. In Sec. 10.3027:
0
a. Paragraph (c) is redesignated as paragraph (d) and paragraph (d) is
redesignated as paragraph (c); and
0
b. The heading for newly redesignated paragraph (c) is amended by
removing the word ``Assistance'' and adding in its place the word
``Action''.
0
7. In Sec. 10.3034, paragraph (a) is amended by adding a sentence to
the end to read as follows:
Sec. 10.3034 Goods re-entered after repair or alteration in Colombia.
(a) * * * The term `repairs or alterations' does not include an
operation or process that transforms an unfinished good into a finished
good.
Thomas S. Winkowski,
Acting Commissioner.
Approved: September 25, 2013.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2013-23837 Filed 9-30-13; 8:45 am]
BILLING CODE 9111-14-P
