Documentation Related to Goods Imported From U.S. Insular Possessions, 2395-2399 [2014-00485]
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Proposed Rules
or removed that contain comments on
the merits of the rulemaking will be
retained in the public comment file and
will be considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Stephen Sherrod, Senior Economist,
Division of Market Oversight, (202) 418–
5452, ssherrod@cftc.gov; Riva Spear
Adriance, Senior Special Counsel,
Division of Market Oversight, (202) 418–
5494, radriance@cftc.gov; or Mark
Fajfar, Assistant General Counsel, Office
of General Counsel, (202) 418–6636,
mfajfar@cftc.gov; Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW.,
Washington, DC 20581.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission has long established
and enforced speculative position limits
for futures and options contracts on
various agricultural commodities as
authorized by the Commodity Exchange
Act (‘‘CEA’’).1 The part 150 position
limits regime,2 generally includes three
components: (1) The level of the limits,
which set a threshold that restricts the
number of speculative positions that a
person may hold in the spot-month,
individual month, and all months
combined,3 (2) exemptions for positions
that constitute bona fide hedging
transactions and certain other types of
transactions,4 and (3) rules to determine
which accounts and positions a person
must aggregate for the purpose of
determining compliance with the
position limit levels.5 The Aggregation
Proposal, generally speaking, sets out
proposed changes to the Commission’s
regulations relating to the third
component of the position limits
regime.6
The Commission has also adopted the
Position Limits Proposal, proposing to
establish speculative position limits for
28 exempt and agricultural commodity
futures and option contracts, and
physical commodity swaps that are
‘‘economically equivalent’’ to such
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17
U.S.C. 1 et seq.
17 CFR part 150. Part 150 of the
Commission’s regulations establishes federal
position limits on certain enumerated agricultural
contracts; the listed commodities are referred to as
enumerated agricultural commodities.
3 See 17 CFR 150.2.
4 See 17 CFR 150.3.
5 See 17 CFR 150.4.
6 See Aggregation of Positions, 78 FR 68946 (Nov.
15, 2013).
2 See
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contracts (as such term is used in
section 4a(a)(5) of the CEA).7
The Commission adopted the
Aggregation Proposal and the Position
Limits Proposal separately because it
believes that the proposed amendments
regarding aggregation of positions could
be appropriate regardless of whether the
Position Limits Proposal is adopted. The
Commission anticipates that it could
adopt either of the proposals separately
from the other, but if both proposals are
finalized, the modifications in the
Aggregation Proposal would apply to
both the current position limits regime
for futures and option contracts on nine
agricultural commodities and to the
position limits regime for 28 exempt
and agricultural commodity futures and
options contracts and the physical
commodity swaps that are economically
equivalent to such contracts that was
proposed in the Position Limits
Proposal.8
II. Extension of Comment Period
Subsequent to issuing the Aggregation
Proposal, the Commission has received
four written comments from interested
parties requesting that the Commission
extend the comment period so that it
would end at the same time as the
comment period for the Position Limits
Proposal.9 In general, these commenters
said that because of the related nature
of the two proposals, it would be more
practicable to formulate comments on
both the proposals at the same time. The
commenters pointed out, for example,
that in certain instances the comments
to be made on an aspect of one of the
proposals may depend on views
regarding the other proposal. The
Commission also notes that these
requests for an extension of time were
made by several groups representing a
wide variety of market participants who
are interested in commenting on the
Aggregation Proposal.10
7 See Position Limits for Derivatives, 78 FR 75680
(Dec. 12, 2013).
8 See Aggregation Proposal, 78 FR at 68947.
9 See letter from the Asset Management Group of
the Securities Industry and Financial Markets
Association and the International Swaps and
Derivatives Association dated December 20, 2013;
letter from Sutherland Asbill & Brennan LLP on
behalf of The Commercial Energy Working Group
dated December 23, 2013; letter from the Edison
Electric Institute, the Energy Power Supply
Association and the American Gas Association
dated January 3, 2014; and letter from the Futures
Industry Association, Inc. (‘‘FIA’’), dated January 3,
2014. These letters, and other comments received
on the Aggregation Proposal, are available at https://
comments.cftc.gov/PublicComments/
CommentList.aspx?id=1427.
10 FIA noted that it ‘‘supports the Commission’s
decision to propose, and if possible, finalize a wellcrafted Aggregation Proposal as expeditiously as
possible.’’ FIA requested the Commission ‘‘not
delay adopting a final aggregation rule pending
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In light of the comments received, the
Commission is extending the comment
period for the Aggregation Proposal to
align with the comment period for the
Position Limits Proposal. Thus, both
comment periods will end on February
10, 2014.
Issued in Washington, DC, on January 9,
2014, by the Commission.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Extension of Comment
Period for the Rulemaking Amending
the Aggregation Provisions of Part
150—Commission Voting Summary
On this matter, Acting Chairman Wetjen
and Commissioners Chilton and O’Malia
voted in the affirmative. No Commissioner
voted in the negative.
[FR Doc. 2014–00496 Filed 1–13–14; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 7, 163, and 178
[Docket No. USCBP–2014–0001]
RIN 1515–AD97
Documentation Related to Goods
Imported From U.S. Insular
Possessions
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document proposes to
amend the U.S. Customs and Border
Protection (CBP) regulations to
eliminate the requirement that a
customs official at the port of export
verify and sign CBP Form 3229,
Certificate of Origin for U.S. Insular
Possessions, and to require only that the
importer present this form, upon CBP’s
request, rather than with each entry as
is currently required. CBP believes that
these amendments will serve to
streamline the certification process and
modernize the entry process by making
it more efficient, as it will reduce the
overall administrative burden on the
importing trade as well as on CBP. The
importer is still required to maintain
SUMMARY:
finalization of the 2013 Position Limits Proposal.’’
See January 3, 2014, letter at footnote 4.
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Proposed Rules
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CBP Form 3229 in its possession or may
be subject to the assessment of a
recordkeeping penalty if it cannot be
produced.
DATES: Comments must be received on
or before March 17, 2014.
ADDRESSES: You may submit comments,
identified by docket number, by one of
the following methods:
• Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments
via Docket No. USCBP–2014–0001.
• Mail: 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.
Instructions: All submissions received
must include the agency name and
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 be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
International Trade, Customs and
Border Protection, 90 K Street NE., 10th
Floor, Washington, DC 20229–1177.
Arrangements to inspect submitted
comments should be made in advance
by calling Mr. Joseph Clark at (202) 325–
0118.
FOR FURTHER INFORMATION CONTACT: Seth
Mazze, Trade Agreements Branch, Trade
Policy and Programs, Office of
International Trade, (202) 863–6567,
seth.mazze@cbp.dhs.gov.
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. U.S. Customs and Border
Protection (CBP) also invites comments
that relate to the economic,
environmental, or federalism effects that
might result from this proposed
rulemaking. Comments that will provide
the most assistance to CBP will
reference a specific portion of the
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proposed rulemaking, explain the
reason for any recommended change,
and include data, information, or
authority that support such
recommended change. See ADDRESSES
above for information on how to submit
comments.
Background
Goods imported into the customs
territory of the United States from an
insular possession may be eligible for
duty-free treatment under the provisions
of General Note 3(a)(iv) of the
Harmonized Tariff Schedule of the
United States (HTSUS) (19 U.S.C. 1202).
In addition to the specific requirements
set forth in General Note 3(a)(iv),
HTSUS, the CBP regulations at part 7 of
title 19 of the Code of Federal
Regulations (19 CFR part 7) address
insular possessions. Insular possessions
of the United States are defined as
American territories outside the
customs territory of the United States
and include the U.S. Virgin Islands,
Guam, American Samoa, Wake Island,
Midway Islands, and Johnston Atoll.
See 19 CFR 7.2(a). In addition, goods
imported from the Commonwealth of
the Northern Mariana Islands are
entitled to the same tariff treatment as
imports from Guam and also subject to
the provisions of section 7.3. See 19
CFR 7.2(a).
Section 7.3 of the CBP regulations (19
CFR 7.3) governs the duty-free treatment
of goods imported from insular
possessions of the United States, other
than Puerto Rico. Puerto Rico is
excluded from this definition because it
is part of the customs territory of the
United States. Currently, to receive
duty-free treatment on imports from
U.S. insular possessions, the importer is
required by section 7.3(f) to file a signed
certificate of origin on CBP Form 3229
with each entry. Section 7.3(f) also
requires that CBP Form 3229 be signed
by the chief or assistant chief customs
officer or other official responsible for
customs administration at the port of
shipment. CBP Form 3229 is unique in
this regard as no other CBP certificate of
origin requires verification and
signature by a local customs officer at
the port of export. In practice, obtaining
the customs officer’s signature requires
the shipper to deliver CBP Form 3229 to
the customs officer and either wait for
a signature or leave the form to be
signed and retrieved at a later time.
In order to align this certification
process to CBP’s post-importation
verification process that is used for
other certificates of origin required
under the various free trade agreements
or trade preference programs and to ease
the administrative burden on shippers
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as well as importers seeking duty-free
treatment of goods from U.S. insular
possessions by making the entry process
more efficient, this document proposes
to amend section 7.3(f) of the CBP
regulations (19 CFR 7.3(f)) by removing
the signature and date requirement of a
customs official from the
documentation. In addition, the
proposed rule would require only that
the importer present the form signed by
the shipper upon CBP’s request, rather
than with each entry as is currently
required. Under the proposed rule, the
importer must have in his possession, at
the time of entry or entry summary, a
completed CBP Form 3229 and must
present the form upon request by the
Port Director or his delegate. These
regulatory amendments would allow
CBP to simplify CBP Form 3229 by
removing the data field for the
‘‘Verification of CBP Officer’’ including
block 25, ‘‘Signature of CBP Officer’’.
CBP also proposes to add block 22a
‘‘Shipper Email’’ and re-designate the
‘‘Date’’ block 24 to block 23a on CBP
Form 3229. These amendments would
help to relieve the administrative
burden on the shipper, by eliminating
the need for the shipper to deliver CBP
Form 3229 to a customs officer for
signature and verification of the
originating status of the goods; on CBP,
by removing this task from the customs
officer’s duties; and on the importer, by
removing the requirement that the form
be presented with each entry.
Importers filing CBP Form 3229 are
subject to the recordkeeping
requirements and procedures governing
the maintenance, production,
inspection, and examination of records
set forth in part 163 of the CBP
regulations. See 19 U.S.C. 1508 and
1509. In general, any record required to
be made, kept, and rendered for
examination and inspection by CBP
must be kept for five (5) years from the
date of entry. 19 CFR 163.4. Failure to
comply with a lawful demand for the
production of an entry record, including
CBP Form 3229, may result in the
assessment of a recordkeeping penalty
pursuant to 19 U.S.C. 1509(g). See also
19 CFR 163.6(b).
Lastly, CBP plans to adopt nonsubstantive, editorial amendments to
the regulations. CBP proposes to update
the outdated name of the Form which
appears in the list of records and
information required for the entry of
merchandise in the Appendix to part
163 (commonly referred to as the
‘‘(a)(1)(A)’’ list) by amending the listing
within section IV for section 7.3(f) to
reflect the current name of the form
from ‘‘CF 3229’’ to ‘‘CBP Form 3229’’.
CBP also proposes to make editorial
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Proposed Rules
changes to the sample declarations
made by the shipper in the insular
possession and by the importer in the
United States by updating the year from
the 20th Century, ‘‘19ll.’’ to the 21st
Century, ‘‘20ll’’ in 19 CFR 7.3(f)(2).
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Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the 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 is
not a ‘‘significant regulatory action,’’
under section 3(f) of Executive Order
12866. Accordingly, OMB has not
reviewed this regulation.
has an impact on a substantial number
of small importers. Although this rule
may have an effect on a substantial
number of importers, CBP believes that
the economic impact of this rule will
not be significant. Because importers
will be required to present a completed
CBP Form 3229 to CBP only upon
request by a CBP officer rather than with
each shipment from an insular
possession, CBP estimates that an
average importer may, at a maximum,
print approximately 26 fewer CBP Form
3229s annually. While this would be a
positive economic impact, CBP believes
that this maximum benefit realized will
be negligible.
TABLE 1—COMPLETED CBP FORMS
3229
Fiscal
year
Completed
3229s
Importers
2007 ..................
2008 ..................
2009 ..................
2010 ..................
2011 ..................
2012 ..................
Average ............
191
188
136
97
110
89
135
7,258
4,980
3,210
2,183
1,897
1,744
3,545
Regulatory Flexibility Act
This section examines the impact on
small entities as required by the
Regulatory Flexibility Act (5 U.S.C. 601
et. seq.), 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).
As discussed above, if promulgated,
the proposed rule will remove the
requirement that an importer present a
completed CBP Form 3229 with each
shipment from an insular possession,
and the importer will only be required
to present a completed CBP Form 3229
upon CBP’s request.1 Additionally, this
rule will remove the requirement that
the shipper of a good from an insular
possession obtain a customs official’s
signature and date of signature in order
to complete a CBP Form 3229.
Using internal databases, CBP has
identified that over the last six fiscal
years, on average there have been
approximately 3,545 shipments of goods
each year, imported by approximately
135 importers, from insular possessions
(see Table 1). Any importer that imports
goods from an insular possession would
need to comply with this rule.
Therefore, CBP believes that this rule
As noted previously, CBP has
identified that over the last six fiscal
years, there have been an average of
3,545 shipments a year of goods to the
United States from insular possessions
(see Table 1). Due to data limitations,
however, CBP is unable to identify the
number of shippers that ship these
shipments to the United States. Any
shipper that ships goods to the United
States from an insular possession would
need to comply with this rule.
Therefore, CBP believes this rule has an
impact on a substantial number of small
shippers shipping goods from insular
possessions. Although CBP believes this
rule may affect a substantial number of
shippers, CBP does not believe that this
rule will have a significant impact on
shippers. CBP estimates that it takes a
shipper, on average, approximately one
hour to obtain a customs official’s
signature and date of signature, in order
to complete CBP Form 3229.2 If this rule
is promulgated, CBP estimates that
shippers shipping goods from an insular
possession, including any small entities,
will realize time burden reduction (i.e.
time savings) of one hour per shipment.
CBP estimates the average wage of a
shipper’s employee who is responsible
for the form to be approximately $45.10
1 The importer will still be required to maintain
a completed CBP Form 3229 in its records in
accordance to applicable record keeping
requirements.
2 This time burden differs from Paperwork
Reduction Act (PRA) burden because the PRA
burden is for completing the form and does not
account for travel time.
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Source: Internal CBP databases.
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per hour. Thus, CBP estimates that each
shipper, including any small entities,
will save approximately $45.10 per
shipment. CBP does not believe a
savings of $45.10 per shipment to be a
significant economic impact.
Although CBP believes that a
substantial number of small entities,
both importers and shippers, may be
affected by this rule, CBP does not
believe that the economic impacts will
be significant. CBP certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities.
Paperwork Reduction Act
The collections of information in this
document will be submitted for OMB
review in accordance with the
requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) under
control number 1651–0016. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB.
The collections of information in
these regulations are contained in 19
CFR 7.3(f) and currently set forth in CBP
Form 3229, Certificate of Origin. This
information is required at the time of
entry and is used by CBP to verify the
goods are eligible for duty-free treatment
under General Note 3(a)(iv), HTSUS.
The proposed regulations and changes
to CBP Form 3229 would reduce the
estimated time burden on shippers by
two minutes per completed form.
Shippers currently spend an estimated
22 minutes completing CBP Form 3229,
Certificate of Origin. The proposed
regulations and new draft of CBP Form
3229 would reduce this time to an
estimated 20 minutes to complete the
form. The anticipated time savings
comes as a result of the elimination of
the customs officer signature
requirement on the form.
The likely respondents are businesses
which import from U.S. insular
possessions. Such imports are almost
exclusively petroleum, refined in St.
Croix, U.S. Virgin Islands. Other such
imports include tuna fish, watches,
organic chemicals, and alcohol. The
proposed burden hours for information
collection 1651–0016 are as follows:
• Number of Respondents: 113.
• Number of Annual Responses:
2,260.
• Time per Response: 20 minutes.
• Total Annual Burden Hours: 746.
This reflects a decrease of 68 burden
hours.
Comments concerning the collections
of information should be directed to the
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Trade and Commercial Regulations
Branch, Regulations and Rulings, U.S.
Customs and Border Protection, 90 K
Street NE., 10th Floor, Washington, DC
20229–1177. The comments should
address: (a) whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s
estimates of the burden of the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; (d) ways to
minimize the burden including the use
of automated collection techniques or
the use of other forms of information
technology; and (e) the annual cost
burden to respondents or record keepers
from the collection of information (total
capital/startup costs and operations and
maintenance costs).
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 7
American Samoa, Customs duties and
inspection, Guam, Midway Islands,
Puerto Rico, Wake Island.
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.
Proposed Amendments to the CBP
Regulations
For the reasons set forth in the
preamble, 19 CFR parts 7, 163, and 178
are proposed to be amended as set forth
below.
PART 7—CUSTOMS RELATIONS WITH
INSULAR POSSESSIONS AND
GUANTANAMO BAY NAVAL STATION
1. The general and specific authority
citations for part 7 continue to read as
follows:
■
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1623, 1624; 48 U.S.C. 1406i.
§ 7.3
for duty-free entry set forth in paragraph
(a)(1) of this section. The importer must
provide CBP Form 3229 upon request by
the port director or his delegate. Except
in the case of goods which incorporate
a material described in paragraph
(c)(3)(ii) of this section, a certificate of
origin will not be required for any
shipment eligible for informal entry
under § 143.21 of this chapter or in any
case where the port director is otherwise
satisfied that the goods qualify for dutyfree treatment under paragraph (a)(1) of
this section.
*
*
*
*
*
PART 163—RECORDKEEPING
[Amended]
3. The authority citation for part 163
continues to read as follows:
2. In § 7.3:
a. Paragraphs (b) introductory text, (d)
introductory text, (e)(1) introductory
text, and (e)(2) are amended by
removing the word ‘‘shall’’ and adding,
in its place, the word ‘‘will’’.
■ b. Paragraph (f)(1) is revised.
■ c. Paragraph (f)(2) introductory text is
amended by removing the word ‘‘shall’’
and adding, in its place, the word
‘‘must.’’; and
■ d. Paragraphs (f)(2)(i) and (ii) are
amended by removing the year
designation ‘‘19__’’ wherever it appears,
and replacing it with the year
designation ‘‘20__’’.
The revision reads as follows:
■
§ 7.3 Duty-free treatment of goods
imported from insular possessions of the
United States other than Puerto Rico.
■
*
Authority: 5 U.S.C. 301; 19 U.S.C. 1624;
44 U.S.C. 3501 et seq.
■
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1484, 1508, 1509, 1510, 1624.
*
*
*
*
Appendix to Part 163 [Amended]
4. In the Appendix to part 163, within
section IV, the listing for § 7.3(f) is
amended by removing the abbreviation
‘‘CF’’ and adding, in its place, the words
‘‘CBP Form’’.
■
PART 178—APPROVAL OF
INFORMATION COLLECTION
REQUIREMENTS
5. The authority citation for part 178
continues to read as follows:
*
*
*
*
(f) Documentation. (1) When goods
are sought to be admitted free of duty
as provided in paragraph (a)(1) of this
section, an importer must have in his
possession at the time of entry or entry
summary a completed certificate of
origin on CBP Form 3229, showing that
the goods comply with the requirements
§ 178.2
[Amended]
6. In § 178.2, the table is amended by
revising the listings for § 7.3 to read as
follows:
■
§ 178.2
Listing of OMB control numbers.
19 CFR Section
Description
*
*
§ 7.3 ........................................................
*
*
*
*
Claim for duty-free entry of goods imported from U.S. insular possessions .........
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1651–0116
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Proposed Rules
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Thomas S. Winkowski,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: January 8, 2014.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2014–00485 Filed 1–13–14; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2014–0001; Notice No.
141]
RIN 1513–AC03
Proposed Establishment of the Manton
Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 11,178-acre
‘‘Manton Valley’’ viticultural area in
Shasta and Tehama Counties in
northern California. The proposed
viticultural area does not lie within, nor
does it contain, any other established
viticultural area. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase. TTB
invites comments on this proposed
addition to its regulations.
DATES: Comments must be received by
March 17, 2014.
ADDRESSES: Please send your comments
on this proposed rule to one of the
following addresses (please note that
TTB has a new address for comments
submitted by U.S. mail):
• Internet: https://www.regulations.gov
(via the online comment form for this
proposed rule as posted within Docket
No. TTB–2014–0001 at
‘‘Regulations.gov,’’ the Federal erulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
200–E, Washington, DC 20005.
See the Public Participation section of
this proposed rule for specific
instructions and requirements for
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
16:41 Jan 13, 2014
Jkt 232001
submitting comments, and for
information on how to request a public
hearing.
You may view copies of this proposed
rule, selected supporting materials, and
any comments that TTB receives about
this proposal at https://
www.regulations.gov within Docket No.
TTB–2014–0001. A link to that docket is
posted on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml under Notice No. 141.
You also may view copies of this
proposed rule, all related petitions,
maps, or other supporting materials, and
any comments that TTB receives about
this proposal by appointment at the TTB
Information Resource Center, 1310 G
Street NW., Washington, DC 20005.
Please call 202–453–2270 to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated January 21, 2003, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
2399
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features as described in
part 9 of the regulations and a name and
a delineated boundary as established in
part 9 of the regulations. These
designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to its geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• A copy of the appropriate United
States Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Manton Valley Petition
TTB received a petition from Mark
Livingston, of Cedar Crest Vineyards, on
behalf of Cedar Crest Vineyards and
other vineyard and winery owners in
Manton, California, proposing the
establishment of the ‘‘Manton Valley’’
AVA. The proposed AVA contains
approximately 11,178 acres, with 11
E:\FR\FM\14JAP1.SGM
14JAP1
]]>Agencies
[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Proposed Rules]
[Pages 2395-2399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00485]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 7, 163, and 178
[Docket No. USCBP-2014-0001]
RIN 1515-AD97
Documentation Related to Goods Imported From U.S. Insular
Possessions
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document proposes to amend the U.S. Customs and Border
Protection (CBP) regulations to eliminate the requirement that a
customs official at the port of export verify and sign CBP Form 3229,
Certificate of Origin for U.S. Insular Possessions, and to require only
that the importer present this form, upon CBP's request, rather than
with each entry as is currently required. CBP believes that these
amendments will serve to streamline the certification process and
modernize the entry process by making it more efficient, as it will
reduce the overall administrative burden on the importing trade as well
as on CBP. The importer is still required to maintain
[[Page 2396]]
CBP Form 3229 in its possession or may be subject to the assessment of
a recordkeeping penalty if it cannot be produced.
DATES: Comments must be received on or before March 17, 2014.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal at https://www.regulations.gov.
Follow the instructions for submitting comments via Docket No. USCBP-
2014-0001.
Mail: 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.
Instructions: All submissions received must include the agency name
and 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 be inspected during regular business days between the hours of 9
a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, Office of International Trade, Customs and
Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-
1177. Arrangements to inspect submitted comments should be made in
advance by calling Mr. Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: Seth Mazze, Trade Agreements Branch,
Trade Policy and Programs, Office of International Trade, (202) 863-
6567, seth.mazze@cbp.dhs.gov.
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. U.S. Customs and Border Protection (CBP) also invites
comments that relate to the economic, environmental, or federalism
effects that might result from this proposed rulemaking. Comments that
will provide the most assistance to CBP will reference a specific
portion of the proposed rulemaking, explain the reason for any
recommended change, and include data, information, or authority that
support such recommended change. See ADDRESSES above for information on
how to submit comments.
Background
Goods imported into the customs territory of the United States from
an insular possession may be eligible for duty-free treatment under the
provisions of General Note 3(a)(iv) of the Harmonized Tariff Schedule
of the United States (HTSUS) (19 U.S.C. 1202). In addition to the
specific requirements set forth in General Note 3(a)(iv), HTSUS, the
CBP regulations at part 7 of title 19 of the Code of Federal
Regulations (19 CFR part 7) address insular possessions. Insular
possessions of the United States are defined as American territories
outside the customs territory of the United States and include the U.S.
Virgin Islands, Guam, American Samoa, Wake Island, Midway Islands, and
Johnston Atoll. See 19 CFR 7.2(a). In addition, goods imported from the
Commonwealth of the Northern Mariana Islands are entitled to the same
tariff treatment as imports from Guam and also subject to the
provisions of section 7.3. See 19 CFR 7.2(a).
Section 7.3 of the CBP regulations (19 CFR 7.3) governs the duty-
free treatment of goods imported from insular possessions of the United
States, other than Puerto Rico. Puerto Rico is excluded from this
definition because it is part of the customs territory of the United
States. Currently, to receive duty-free treatment on imports from U.S.
insular possessions, the importer is required by section 7.3(f) to file
a signed certificate of origin on CBP Form 3229 with each entry.
Section 7.3(f) also requires that CBP Form 3229 be signed by the chief
or assistant chief customs officer or other official responsible for
customs administration at the port of shipment. CBP Form 3229 is unique
in this regard as no other CBP certificate of origin requires
verification and signature by a local customs officer at the port of
export. In practice, obtaining the customs officer's signature requires
the shipper to deliver CBP Form 3229 to the customs officer and either
wait for a signature or leave the form to be signed and retrieved at a
later time.
In order to align this certification process to CBP's post-
importation verification process that is used for other certificates of
origin required under the various free trade agreements or trade
preference programs and to ease the administrative burden on shippers
as well as importers seeking duty-free treatment of goods from U.S.
insular possessions by making the entry process more efficient, this
document proposes to amend section 7.3(f) of the CBP regulations (19
CFR 7.3(f)) by removing the signature and date requirement of a customs
official from the documentation. In addition, the proposed rule would
require only that the importer present the form signed by the shipper
upon CBP's request, rather than with each entry as is currently
required. Under the proposed rule, the importer must have in his
possession, at the time of entry or entry summary, a completed CBP Form
3229 and must present the form upon request by the Port Director or his
delegate. These regulatory amendments would allow CBP to simplify CBP
Form 3229 by removing the data field for the ``Verification of CBP
Officer'' including block 25, ``Signature of CBP Officer''. CBP also
proposes to add block 22a ``Shipper Email'' and re-designate the
``Date'' block 24 to block 23a on CBP Form 3229. These amendments would
help to relieve the administrative burden on the shipper, by
eliminating the need for the shipper to deliver CBP Form 3229 to a
customs officer for signature and verification of the originating
status of the goods; on CBP, by removing this task from the customs
officer's duties; and on the importer, by removing the requirement that
the form be presented with each entry.
Importers filing CBP Form 3229 are subject to the recordkeeping
requirements and procedures governing the maintenance, production,
inspection, and examination of records set forth in part 163 of the CBP
regulations. See 19 U.S.C. 1508 and 1509. In general, any record
required to be made, kept, and rendered for examination and inspection
by CBP must be kept for five (5) years from the date of entry. 19 CFR
163.4. Failure to comply with a lawful demand for the production of an
entry record, including CBP Form 3229, may result in the assessment of
a recordkeeping penalty pursuant to 19 U.S.C. 1509(g). See also 19 CFR
163.6(b).
Lastly, CBP plans to adopt non-substantive, editorial amendments to
the regulations. CBP proposes to update the outdated name of the Form
which appears in the list of records and information required for the
entry of merchandise in the Appendix to part 163 (commonly referred to
as the ``(a)(1)(A)'' list) by amending the listing within section IV
for section 7.3(f) to reflect the current name of the form from ``CF
3229'' to ``CBP Form 3229''. CBP also proposes to make editorial
[[Page 2397]]
changes to the sample declarations made by the shipper in the insular
possession and by the importer in the United States by updating the
year from the 20th Century, ``19----.'' to the 21st Century, ``20----''
in 19 CFR 7.3(f)(2).
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
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 is not a ``significant regulatory action,''
under section 3(f) of Executive Order 12866. Accordingly, OMB has not
reviewed this regulation.
Regulatory Flexibility Act
This section examines the impact on small entities as required by
the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), 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).
As discussed above, if promulgated, the proposed rule will remove
the requirement that an importer present a completed CBP Form 3229 with
each shipment from an insular possession, and the importer will only be
required to present a completed CBP Form 3229 upon CBP's request.\1\
Additionally, this rule will remove the requirement that the shipper of
a good from an insular possession obtain a customs official's signature
and date of signature in order to complete a CBP Form 3229.
---------------------------------------------------------------------------
\1\ The importer will still be required to maintain a completed
CBP Form 3229 in its records in accordance to applicable record
keeping requirements.
---------------------------------------------------------------------------
Using internal databases, CBP has identified that over the last six
fiscal years, on average there have been approximately 3,545 shipments
of goods each year, imported by approximately 135 importers, from
insular possessions (see Table 1). Any importer that imports goods from
an insular possession would need to comply with this rule. Therefore,
CBP believes that this rule has an impact on a substantial number of
small importers. Although this rule may have an effect on a substantial
number of importers, CBP believes that the economic impact of this rule
will not be significant. Because importers will be required to present
a completed CBP Form 3229 to CBP only upon request by a CBP officer
rather than with each shipment from an insular possession, CBP
estimates that an average importer may, at a maximum, print
approximately 26 fewer CBP Form 3229s annually. While this would be a
positive economic impact, CBP believes that this maximum benefit
realized will be negligible.
Table 1--Completed CBP Forms 3229
------------------------------------------------------------------------
Completed
Fiscal year Importers 3229s
------------------------------------------------------------------------
2007.......................................... 191 7,258
2008.......................................... 188 4,980
2009.......................................... 136 3,210
2010.......................................... 97 2,183
2011.......................................... 110 1,897
2012.......................................... 89 1,744
Average....................................... 135 3,545
------------------------------------------------------------------------
Source: Internal CBP databases.
As noted previously, CBP has identified that over the last six
fiscal years, there have been an average of 3,545 shipments a year of
goods to the United States from insular possessions (see Table 1). Due
to data limitations, however, CBP is unable to identify the number of
shippers that ship these shipments to the United States. Any shipper
that ships goods to the United States from an insular possession would
need to comply with this rule. Therefore, CBP believes this rule has an
impact on a substantial number of small shippers shipping goods from
insular possessions. Although CBP believes this rule may affect a
substantial number of shippers, CBP does not believe that this rule
will have a significant impact on shippers. CBP estimates that it takes
a shipper, on average, approximately one hour to obtain a customs
official's signature and date of signature, in order to complete CBP
Form 3229.\2\ If this rule is promulgated, CBP estimates that shippers
shipping goods from an insular possession, including any small
entities, will realize time burden reduction (i.e. time savings) of one
hour per shipment. CBP estimates the average wage of a shipper's
employee who is responsible for the form to be approximately $45.10 per
hour. Thus, CBP estimates that each shipper, including any small
entities, will save approximately $45.10 per shipment. CBP does not
believe a savings of $45.10 per shipment to be a significant economic
impact.
---------------------------------------------------------------------------
\2\ This time burden differs from Paperwork Reduction Act (PRA)
burden because the PRA burden is for completing the form and does
not account for travel time.
---------------------------------------------------------------------------
Although CBP believes that a substantial number of small entities,
both importers and shippers, may be affected by this rule, CBP does not
believe that the economic impacts will be significant. CBP certifies
that this regulation will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
The collections of information in this document will be submitted
for OMB review in accordance with the requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) under control number 1651-0016. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a valid
control number assigned by OMB.
The collections of information in these regulations are contained
in 19 CFR 7.3(f) and currently set forth in CBP Form 3229, Certificate
of Origin. This information is required at the time of entry and is
used by CBP to verify the goods are eligible for duty-free treatment
under General Note 3(a)(iv), HTSUS.
The proposed regulations and changes to CBP Form 3229 would reduce
the estimated time burden on shippers by two minutes per completed
form. Shippers currently spend an estimated 22 minutes completing CBP
Form 3229, Certificate of Origin. The proposed regulations and new
draft of CBP Form 3229 would reduce this time to an estimated 20
minutes to complete the form. The anticipated time savings comes as a
result of the elimination of the customs officer signature requirement
on the form.
The likely respondents are businesses which import from U.S.
insular possessions. Such imports are almost exclusively petroleum,
refined in St. Croix, U.S. Virgin Islands. Other such imports include
tuna fish, watches, organic chemicals, and alcohol. The proposed burden
hours for information collection 1651-0016 are as follows:
Number of Respondents: 113.
Number of Annual Responses: 2,260.
Time per Response: 20 minutes.
Total Annual Burden Hours: 746.
This reflects a decrease of 68 burden hours.
Comments concerning the collections of information should be
directed to the
[[Page 2398]]
Trade and Commercial Regulations Branch, Regulations and Rulings, U.S.
Customs and Border Protection, 90 K Street NE., 10th Floor, Washington,
DC 20229-1177. The comments should address: (a) whether the collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimates of the burden of
the collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; (d) ways to
minimize the burden including the use of automated collection
techniques or the use of other forms of information technology; and (e)
the annual cost burden to respondents or record keepers from the
collection of information (total capital/startup costs and operations
and maintenance costs).
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 7
American Samoa, Customs duties and inspection, Guam, Midway
Islands, Puerto Rico, Wake Island.
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.
Proposed Amendments to the CBP Regulations
For the reasons set forth in the preamble, 19 CFR parts 7, 163, and
178 are proposed to be amended as set forth below.
PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO
BAY NAVAL STATION
0
1. The general and specific authority citations for part 7 continue to
read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i.
Sec. 7.3 [Amended]
0
2. In Sec. 7.3:
0
a. Paragraphs (b) introductory text, (d) introductory text, (e)(1)
introductory text, and (e)(2) are amended by removing the word
``shall'' and adding, in its place, the word ``will''.
0
b. Paragraph (f)(1) is revised.
0
c. Paragraph (f)(2) introductory text is amended by removing the word
``shall'' and adding, in its place, the word ``must.''; and
0
d. Paragraphs (f)(2)(i) and (ii) are amended by removing the year
designation ``19----'' wherever it appears, and replacing it with the
year designation ``20----''.
The revision reads as follows:
Sec. 7.3 Duty-free treatment of goods imported from insular
possessions of the United States other than Puerto Rico.
* * * * *
(f) Documentation. (1) When goods are sought to be admitted free of
duty as provided in paragraph (a)(1) of this section, an importer must
have in his possession at the time of entry or entry summary a
completed certificate of origin on CBP Form 3229, showing that the
goods comply with the requirements for duty-free entry set forth in
paragraph (a)(1) of this section. The importer must provide CBP Form
3229 upon request by the port director or his delegate. Except in the
case of goods which incorporate a material described in paragraph
(c)(3)(ii) of this section, a certificate of origin will not be
required for any shipment eligible for informal entry under Sec.
143.21 of this chapter or in any case where the port director is
otherwise satisfied that the goods qualify for duty-free treatment
under paragraph (a)(1) of this section.
* * * * *
PART 163--RECORDKEEPING
0
3. The authority citation for part 163 continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510,
1624.
* * * * *
Appendix to Part 163 [Amended]
0
4. In the Appendix to part 163, within section IV, the listing for
Sec. 7.3(f) is amended by removing the abbreviation ``CF'' and adding,
in its place, the words ``CBP Form''.
PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS
0
5. The authority citation for part 178 continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq.
Sec. 178.2 [Amended]
0
6. In Sec. 178.2, the table is amended by revising the listings for
Sec. 7.3 to read as follows:
Sec. 178.2 Listing of OMB control numbers.
------------------------------------------------------------------------
19 CFR Section Description OMB control No.
------------------------------------------------------------------------
* * * * * * *
Sec. 7.3................... Claim for duty-free 1651-0116
entry of goods
imported from U.S.
insular possessions.
* * * * * * *
------------------------------------------------------------------------
[[Page 2399]]
* * * * *
Thomas S. Winkowski,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: January 8, 2014.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2014-00485 Filed 1-13-14; 8:45 am]
BILLING CODE 9111-14-P
