Technical Corrections to the North American Free Trade Agreement Uniform Regulations, 26828-26830 [2015-11291]
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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
section at the beginning of the preamble.
You can find out more about SBREFA
on the Internet at: https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Freight, Iraq.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of Title 14, Code of
Federal Regulations, as follows:
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 1155,
40101, 40103, 40105, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315,
46316, 46504, 46506–46507, 47122, 47508,
47528–47531, 47534, articles 12 and 29 of the
Convention on International Civil Aviation
(61 Stat. 1180), (126 Stat. 11).
■
2. Revise § 91.1605 to read as follows:
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§ 91.1605 Special Federal Aviation
Regulation No. 77—Prohibition Against
Certain Flights in the Baghdad (ORBB)
Flight Information Region (FIR)
(a) Applicability. This rule applies to
the following persons:
(1) All U.S. air carriers and U.S.
commercial operators;
(2) All persons exercising the
privileges of an airman certificate issued
by the FAA, except such persons
operating U.S.-registered aircraft for a
foreign air carrier; and
(3) All operators of aircraft registered
in the United States, except where the
operator of such aircraft is a foreign air
carrier.
(b) Flight prohibition. No person may
conduct flight operations in the
Baghdad (ORBB) Flight Information
Region (FIR), except as provided in
paragraphs (c) and (d) of this section.
(c) Permitted operations. This section
does not prohibit persons described in
paragraph (a) of this section from
conducting flight operations in the
ORBB FIR, provided that such flight
operations are conducted under a
contract, grant, or cooperative
agreement with a department, agency, or
instrumentality of the U.S. government
(or under a subcontract between the
prime contractor of the department,
agency, or instrumentality, and the
person described in paragraph (a)), with
the approval of the FAA, or under an
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exemption issued by the FAA. The FAA
will process requests for approval or
exemption in a timely manner, with the
order of preference being: First, for
those operations in support of U.S.
government-sponsored activities;
second, for those operations in support
of government-sponsored activities of a
foreign country with the support of a
U.S. government department, agency, or
instrumentality; and third, for all other
operations.
(d) Emergency situations. In an
emergency that requires immediate
decision and action for the safety of the
flight, the pilot in command of an
aircraft may deviate from this section to
the extent required by that emergency.
Except for U.S. air carriers and
commercial operators that are subject to
the requirements of parts 119, 121, 125,
or 135, each person who deviates from
this section must, within 10 days of the
deviation, excluding Saturdays,
Sundays, and Federal holidays, submit
to the nearest FAA Flight Standards
District Office (FSDO) a complete report
of the operations of the aircraft involved
in the deviation, including a description
of the deviation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until May 11, 2017. The FAA
may amend, rescind, or extend this
SFAR as necessary.
Issued under authority provided by 49
U.S.C. 106(f), 40101(d)(1), 40105(b)(1)(A),
and 44701(a)(5), in Washington, DC, on May
1, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015–11284 Filed 5–6–15; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 181
[CBP Dec. 15–07]
RIN 1515–AE04
Technical Corrections to the North
American Free Trade Agreement
Uniform Regulations
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule.
AGENCIES:
This document sets forth
amendments to the Customs and Border
Protection regulations that implement
the preferential tariff treatment and
other customs-related provisions of the
North American Free Trade Agreement
SUMMARY:
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(NAFTA) entered into by the United
States, Canada, and Mexico. The
amendments reflect technical
rectifications to the NAFTA Uniform
Regulations agreed upon by the three
NAFTA Parties, as well as corrections
necessitated by changes to the
Harmonized Tariff Schedule of the
United States. The conforming
amendments are required to maintain
the United States’ obligations under the
NAFTA and to ensure that NAFTA
traders operate under a uniform tariff
and rules of origin regime. The
amendments set forth in this document
involve no substantive interpretation of
the NAFTA or change in policy.
DATES: The corrections are effective July
10, 2015.
FURTHER INFORMATION CONTACT: Craig T.
Clark, Director, Textile and Trade
Agreements Division, Office of
International Trade, Customs and
Border Protection, Tel. (202) 863–6657.
SUPPLEMENTARY INFORMATION:
Background
North American Free Trade Agreement
On December 17, 1992, the United
States, Canada, and Mexico entered into
the North American Free Trade
Agreement (NAFTA) which, among
other things, provides for preferential
duty treatment on goods of those three
countries. The North American Free
Trade Agreement Implementation Act,
Public Law 103–182, 107 Stat. 2057,
was signed into law by the United States
on December 8, 1993. For purposes of
administration of the NAFTA
preferential duty provisions, the three
countries agreed to the adoption of
verbatim NAFTA Rules of Origin
Regulations and additional uniform
regulatory standards to be followed by
each country in promulgating NAFTA
implementing regulations under its
national law.
NAFTA Rules of Origin Regulations
The regulations implementing the
NAFTA preferential duty and related
provisions under United States law are
set forth in part 181 of title 19 of the
Code of Federal Regulations (19 CFR
part 181) which incorporates, in the
Appendix, the verbatim NAFTA Rules
of Origin Regulations. The NAFTA rules
of origin are structured primarily in
terms of prescribed changes in tariff
classification, with some goods also
subject to a content requirement.
Technical Rectifications to the NAFTA
Rule of Origin Regulations Agreed to by
the United States, Canada, and Mexico
On April 9, 2009, the United States
Trade Representative, the Canadian
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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations
Minister of International Trade, and the
Mexican Secretary of the Economy
(Parties) agreed, in an Exchange of
Letters, to make certain technical
rectifications to the NAFTA Uniform
Regulations for Chapter Four and Annex
403.1, subject to the completion of each
Party’s domestic legal procedures. These
technical rectifications are set forth in
Appendices 6 and 4, respectively, to the
April 9, 2009 Exchange of Letters. The
technical rectifications were
necessitated by systemic revisions to the
international Harmonized Commodity
Description and Coding System
(Harmonized System) and the
implementation of these changes into
each Party’s national domestic tariff
law, effective 2007. In Presidential
Proclamation 8097 of December 29,
2006, the President proclaimed
modifications to the Harmonized Tariff
Schedule of the United States (HTSUS)
to reflect the revisions to the
Harmonized System (HS).
The technical rectifications to the
NAFTA Uniform Regulations for
Chapter Four and Annex 403.1 do not
constitute policy or substantive changes
to the NAFTA and have the sole
purpose of maintaining consistency
between the NAFTA Annexes and each
of the signatory countries’ tariff laws.
The conforming amendments set forth
in this document implement these
technical rectifications by updating the
HTSUS tariff provisions in the
Appendix to part 181 of 19 CFR and are
necessary to maintain the United States’
obligations under the NAFTA and to
ensure that NAFTA traders operate
under a uniform tariff and rules of
origin regime.
To effect the agreed upon numerical
and text changes to the NAFTA Rules of
Origin Regulations for the United States,
technical rectifications are made to the
following provisions within the
Appendix to 19 CFR part 181:
• Part II, Section 5, subsection (4)(i),
pertaining to exceptions to the de
minimis rule for non-originating
materials that do not undergo, subject to
authorization, a required tariff change.
• Part III, Section 6, subsection
(6)(d)(iv), pertaining to regional value
content and application of the net cost
method in certain circumstances.
• Part VI, Section 16, subsection (3),
pertaining to exceptions to
transshipment rules for certain goods.
• Schedule IV, pertaining to the list of
tariff provisions for the purposes of
section 9 of the Appendix.1
1 Schedule
IV of the Appendix to part 181 of 19
CFR (‘‘List of Tariff Provisions for the Purposes of
Section 9 of the Appendix’’ or commonly referred
to as the ‘‘Schedule IV Light-Duty Automotive
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Additional Technical Corrections to the
Schedule IV Light-Duty Automotive
Tracing List Necessitated by Pre-2007
Revisions to the HTSUS
In addition to the technical
rectifications trilaterally agreed to by the
NAFTA Parties in the 2009 Exchange of
Letters, described above, this document
makes additional technical corrections
to the Schedule IV light-duty
automotive tracing list within the
Appendix to 19 CFR part 181 to reflect
pre-2007 modifications to the HTSUS.
As noted above, the HTSUS is
periodically updated to reflect systemic
revisions to the HS. The periodic
revisions to the HTSUS result in certain
tariff provisions being added or
removed, or certain goods being
transferred to different or newly-created
tariff provisions. As a result of pre-2007
systemic HTSUS revisions, the existing
Schedule IV light-duty automotive
tracing list in the Appendix to part 181
contains outdated tariff provisions that
are no longer consistent with Annex
403.1 of the NAFTA. This document
makes technical corrections to the
numerical tariff references in the tracing
list so as to conform to the current
version of the HTSUS and maintain the
United States’ obligations under the
NAFTA.
Inapplicability of the Administrative
Procedure Act
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), agencies
generally are required to publish a
notice of proposed rulemaking in the
Federal Register that solicits public
comment on the proposed regulatory
amendments, consider public comments
in deciding on the content of the final
amendments, and publish the final
amendments at least 30 days prior to
their effective date. Section 553(a)(1) of
the APA provides that the standard
prior notice and comment procedures
do not apply to an agency rulemaking to
the extent that it involves a foreign
affairs function of the United States.
CBP has determined that these technical
corrections involve a foreign affairs
function of the United States because
they implement preferential tariff
treatment and related provisions of the
NAFTA. In addition, because the
Tracing List’’) implements the NAFTA Annex 403.1
tariff provisions. Within Part V (‘‘Automotive
Goods’’) of the Appendix to part 181, section 9 lists
special NAFTA valuation rules for certain lightduty automotive goods. The section 9 rules are
based on a regional value-content (RVC) calculation
that requires producers and exporters to determine
whether non-originating materials used in the
production of light-duty automotive goods are
‘‘traced materials’’ (i.e., those materials classifiable
under specific HTSUS provisions listed in Annex
403.1 of the NAFTA).
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26829
amendments set forth in this document
are necessary to conform the NAFTA
Rules of Origin Regulations within the
Appendix to 19 CFR part 181 to the
technical corrections to the NAFTA
Uniform Regulations for Chapter Four
and Annex 403.1 agreed to by the U.S.,
Canada, and Mexico, as well as to
systemic revisions to the Harmonized
System, pursuant to 5 U.S.C. 553(b)(B),
CBP finds that good cause exists for
dispensing with notice and public
procedure as unnecessary. For these
reasons, pursuant to 5 U.S.C. 553(a)(1)
and (d)(3), CBP finds that good cause
exists for dispensing with the
requirement for a delayed effective date
and the rulemaking requirements under
the APA do not apply. It is further
noted, that although the APA’s delayed
effective date requirement is
inapplicable to this rulemaking, CBP
has determined to delay the effective
date of these technical rectifications for
a period of 60 days from the date of
publication of this document in the
Federal Register. In consideration of the
fact that two of the amendments to the
CBP regulations correct tariff listings
that have been out of date since 1995,
the delayed effective date is offered by
CBP to allow the trade, if necessary, to
make adjustments to their business
practices.
Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act, as amended
(5 U.S.C. 601 et seq.).
Executive Order 12866
As these amendments to the
regulations reflect technical
rectifications to the NAFTA agreed to by
the United States, Canada, and Mexico,
as well as revisions to the Harmonized
Tariff Schedule of the United States,
they do not meet the criteria for a
‘‘significant regulatory action’’ as
specified in Executive Order 12866.
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
customs revenue functions.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b)(1).
List of Subjects in 19 CFR Part 181
Administrative practice and
procedure, Canada, Customs duties and
inspection, Imports, Mexico, Reporting
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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Rules and Regulations
and recordkeeping requirements, Trade
agreements (North American Free Trade
Agreement).
Amendment to the Regulations
The revisions read as follows:
34 CFR Chapter III
*
Final Waiver and Extension of the
Project Period; Community Parent
Resource Centers
*
*
*
*
*
*
*
For the reasons stated above, part 181
of title 19 of the Code of Federal
Regulations (19 CFR part 181) is
amended as set forth below.
PART II
PART 181—NORTH AMERICAN FREE
TRADE AGREEMENT
Exceptions
(4) * * *
(i) a non-originating material that is used
in the production of any non-portable gas
stoves or ranges of subheading 7321.11 or
7321.19, subheadings 8415.10, 8415.20
through 8415.83, 8418.10 through 8418.21,
household type refrigerators, other than
electrical absorption type of subheading
8418.29, subheadings 8418.30 through
8418.40, 8421.12, 8422.11, 8450.11 through
8450.20 and 8451.21 through 8451.29 and
tariff items 8479.89.55 (trash compactors)
and 8516.60.40 (electric stoves or ranges);
1. The general and specific authority
citations for part 181 continue to read as
follows:
■
Authority: 19 U.S.C. 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the
United States), 1624, 3314.
*
*
*
*
*
2. In the Appendix to part 181:
a. Part II, Section 5, under the heading
‘‘Exceptions,’’ subsection 4(i) is revised;
■ b. Part III, Section 6, under the
heading ‘‘Net Cost Method Required in
Certain Circumstances,’’ subsection
(6)(d)(iv) is amended by removing
‘‘subheading 8469.11’’ and adding in its
place ‘‘heading 8469’’;
■ c. Part VI, Section 16, under the
heading ‘‘Exceptions for Certain
Goods,’’ subsection (3) is revised;
■ d. In Schedule IV:
■ i. Remove the listing ‘‘8407.34.05,
8407.34.15 and 8407.34.25’’ and add in
its place the listing ‘‘8407.34.05,
8407.34.14, 8407.34.18 and 8407.34.25’’;
■ ii. Remove the listing ‘‘8407.34.35,
8407.34.45 and 8407.34.55’’ and add in
its place the listing ‘‘8407.34.35,
8407.34.44, 8407.34.48 and 8407.34.55’’;
■ iii. Remove the listing ‘‘8519.93’’ and
add in its place the listing ‘‘ex 8519.81’’;
■ iv. Remove the listing ‘‘8708.29.10 ’’;
■ v. Remove the listing ‘‘8708.29.20’’
and add in its place the listing
‘‘8708.29.21 and 8708.29.25’’;
■ vi. Remove the listing ‘‘8708.39’’ and
add in its place the listing ‘‘8708.30’’;
■ vii. Remove the listing ‘‘8708.60’’;
■ viii. Add in numerical order the
listing ‘‘8708.95’’;
■ ix. Remove the listing ‘‘8708.99.09,
8708.99.34 and 8708.99.61’’;
■ x. Remove the listing ‘‘8708.99.12,
8708.99.37 and 8708.99.64’’;
■ xi. Remove the listing ‘‘8708.99.15,
8708.99.40 and 8708.99.67’’ and add in
its place the listing ‘‘8708.99.16,
8708.99.41 and 8708.99.68’’;
■ xii. Remove the listing ‘‘8708.99.18,
8708.99.43 and 8708.99.70’’;
■ xiii. Remove the listing ‘‘8708.99.21,
8708.99.46 and 8708.99.73’’;
■ xiv. Remove the listing ‘‘8708.99.24,
8708.99.49 and 8708.99.80; and
■ xv. Add in numerical order the listing
‘‘8708.99.23, 8708.99.48 and
8708.99.81’’.
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■
■
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DEPARTMENT OF EDUCATION
Appendix to Part 181—Rules of Origin
Regulations
*
*
SECTION 5. DE MINIMIS
*
*
*
*
*
*
*
*
[Catalog of Federal Domestic Assistance
(CFDA) Number: 84.328C]
*
*
PART VI
SECTION 16. TRANSSHIPMENT
*
*
*
*
*
Exceptions for Certain Goods
(3) Subsection (1) does not apply with
respect to:
(a) a ‘‘smart card’’ of subheading 8523.52,
containing a single integrated circuit, where
any further production or other operation
that that good undergoes outside the
territories of the NAFTA countries does not
result in a change in the tariff classification
of the good to any other subheading;
(b) a good of any of subheadings 8541.10
through 8541.60 or subheadings 8542.31
through 8542.39, where any further
production or other operation that that good
undergoes outside the territories of the
NAFTA countries does not result in a change
in the tariff classification of the good to a
subheading outside subheadings 8541.10
through 8542.90;
(c) an electronic microassembly of
subheading 8543.70, where any further
production or other operation that that good
undergoes outside the territories of the
NAFTA countries does not result in a change
in the tariff classification of the good to any
other subheading; or
(d) an electronic microassembly of
subheading 8548.90, where any further
production or other operation that that good
undergoes outside the territories of the
NAFTA countries does not result in a change
in the tariff classification of the good to any
other subheading.
*
*
*
*
*
R. Gil Kerlikowske,
Commissioner.
Approved: May 5, 2015.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2015–11291 Filed 5–8–15; 8:45 am]
BILLING CODE 9111–14–P
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Office of Special Education
Programs (OSEP), Office of Special
Education and Rehabilitative Services,
Department of Education.
ACTION: Final waiver and extension of
the project period.
AGENCY:
For the nine currently funded
Community Parent Resource Centers
(CPRCs), the Secretary waives the
requirements that generally prohibit
project periods exceeding five years and
extensions of project periods involving
the obligation of additional Federal
funds. This waiver and extension of the
project period enables these nine CPRCs
to receive funding from October 1, 2015,
through September 30, 2016. Further,
the waiver and extension of the project
period mean that we will not announce
a new competition or make new awards
in fiscal year (FY) 2015.
DATES: The waiver and extension of the
project period are effective May 11,
2015.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Carmen Sanchez, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 4057, Potomac Center Plaza,
Washington, DC 20202–2600.
Telephone: (202) 245–6595.
If you use a telecommunications
device for the deaf or a text telephone,
call the Federal Relay Service, toll free,
at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: On March
9, 2015, we published a notice in the
Federal Register (78 FR 46860)
proposing an extension of project period
and a waiver of 34 CFR 75.250 and
75.261(a) and (c)(2) in order to—
(1) Enable the Secretary to provide
additional funds to the currently funded
CPRCs for an additional 12-month
project period, from October 1, 2015,
through September 30, 2016; and
(2) Request comments on the
proposed extension of project period
and waiver.
There are no substantive differences
between the proposed waiver and
extension and the final waiver and
extension.
Public Comment
In response to our invitation in the
notice of proposed waiver and extension
of the project period, we did not receive
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]]>Agencies
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Rules and Regulations]
[Pages 26828-26830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11291]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 181
[CBP Dec. 15-07]
RIN 1515-AE04
Technical Corrections to the North American Free Trade Agreement
Uniform Regulations
AGENCIES: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document sets forth amendments to the Customs and Border
Protection regulations that implement the preferential tariff treatment
and other customs-related provisions of the North American Free Trade
Agreement (NAFTA) entered into by the United States, Canada, and
Mexico. The amendments reflect technical rectifications to the NAFTA
Uniform Regulations agreed upon by the three NAFTA Parties, as well as
corrections necessitated by changes to the Harmonized Tariff Schedule
of the United States. The conforming amendments are required to
maintain the United States' obligations under the NAFTA and to ensure
that NAFTA traders operate under a uniform tariff and rules of origin
regime. The amendments set forth in this document involve no
substantive interpretation of the NAFTA or change in policy.
DATES: The corrections are effective July 10, 2015.
FURTHER INFORMATION CONTACT: Craig T. Clark, Director, Textile and
Trade Agreements Division, Office of International Trade, Customs and
Border Protection, Tel. (202) 863-6657.
SUPPLEMENTARY INFORMATION:
Background
North American Free Trade Agreement
On December 17, 1992, the United States, Canada, and Mexico entered
into the North American Free Trade Agreement (NAFTA) which, among other
things, provides for preferential duty treatment on goods of those
three countries. The North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057, was signed into law by the
United States on December 8, 1993. For purposes of administration of
the NAFTA preferential duty provisions, the three countries agreed to
the adoption of verbatim NAFTA Rules of Origin Regulations and
additional uniform regulatory standards to be followed by each country
in promulgating NAFTA implementing regulations under its national law.
NAFTA Rules of Origin Regulations
The regulations implementing the NAFTA preferential duty and
related provisions under United States law are set forth in part 181 of
title 19 of the Code of Federal Regulations (19 CFR part 181) which
incorporates, in the Appendix, the verbatim NAFTA Rules of Origin
Regulations. The NAFTA rules of origin are structured primarily in
terms of prescribed changes in tariff classification, with some goods
also subject to a content requirement.
Technical Rectifications to the NAFTA Rule of Origin Regulations Agreed
to by the United States, Canada, and Mexico
On April 9, 2009, the United States Trade Representative, the
Canadian
[[Page 26829]]
Minister of International Trade, and the Mexican Secretary of the
Economy (Parties) agreed, in an Exchange of Letters, to make certain
technical rectifications to the NAFTA Uniform Regulations for Chapter
Four and Annex 403.1, subject to the completion of each Party's
domestic legal procedures. These technical rectifications are set forth
in Appendices 6 and 4, respectively, to the April 9, 2009 Exchange of
Letters. The technical rectifications were necessitated by systemic
revisions to the international Harmonized Commodity Description and
Coding System (Harmonized System) and the implementation of these
changes into each Party's national domestic tariff law, effective 2007.
In Presidential Proclamation 8097 of December 29, 2006, the President
proclaimed modifications to the Harmonized Tariff Schedule of the
United States (HTSUS) to reflect the revisions to the Harmonized System
(HS).
The technical rectifications to the NAFTA Uniform Regulations for
Chapter Four and Annex 403.1 do not constitute policy or substantive
changes to the NAFTA and have the sole purpose of maintaining
consistency between the NAFTA Annexes and each of the signatory
countries' tariff laws. The conforming amendments set forth in this
document implement these technical rectifications by updating the HTSUS
tariff provisions in the Appendix to part 181 of 19 CFR and are
necessary to maintain the United States' obligations under the NAFTA
and to ensure that NAFTA traders operate under a uniform tariff and
rules of origin regime.
To effect the agreed upon numerical and text changes to the NAFTA
Rules of Origin Regulations for the United States, technical
rectifications are made to the following provisions within the Appendix
to 19 CFR part 181:
Part II, Section 5, subsection (4)(i), pertaining to
exceptions to the de minimis rule for non-originating materials that do
not undergo, subject to authorization, a required tariff change.
Part III, Section 6, subsection (6)(d)(iv), pertaining to
regional value content and application of the net cost method in
certain circumstances.
Part VI, Section 16, subsection (3), pertaining to
exceptions to transshipment rules for certain goods.
Schedule IV, pertaining to the list of tariff provisions
for the purposes of section 9 of the Appendix.\1\
---------------------------------------------------------------------------
\1\ Schedule IV of the Appendix to part 181 of 19 CFR (``List of
Tariff Provisions for the Purposes of Section 9 of the Appendix'' or
commonly referred to as the ``Schedule IV Light-Duty Automotive
Tracing List'') implements the NAFTA Annex 403.1 tariff provisions.
Within Part V (``Automotive Goods'') of the Appendix to part 181,
section 9 lists special NAFTA valuation rules for certain light-duty
automotive goods. The section 9 rules are based on a regional value-
content (RVC) calculation that requires producers and exporters to
determine whether non-originating materials used in the production
of light-duty automotive goods are ``traced materials'' (i.e., those
materials classifiable under specific HTSUS provisions listed in
Annex 403.1 of the NAFTA).
---------------------------------------------------------------------------
Additional Technical Corrections to the Schedule IV Light-Duty
Automotive Tracing List Necessitated by Pre-2007 Revisions to the HTSUS
In addition to the technical rectifications trilaterally agreed to
by the NAFTA Parties in the 2009 Exchange of Letters, described above,
this document makes additional technical corrections to the Schedule IV
light-duty automotive tracing list within the Appendix to 19 CFR part
181 to reflect pre-2007 modifications to the HTSUS. As noted above, the
HTSUS is periodically updated to reflect systemic revisions to the HS.
The periodic revisions to the HTSUS result in certain tariff provisions
being added or removed, or certain goods being transferred to different
or newly-created tariff provisions. As a result of pre-2007 systemic
HTSUS revisions, the existing Schedule IV light-duty automotive tracing
list in the Appendix to part 181 contains outdated tariff provisions
that are no longer consistent with Annex 403.1 of the NAFTA. This
document makes technical corrections to the numerical tariff references
in the tracing list so as to conform to the current version of the
HTSUS and maintain the United States' obligations under the NAFTA.
Inapplicability of the Administrative Procedure Act
Under the Administrative Procedure Act (APA) (5 U.S.C. 553),
agencies generally are required to publish a notice of proposed
rulemaking in the Federal Register that solicits public comment on the
proposed regulatory amendments, consider public comments in deciding on
the content of the final amendments, and publish the final amendments
at least 30 days prior to their effective date. Section 553(a)(1) of
the APA provides that the standard prior notice and comment procedures
do not apply to an agency rulemaking to the extent that it involves a
foreign affairs function of the United States. CBP has determined that
these technical corrections involve a foreign affairs function of the
United States because they implement preferential tariff treatment and
related provisions of the NAFTA. In addition, because the amendments
set forth in this document are necessary to conform the NAFTA Rules of
Origin Regulations within the Appendix to 19 CFR part 181 to the
technical corrections to the NAFTA Uniform Regulations for Chapter Four
and Annex 403.1 agreed to by the U.S., Canada, and Mexico, as well as
to systemic revisions to the Harmonized System, pursuant to 5 U.S.C.
553(b)(B), CBP finds that good cause exists for dispensing with notice
and public procedure as unnecessary. For these reasons, pursuant to 5
U.S.C. 553(a)(1) and (d)(3), CBP finds that good cause exists for
dispensing with the requirement for a delayed effective date and the
rulemaking requirements under the APA do not apply. It is further
noted, that although the APA's delayed effective date requirement is
inapplicable to this rulemaking, CBP has determined to delay the
effective date of these technical rectifications for a period of 60
days from the date of publication of this document in the Federal
Register. In consideration of the fact that two of the amendments to
the CBP regulations correct tariff listings that have been out of date
since 1995, the delayed effective date is offered by CBP to allow the
trade, if necessary, to make adjustments to their business practices.
Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601
et seq.).
Executive Order 12866
As these amendments to the regulations reflect technical
rectifications to the NAFTA agreed to by the United States, Canada, and
Mexico, as well as revisions to the Harmonized Tariff Schedule of the
United States, they do not meet the criteria for a ``significant
regulatory action'' as specified in Executive Order 12866.
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 customs revenue functions. Accordingly,
it is being signed under the authority of 19 CFR 0.1(b)(1).
List of Subjects in 19 CFR Part 181
Administrative practice and procedure, Canada, Customs duties and
inspection, Imports, Mexico, Reporting
[[Page 26830]]
and recordkeeping requirements, Trade agreements (North American Free
Trade Agreement).
Amendment to the Regulations
For the reasons stated above, part 181 of title 19 of the Code of
Federal Regulations (19 CFR part 181) is amended as set forth below.
PART 181--NORTH AMERICAN FREE TRADE AGREEMENT
0
1. The general and specific authority citations for part 181 continue
to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 3314.
* * * * *
0
2. In the Appendix to part 181:
0
a. Part II, Section 5, under the heading ``Exceptions,'' subsection
4(i) is revised;
0
b. Part III, Section 6, under the heading ``Net Cost Method Required in
Certain Circumstances,'' subsection (6)(d)(iv) is amended by removing
``subheading 8469.11'' and adding in its place ``heading 8469'';
0
c. Part VI, Section 16, under the heading ``Exceptions for Certain
Goods,'' subsection (3) is revised;
0
d. In Schedule IV:
0
i. Remove the listing ``8407.34.05, 8407.34.15 and 8407.34.25'' and add
in its place the listing ``8407.34.05, 8407.34.14, 8407.34.18 and
8407.34.25'';
0
ii. Remove the listing ``8407.34.35, 8407.34.45 and 8407.34.55'' and
add in its place the listing ``8407.34.35, 8407.34.44, 8407.34.48 and
8407.34.55'';
0
iii. Remove the listing ``8519.93'' and add in its place the listing
``ex 8519.81'';
0
iv. Remove the listing ``8708.29.10 '';
0
v. Remove the listing ``8708.29.20'' and add in its place the listing
``8708.29.21 and 8708.29.25'';
0
vi. Remove the listing ``8708.39'' and add in its place the listing
``8708.30'';
0
vii. Remove the listing ``8708.60'';
0
viii. Add in numerical order the listing ``8708.95'';
0
ix. Remove the listing ``8708.99.09, 8708.99.34 and 8708.99.61'';
0
x. Remove the listing ``8708.99.12, 8708.99.37 and 8708.99.64'';
0
xi. Remove the listing ``8708.99.15, 8708.99.40 and 8708.99.67'' and
add in its place the listing ``8708.99.16, 8708.99.41 and 8708.99.68'';
0
xii. Remove the listing ``8708.99.18, 8708.99.43 and 8708.99.70'';
0
xiii. Remove the listing ``8708.99.21, 8708.99.46 and 8708.99.73'';
0
xiv. Remove the listing ``8708.99.24, 8708.99.49 and 8708.99.80; and
0
xv. Add in numerical order the listing ``8708.99.23, 8708.99.48 and
8708.99.81''.
The revisions read as follows:
Appendix to Part 181--Rules of Origin Regulations
* * * * *
PART II
* * * * *
SECTION 5. DE MINIMIS
* * * * *
Exceptions
(4) * * *
(i) a non-originating material that is used in the production of
any non-portable gas stoves or ranges of subheading 7321.11 or
7321.19, subheadings 8415.10, 8415.20 through 8415.83, 8418.10
through 8418.21, household type refrigerators, other than electrical
absorption type of subheading 8418.29, subheadings 8418.30 through
8418.40, 8421.12, 8422.11, 8450.11 through 8450.20 and 8451.21
through 8451.29 and tariff items 8479.89.55 (trash compactors) and
8516.60.40 (electric stoves or ranges);
* * * * *
PART VI
SECTION 16. TRANSSHIPMENT
* * * * *
Exceptions for Certain Goods
(3) Subsection (1) does not apply with respect to:
(a) a ``smart card'' of subheading 8523.52, containing a single
integrated circuit, where any further production or other operation
that that good undergoes outside the territories of the NAFTA
countries does not result in a change in the tariff classification
of the good to any other subheading;
(b) a good of any of subheadings 8541.10 through 8541.60 or
subheadings 8542.31 through 8542.39, where any further production or
other operation that that good undergoes outside the territories of
the NAFTA countries does not result in a change in the tariff
classification of the good to a subheading outside subheadings
8541.10 through 8542.90;
(c) an electronic microassembly of subheading 8543.70, where any
further production or other operation that that good undergoes
outside the territories of the NAFTA countries does not result in a
change in the tariff classification of the good to any other
subheading; or
(d) an electronic microassembly of subheading 8548.90, where any
further production or other operation that that good undergoes
outside the territories of the NAFTA countries does not result in a
change in the tariff classification of the good to any other
subheading.
* * * * *
R. Gil Kerlikowske,
Commissioner.
Approved: May 5, 2015.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2015-11291 Filed 5-8-15; 8:45 am]
BILLING CODE 9111-14-P
