Prohibition on Importation of Jadeite or Rubies Mined or Extracted From Burma, and Articles of Jewelry Containing Jadeite or Rubies Mined or Extracted From Burma, 57456-57458 [2016-20057]
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Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations
Country
Entity
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License requirement
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Sekirin Tekstil Ithalat Ihracat le ve Dis
Ticaret Limited Sirketi, a.k.a., the following seven aliases:
—Sekirin Textiles Export Import Limited
Company;
—Al Shakirin International Transport
Company;
—Shakirin Company;
—Shakrin Company;
—Sekirin Ticaret;
—Al Shakirin Company; and
—Sekirin Company.
Savcili Mahalesi Turkmenler Caddesi
No:2, Sahinbey, Gaziantep, Turkey;
and
Sanayi Mahalesi 60214 Nolu Caddesi
No 11, Sehit Kamil, Gaziantep, Turkey (See alternate addresses under
Iraq and Syria).
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Yunus Luqman Yasin Shgragi, a.k.a.,
the following one alias:
—Yunus Sehreci.
Savcili Mahalesi Turkmenler Caddesi
No: 2, Sahinbey, Gaziantep, Turkey;
and
Sanayi Mahalesi 60214 Nolu Caddesi
No 11, SehitKamil, Gaziantep, Turkey.
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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 12 and 163
[Docket No. USCBP–2016–0054; CBP Dec.
16–12]
Effective August 23, 2016.
FOR FURTHER INFORMATION CONTACT:
RIN 1515–AE15
ehiers on DSK5VPTVN1PROD with RULES
DATES:
Prohibition on Importation of Jadeite
or Rubies Mined or Extracted From
Burma, and Articles of Jewelry
Containing Jadeite or Rubies Mined or
Extracted From Burma
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
Jkt 238001
Daniel Collier, Partner Government
Agency Branch, Trade Policy and
Programs, Office of International Trade,
(202) 863–6225, Daniel.Collier@
cbp.dhs.gov; or William Scopa, Branch
Chief, Partner Government Agency
Branch, Trade Policy and Programs,
Office of International Trade, (202) 863–
6554, William.R.Scopa@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
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81 FR [INSERT FR PAGE
NUMBER], 08/23/16.
Presumption of denial.
This document amends the
U.S. Customs and Border Protection
(‘‘CBP’’) regulations to update the
provisions relating to the prohibition on
importation of jadeite or rubies mined
or extracted from Burma, and articles of
jewelry containing jadeite or rubies
mined or extracted from Burma,
following the expiration of the Burmese
Freedom and Democracy Act of 2003, as
amended by the Tom Lantos Block
Burmese JADE (Junta’s Anti-Democratic
Efforts) Act of 2008. The CBP
regulations are amended to reflect the
import prohibitions set forth in
Executive Order 13651 of August 6,
2013.
BILLING CODE 3510–33–P
14:39 Aug 22, 2016
Presumption of denial.
SUMMARY:
[FR Doc. 2016–20142 Filed 8–22–16; 8:45 am]
VerDate Sep<11>2014
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Federal Register citation
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For all items subject to
the EAR. (See § 744.11
of the EAR).
*
Dated: August 17, 2016.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
License review policy
*
81 FR [INSERT FR PAGE
NUMBER], 08/23/16.
*
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Background
On July 28, 2003, the President signed
into law the Burmese Freedom and
Democracy Act of 2003 (Pub. L. 108–61)
(the ‘‘BFDA’’) to sanction the military
junta then ruling Burma. Among other
provisions, the BFDA required the
imposition, subject to annual renewal,
of a ban on the importation into the
United States of any article that is a
product of Burma. To implement the
BFDA, the President issued Executive
Order (‘‘E.O.’’) 13310 (68 FR 44853, July
30, 2003). E.O. 13310 prohibited, among
other things, the importation into the
United States of any article that is a
product of Burma.
On July 29, 2008, the President signed
into law the Tom Lantos Block Burmese
JADE (Junta’s Anti-Democratic Efforts)
Act of 2008 (Pub. L. 110–286) (the
‘‘JADE Act’’), which, among other
things, amended the BFDA to require a
prohibition on the importation into the
United States of jadeite or rubies mined
or extracted from Burma and articles of
jewelry containing such jadeite or
rubies, referred to in the statute as
Burmese covered articles. It also
imposed certain conditions on the
importation into the United States of
jadeite or rubies mined or extracted
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Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations
from a country other than Burma and
articles of jewelry containing such
jadeite or rubies, referred to in the
statute as non-Burmese covered articles.
Section 12.151 of the CBP regulations
(Title 19, Code of Federal Regulations
(‘‘CFR’’), section 12.151) currently
reflects this prohibition on the
importation of jadeite or rubies mined
or extracted from Burma and articles of
jewelry containing such jadeite or rubies
as well as the imposition of certain
conditions on the importation of jadeite
or rubies mined or extracted from a
country other than Burma and articles of
jewelry containing such jadeite or
rubies.
The BFDA, as amended by the JADE
Act, required annual renewal, which
did not occur in 2013. As a result, the
prohibition on the importation of jadeite
or rubies mined or extracted from
Burma and articles of jewelry containing
jadeite or rubies mined or extracted
from Burma and the corresponding
conditions on the importation of jadeite
or rubies mined or extracted from a
country other than Burma and articles of
jewelry containing jadeite or rubies
mined or extracted from a country other
than Burma expired on July 28, 2013.
Subsequently, on August 6, 2013, the
President signed E.O. 13651, titled
‘‘Prohibiting Certain Imports of Burmese
Jadeite and Rubies’’ which prohibits the
importation of any jadeite or rubies
mined or extracted from Burma as well
as any articles of jewelry containing
jadeite or rubies mined or extracted
from Burma. See 78 FR 48793. E.O.
13651 also revoked the sections of E.O.
13310 imposing a prohibition on the
importation into the United States of
any article that is a product of Burma.
As a result, there is no longer a general
ban on importing into the United States
any article that is a product of Burma;
however, the specific ban on jadeite and
rubies mined or extracted from Burma
as well as articles of jewelry containing
jadeite or rubies mined or extracted
from Burma was reinstituted by E.O.
13651.
ehiers on DSK5VPTVN1PROD with RULES
Explanation of Amendments
Part 12
Section 12.151 is amended to reflect
the expiration of the BFDA, as amended
by the JADE Act, and the issuance of
E.O. 13651. The specific authority
citation for section 12.151 is amended
accordingly by removing references to
the BFDA, as amended by the JADE Act,
Presidential Proclamation 8294, signed
on September 26, 2008, and Additional
U.S. Note 4 to Chapter 71 of the U.S.
Harmonized Tariff Schedule (HTSUS),
and adding a reference to the current
VerDate Sep<11>2014
14:39 Aug 22, 2016
Jkt 238001
authority, E.O. 13651, of August 6, 2013
(78 FR 48793). While E.O. 13651 reimposes the prohibition on the
importation of jadeite and rubies mined
or extracted from Burma and articles of
jewelry containing such jadeite and
rubies, it does not impose any
conditions on the importation of jadeite
and rubies mined or extracted from a
country other than Burma or articles of
jewelry containing jadeite or rubies
mined or extracted from a country other
than Burma as the BFDA, as amended
by the JADE Act, did. Accordingly,
section 12.151 is amended by removing
paragraphs (c) through (f) which detail
the certification and recordkeeping
requirements for non-Burmese covered
articles (referred to in section12.151 as
‘‘regulated articles’’).
In addition, the heading to section
12.151 is revised to reflect the
expiration of conditions on nonBurmese covered articles by removing
the words ‘‘and conditions’’. The
heading is further revised to more
specifically refer to jadeite or rubies
mined or extracted from Burma and
articles of jewelry containing jadeite or
rubies mined or extracted from Burma.
The introductory text in paragraph (a)
of section 12.151 is amended to remove
the reference to the Tom Lantos Block
Burmese JADE Act of 2008 (Pub. L. 110–
286) and to cite instead to the current
authority, E.O. 13651 of August 6, 2013
(78 FR 48793). Paragraph (a) is also
amended to reflect the expiration of
conditions on non-Burmese covered
articles by removing the words ‘‘or
conditioned’’. Given that E.O. 13651
does not impose any conditions on jade
or rubies mined or extracted from a
country other than Burma or articles of
jewelry containing jade or rubies mined
or extracted from a country other than
Burma, it is no longer necessary to
distinguish between ‘‘prohibited
articles’’ and ‘‘regulated articles’’. As a
result of the amendments described in
this document, the list of prohibited
articles, which is currently set forth in
paragraph (b), is set forth in revised
paragraph (a). Paragraph (b) is revised to
set forth the exception currently found
in paragraph (g)(1) as E.O. 13651 retains
the exception for prohibition on the
import of Burmese jadeite or rubies or
articles of jewelry containing Burmese
jadeite or rubies that were previously
exported from the United States,
including those that accompanied an
individual outside the United States for
personal use, provided that they are
reimported to the United States by the
same person who exported them,
without having been advanced in value
or improved in condition by any process
or other means while outside the United
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57457
States (E.O. 13651 (78 FR 48793)). Given
that E.O. 13651 does not impose any
conditions on jade or rubies mined or
extracted from a country other than
Burma or articles of jewelry containing
jade or rubies mined or extracted from
a country other than Burma,
subparagraph (g)(2) is removed.
CBP advises parties who plan to
temporarily export any jadeite or rubies
or any article of jewelry containing
jadeite or rubies, whether of Burmese
origin or not, to register those articles
prior to export through CBP Form 4455
(Certificate of Registration), CBP Form
4457 (Certificate of Registration for
Personal Effects Taken Abroad), or a
carnet issued by the U.S. Council for
International Business. If one of these
three documents is not presented to CBP
at the time of re-importation into the
United States, the importer must present
documentary evidence that supports the
claim that the subject articles were
exported and reimported by the same
person without having been advanced
in value or improved in condition by
any process or other means while
outside the United States. Without such
documentation, the articles are subject
to seizure by CBP.
Part 163
The list of records and information
required for the entry of merchandise
appearing in the Appendix to Part 163
(commonly known as the (a)(1)(A) List)
is amended to remove the records
previously required to support the
certification of non-Burmese covered
articles under section 3A(c)(1) of the
BFDA.
Inapplicability of Prior Public Notice
and Delayed Effective Date
This document amends the
regulations to reflect Executive Order
13651 of August 6, 2013. Because this
regulation merely removes expired
statutory requirements and inserts the
new legal authority for the continuing
import prohibition, CBP has
determined, pursuant to the provisions
of 5 U.S.C. 553(b)(B), that prior public
notice and comment procedures on this
regulation are impracticable and
contrary to the public interest and that
there is good cause for this rule to
become effective immediately upon
publication. For these reasons, pursuant
to the provision of 5 U.S.C. 553(d)(3),
CBP finds that there is good cause for
dispensing with a delayed effective
date.
Executive Orders 13563 and 12866
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
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Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Rules and Regulations
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, the Office of
Management and Budget has not
reviewed this regulation.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), as amended by the
Small Business Regulatory Enforcement
and Fairness Act of 1996, requires an
agency to prepare and make available to
the public a regulatory flexibility
analysis that describes the effect of a
proposed rule on small entities (i.e.,
small businesses, small organizations,
and small governmental jurisdictions)
when the agency is required to publish
a general notice of proposed rulemaking
for a rule. As a general notice of
proposed rulemaking is not necessary
for this rule, CBP is not required to
prepare a regulatory flexibility analysis
for this rule.
Paperwork Reduction Act
Under the Paperwork Reduction Act,
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 OMB control number.
The collections of information in this
final rule were previously approved by
the Office of Management and Budget
(OMB) in accordance with the
requirements of the Paperwork
Reduction Act (44 U.S.C. 3507) under
control number 1651–0133. However
this information collection and control
number were discontinued in 2014
when the requirement for submission of
the certification from the exporter was
eliminated.
ehiers on DSK5VPTVN1PROD with RULES
Signing Authority
This 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 12
Customs duties and inspection,
Economic sanctions, Entry of
merchandise, Foreign assets control,
Jadeite, Jewelry, Imports, Licensing,
VerDate Sep<11>2014
14:39 Aug 22, 2016
Jkt 238001
Prohibited merchandise, Reporting and
recordkeeping requirements, Restricted
merchandise, Rubies sanctions.
19 CFR Part 163
Administrative practice and
procedure, Customs duties and
inspection, Exports, Imports, Penalties,
Reporting and recordkeeping
requirements, Trade agreements.
Amendments to the CBP Regulations
For the reasons set forth in the
preamble, parts 12 and 163 of title 19 of
the Code of Federal Regulations (19 CFR
parts 12 and 163) are amended as set
forth below.
PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for
part 12 continues to read, and the
specific authority citation for § 12.151 is
revised to read, as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
(General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)),
1624.
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2. In § 12.151:
a. The heading is revised;
b. Paragraph (a) introductory text is
revised;
■ c. Paragraph (b) is revised; and
■ d. Paragraphs (c) through (g) are
removed.
The revisions read as follows:
■
■
■
§ 12.151 Prohibition on importations of
jadeite or rubies mined or extracted from
Burma, and articles of jewelry containing
jadeite or rubies mined or extracted from
Burma.
(a) General. Except as provided in
paragraph (b) of this section, the
importation into the United States of
jadeite or rubies mined or extracted
from Burma, and articles of jewelry
containing jadeite or rubies mined or
extracted from Burma is prohibited
pursuant to Executive Order (EO) 13651
of August 6, 2013. For purposes of this
section, the following definitions apply:
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(b) Inapplicability. This section does
not apply to Burmese jadeite, rubies,
and articles of jewelry containing
Burmese jadeite or rubies that are
reimported into the United States after
having been previously exported from
the United States, including those that
accompanied an individual outside the
United States for personal use, if they
are reimported into the United States by
the same person who exported them,
Frm 00020
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PART 163—RECORDKEEPING
3. The general 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.
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Appendix to Part 163 [Amended]
4. In the Appendix to part 163, within
section IV, the listing for § 12.151 is
removed.
■
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border
Protection.
Approved: August 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016–20057 Filed 8–22–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE TREASURY
*
Section 12.151 also issued under E.O.
13651 of August 6, 2013, 78 FR 48793.
PO 00000
without having been advanced in value
or improved in condition by any process
or other means while outside the United
States.
Internal Revenue Service
26 CFR Part 1
[TD 9777]
RIN 1545–BG41; RIN 1545–BH38
Arbitrage Guidance for Tax-Exempt
Bonds; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to final regulations (TD
9777) that were published in the
Federal Register on Monday, July 18,
2016 (81 FR 46582). The final
regulations relate to the arbitrage
restrictions under section 148 of the
Internal Revenue Code applicable to taxexempt bonds and other tax-advantaged
bonds issued by State and local
governments.
SUMMARY:
This correction is effective
August 23, 2016 and applicable July 18,
2016.
FOR FURTHER INFORMATION CONTACT:
Spence Hanemann at (202) 317–6980
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
DATES:
Background
The final regulations (TD 9777) that
are the subject of this correction are
under section 148 of the Internal
Revenue Code.
E:\FR\FM\23AUR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Rules and Regulations]
[Pages 57456-57458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20057]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 12 and 163
[Docket No. USCBP-2016-0054; CBP Dec. 16-12]
RIN 1515-AE15
Prohibition on Importation of Jadeite or Rubies Mined or
Extracted From Burma, and Articles of Jewelry Containing Jadeite or
Rubies Mined or Extracted From Burma
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(``CBP'') regulations to update the provisions relating to the
prohibition on importation of jadeite or rubies mined or extracted from
Burma, and articles of jewelry containing jadeite or rubies mined or
extracted from Burma, following the expiration of the Burmese Freedom
and Democracy Act of 2003, as amended by the Tom Lantos Block Burmese
JADE (Junta's Anti-Democratic Efforts) Act of 2008. The CBP regulations
are amended to reflect the import prohibitions set forth in Executive
Order 13651 of August 6, 2013.
DATES: Effective August 23, 2016.
FOR FURTHER INFORMATION CONTACT: Daniel Collier, Partner Government
Agency Branch, Trade Policy and Programs, Office of International
Trade, (202) 863-6225, Daniel.Collier@cbp.dhs.gov; or William Scopa,
Branch Chief, Partner Government Agency Branch, Trade Policy and
Programs, Office of International Trade, (202) 863-6554,
William.R.Scopa@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2003, the President signed into law the Burmese Freedom
and Democracy Act of 2003 (Pub. L. 108-61) (the ``BFDA'') to sanction
the military junta then ruling Burma. Among other provisions, the BFDA
required the imposition, subject to annual renewal, of a ban on the
importation into the United States of any article that is a product of
Burma. To implement the BFDA, the President issued Executive Order
(``E.O.'') 13310 (68 FR 44853, July 30, 2003). E.O. 13310 prohibited,
among other things, the importation into the United States of any
article that is a product of Burma.
On July 29, 2008, the President signed into law the Tom Lantos
Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Pub.
L. 110-286) (the ``JADE Act''), which, among other things, amended the
BFDA to require a prohibition on the importation into the United States
of jadeite or rubies mined or extracted from Burma and articles of
jewelry containing such jadeite or rubies, referred to in the statute
as Burmese covered articles. It also imposed certain conditions on the
importation into the United States of jadeite or rubies mined or
extracted
[[Page 57457]]
from a country other than Burma and articles of jewelry containing such
jadeite or rubies, referred to in the statute as non-Burmese covered
articles. Section 12.151 of the CBP regulations (Title 19, Code of
Federal Regulations (``CFR''), section 12.151) currently reflects this
prohibition on the importation of jadeite or rubies mined or extracted
from Burma and articles of jewelry containing such jadeite or rubies as
well as the imposition of certain conditions on the importation of
jadeite or rubies mined or extracted from a country other than Burma
and articles of jewelry containing such jadeite or rubies.
The BFDA, as amended by the JADE Act, required annual renewal,
which did not occur in 2013. As a result, the prohibition on the
importation of jadeite or rubies mined or extracted from Burma and
articles of jewelry containing jadeite or rubies mined or extracted
from Burma and the corresponding conditions on the importation of
jadeite or rubies mined or extracted from a country other than Burma
and articles of jewelry containing jadeite or rubies mined or extracted
from a country other than Burma expired on July 28, 2013. Subsequently,
on August 6, 2013, the President signed E.O. 13651, titled
``Prohibiting Certain Imports of Burmese Jadeite and Rubies'' which
prohibits the importation of any jadeite or rubies mined or extracted
from Burma as well as any articles of jewelry containing jadeite or
rubies mined or extracted from Burma. See 78 FR 48793. E.O. 13651 also
revoked the sections of E.O. 13310 imposing a prohibition on the
importation into the United States of any article that is a product of
Burma. As a result, there is no longer a general ban on importing into
the United States any article that is a product of Burma; however, the
specific ban on jadeite and rubies mined or extracted from Burma as
well as articles of jewelry containing jadeite or rubies mined or
extracted from Burma was reinstituted by E.O. 13651.
Explanation of Amendments
Part 12
Section 12.151 is amended to reflect the expiration of the BFDA, as
amended by the JADE Act, and the issuance of E.O. 13651. The specific
authority citation for section 12.151 is amended accordingly by
removing references to the BFDA, as amended by the JADE Act,
Presidential Proclamation 8294, signed on September 26, 2008, and
Additional U.S. Note 4 to Chapter 71 of the U.S. Harmonized Tariff
Schedule (HTSUS), and adding a reference to the current authority, E.O.
13651, of August 6, 2013 (78 FR 48793). While E.O. 13651 re-imposes the
prohibition on the importation of jadeite and rubies mined or extracted
from Burma and articles of jewelry containing such jadeite and rubies,
it does not impose any conditions on the importation of jadeite and
rubies mined or extracted from a country other than Burma or articles
of jewelry containing jadeite or rubies mined or extracted from a
country other than Burma as the BFDA, as amended by the JADE Act, did.
Accordingly, section 12.151 is amended by removing paragraphs (c)
through (f) which detail the certification and recordkeeping
requirements for non-Burmese covered articles (referred to in
section12.151 as ``regulated articles'').
In addition, the heading to section 12.151 is revised to reflect
the expiration of conditions on non-Burmese covered articles by
removing the words ``and conditions''. The heading is further revised
to more specifically refer to jadeite or rubies mined or extracted from
Burma and articles of jewelry containing jadeite or rubies mined or
extracted from Burma.
The introductory text in paragraph (a) of section 12.151 is amended
to remove the reference to the Tom Lantos Block Burmese JADE Act of
2008 (Pub. L. 110-286) and to cite instead to the current authority,
E.O. 13651 of August 6, 2013 (78 FR 48793). Paragraph (a) is also
amended to reflect the expiration of conditions on non-Burmese covered
articles by removing the words ``or conditioned''. Given that E.O.
13651 does not impose any conditions on jade or rubies mined or
extracted from a country other than Burma or articles of jewelry
containing jade or rubies mined or extracted from a country other than
Burma, it is no longer necessary to distinguish between ``prohibited
articles'' and ``regulated articles''. As a result of the amendments
described in this document, the list of prohibited articles, which is
currently set forth in paragraph (b), is set forth in revised paragraph
(a). Paragraph (b) is revised to set forth the exception currently
found in paragraph (g)(1) as E.O. 13651 retains the exception for
prohibition on the import of Burmese jadeite or rubies or articles of
jewelry containing Burmese jadeite or rubies that were previously
exported from the United States, including those that accompanied an
individual outside the United States for personal use, provided that
they are reimported to the United States by the same person who
exported them, without having been advanced in value or improved in
condition by any process or other means while outside the United States
(E.O. 13651 (78 FR 48793)). Given that E.O. 13651 does not impose any
conditions on jade or rubies mined or extracted from a country other
than Burma or articles of jewelry containing jade or rubies mined or
extracted from a country other than Burma, subparagraph (g)(2) is
removed.
CBP advises parties who plan to temporarily export any jadeite or
rubies or any article of jewelry containing jadeite or rubies, whether
of Burmese origin or not, to register those articles prior to export
through CBP Form 4455 (Certificate of Registration), CBP Form 4457
(Certificate of Registration for Personal Effects Taken Abroad), or a
carnet issued by the U.S. Council for International Business. If one of
these three documents is not presented to CBP at the time of re-
importation into the United States, the importer must present
documentary evidence that supports the claim that the subject articles
were exported and reimported by the same person without having been
advanced in value or improved in condition by any process or other
means while outside the United States. Without such documentation, the
articles are subject to seizure by CBP.
Part 163
The list of records and information required for the entry of
merchandise appearing in the Appendix to Part 163 (commonly known as
the (a)(1)(A) List) is amended to remove the records previously
required to support the certification of non-Burmese covered articles
under section 3A(c)(1) of the BFDA.
Inapplicability of Prior Public Notice and Delayed Effective Date
This document amends the regulations to reflect Executive Order
13651 of August 6, 2013. Because this regulation merely removes expired
statutory requirements and inserts the new legal authority for the
continuing import prohibition, CBP has determined, pursuant to the
provisions of 5 U.S.C. 553(b)(B), that prior public notice and comment
procedures on this regulation are impracticable and contrary to the
public interest and that there is good cause for this rule to become
effective immediately upon publication. For these reasons, pursuant to
the provision of 5 U.S.C. 553(d)(3), CBP finds that there is good cause
for dispensing with a delayed effective date.
Executive Orders 13563 and 12866
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory
[[Page 57458]]
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, the Office of Management and Budget has not reviewed this
regulation.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996,
requires an agency to prepare and make available to the public a
regulatory flexibility analysis that describes the effect of a proposed
rule on small entities (i.e., small businesses, small organizations,
and small governmental jurisdictions) when the agency is required to
publish a general notice of proposed rulemaking for a rule. As a
general notice of proposed rulemaking is not necessary for this rule,
CBP is not required to prepare a regulatory flexibility analysis for
this rule.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 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 OMB control number. The
collections of information in this final rule were previously approved
by the Office of Management and Budget (OMB) in accordance with the
requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under
control number 1651-0133. However this information collection and
control number were discontinued in 2014 when the requirement for
submission of the certification from the exporter was eliminated.
Signing Authority
This 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 12
Customs duties and inspection, Economic sanctions, Entry of
merchandise, Foreign assets control, Jadeite, Jewelry, Imports,
Licensing, Prohibited merchandise, Reporting and recordkeeping
requirements, Restricted merchandise, Rubies sanctions.
19 CFR Part 163
Administrative practice and procedure, Customs duties and
inspection, Exports, Imports, Penalties, Reporting and recordkeeping
requirements, Trade agreements.
Amendments to the CBP Regulations
For the reasons set forth in the preamble, parts 12 and 163 of
title 19 of the Code of Federal Regulations (19 CFR parts 12 and 163)
are amended as set forth below.
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
1. The general authority citation for part 12 continues to read, and
the specific authority citation for Sec. 12.151 is revised to read, as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Section 12.151 also issued under E.O. 13651 of August 6, 2013,
78 FR 48793.
* * * * *
0
2. In Sec. 12.151:
0
a. The heading is revised;
0
b. Paragraph (a) introductory text is revised;
0
c. Paragraph (b) is revised; and
0
d. Paragraphs (c) through (g) are removed.
The revisions read as follows:
Sec. 12.151 Prohibition on importations of jadeite or rubies mined or
extracted from Burma, and articles of jewelry containing jadeite or
rubies mined or extracted from Burma.
(a) General. Except as provided in paragraph (b) of this section,
the importation into the United States of jadeite or rubies mined or
extracted from Burma, and articles of jewelry containing jadeite or
rubies mined or extracted from Burma is prohibited pursuant to
Executive Order (EO) 13651 of August 6, 2013. For purposes of this
section, the following definitions apply:
* * * * *
(b) Inapplicability. This section does not apply to Burmese
jadeite, rubies, and articles of jewelry containing Burmese jadeite or
rubies that are reimported into the United States after having been
previously exported from the United States, including those that
accompanied an individual outside the United States for personal use,
if they are reimported into the United States by the same person who
exported them, without having been advanced in value or improved in
condition by any process or other means while outside the United
States.
PART 163--RECORDKEEPING
0
3. The general 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. 12.151 is removed.
R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
Approved: August 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-20057 Filed 8-22-16; 8:45 am]
BILLING CODE 9111-14-P
