Technical Corrections to U.S. Customs and Border Protection Regulations, 35064-35065 [2017-15888]

Download as PDF 35064 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations EDGAR will no longer provide support for the US–GAAP–2015, EXCH– 2015, CURRENCY–2014, and COUNTRY–2013 taxonomies. Please see https://www.sec.gov/info/edgar/edgar taxonomies.shtml for a complete list of supported standard taxonomies. Along with the adoption of the Filer Manual, we are amending Rule 301 of Regulation S–T to provide for the incorporation by reference into the Code of Federal Regulations of these revisions. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The updated EDGAR Filer Manual will be available for Web site viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/ edgar/edmanuals.htm. You may also obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Since the Filer Manual and the corresponding rule changes relate solely to agency procedures or practice, publication for notice and comment is not required under the Administrative Procedure Act (‘‘APA’’).5 It follows that the requirements of the Regulatory Flexibility Act 6 do not apply. The effective date for the updated Filer Manual and the rule amendments is July 28, 2017. In accordance with the APA,7 we find that there is good cause to establish an effective date less than 30 days after publication of these rules. The EDGAR system upgrade to Release 17.2 is scheduled to become available on July 17, 2017. The Commission believes that establishing an effective date less than 30 days after publication of these rules is necessary to coordinate the effectiveness of the updated Filer Manual with these system upgrades. asabaliauskas on DSKBBXCHB2PROD with RULES Statutory Basis We are adopting the amendments to Regulation S–T under Sections 6, 7, 8, 10, and 19(a) of the Securities Act of 1933,8 Sections 3, 12, 13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,9 Section 319 of the Trust Indenture Act of 1939,10 and Sections 8, 30, 31, and 38 of the Investment Company Act of 1940.11 55 U.S.C. 553(b)(A). U.S.C. 601–612. 7 5 U.S.C. 553(d)(3). 8 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a). 9 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll. 10 15 U.S.C. 77sss. 11 15 U.S.C. 80a–8, 80a–29, 80a–30, and 80a–37. 65 VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 List of Subjects in 17 CFR Part 232 Incorporation by reference, Reporting and recordkeeping requirements, Securities. Dated: July 6, 2017. By the Commission. Brent J. Fields, Secretary. Text of the Amendment In accordance with the foregoing, title 17, chapter II of the Code of Federal Regulations is amended as follows: [FR Doc. 2017–15862 Filed 7–27–17; 8:45 am] PART 232—REGULATION S–T— GENERAL RULES AND REGULATIONS FOR ELECTRONIC FILINGS 1. The authority citation for part 232 continues to read in part as follows: ■ Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z–3, 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a–6(c), 80a–8, 80a–29, 80a–30, 80a–37, and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise noted. * * * * * 2. Section 232.301 is revised to read as follows: ■ § 232.301 EDGAR Filer Manual. Filers must prepare electronic filings in the manner prescribed by the EDGAR Filer Manual, promulgated by the Commission, which sets out the technical formatting requirements for electronic submissions. The requirements for becoming an EDGAR Filer and updating company data are set forth in the updated EDGAR Filer Manual, Volume I: ‘‘General Information,’’ Version 28 (July 2017). The requirements for filing on EDGAR are set forth in the updated EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 42 (July 2017). All of these provisions have been incorporated by reference into the Code of Federal Regulations, which action was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You must comply with these requirements in order for documents to be timely received and accepted. The EDGAR Filer Manual is available for Web site viewing and printing; the address for the Filer Manual is https://www.sec.gov/info/ edgar/edmanuals.htm. You can obtain paper copies of the EDGAR Filer Manual from the following address: Public Reference Room, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 BILLING CODE 8011–01–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 159 and 181 [CBP Dec. 17–08] Technical Corrections to U.S. Customs and Border Protection Regulations U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: U.S. Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are current, correct, and consistent. Through this review process, CBP discovered some discrepancies. This document amends certain sections of title 19 of the Code of Federal Regulations to remedy these discrepancies. SUMMARY: DATES: The final rule is effective July 28, 2017. FOR FURTHER INFORMATION CONTACT: Grace A. Kim, Regulations and Rulings, Office of Trade, (202) 325–7941. SUPPLEMENTARY INFORMATION: Background It is the policy of U.S. Customs and Border Protection (CBP) to periodically review title 19 of the Code of Federal Regulations (19 CFR) to ensure that it is accurate and up-to-date so that the importing and general public is aware of CBP programs, requirements, and procedures regarding import-related activities. As part of this review policy, CBP has determined that certain corrections to 19 CFR parts 159 and 181 are necessary. Discussion of Changes Part 159 Section 159.58 (19 CFR 159.58) concerns the suspension of liquidation by CBP when there are antidumping and countervailing duty determinations. The references to part 353 of title 19 CFR in 19 CFR 159.58(a) and to part 355 of title 19 CFR in 19 CFR 159.58(b) are incorrect. On May 19, 1997, the U.S. E:\FR\FM\28JYR1.SGM 28JYR1 Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations Department of Commerce revised its regulations on antidumping and countervailing duty proceedings to conform to the Uruguay Round Agreements Act (62 FR 27296) (May 19, 1997) which resulted in a new part 351 and the deletion of parts 353 and 355. Accordingly, this document makes conforming changes to §§ 159.58(a) and 159.58(b) to reflect this revision. Part 181 Subpart D of Part 181 of title 19 deals with post-importation duty refund claims under the North American Free Trade Agreement (NAFTA). Section 181.33(d)(1) lists instances wherein a port director may deny a postimportation duty refund claim for preferential tariff treatment for imported goods under the NAFTA, and it references § 181.32(b)(3) in the context of the validity of a Certificate of Origin. This is not the correct reference. The proper reference should be to § 181.32(b)(2), which references the requirement to file a Certificate of Origin with respect to the imported goods. Accordingly, this document makes changes to § 181.33(d)(1) to reference § 181.32(b)(2) instead of § 181.32(b)(3). Inapplicability of Notice and Delayed Effective Date As the technical corrections set forth in this document merely conform to existing law and regulation, CBP finds that good cause exists for dispensing with notice and public procedure as unnecessary under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C. 553(d)(3), CBP finds that good cause exists for dispensing with the requirement for a delayed effective date. 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 (5 U.S.C. 601 et seq.). asabaliauskas on DSKBBXCHB2PROD with RULES Executive Order 12866 These amendments do not meet the criteria for a ‘‘significant regulatory action’’ as specified in Executive Order 12866, as supplemented by Executive Order 13563. Signing Authority This document is limited to technical corrections of the CBP regulations. Accordingly, it is being signed under the authority of 19 CFR 0.1(b)(1). VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 List of Subjects DEPARTMENT OF HEALTH AND HUMAN SERVICES 19 CFR Part 159 Alcohol and alcohol beverages, Antidumping (Liquidation of duties), Cigars and cigarettes, Computer technology, Countervailing duties (Liquidation of duties), Customs duties and inspection, Discriminating duties, Entry procedures, Foreign currencies, Import, Liquidation of entries for merchandise, Suspension of liquidation pending disposition of American manufacturer’s cause of action, Value content. 19 CFR Part 181 Administrative practice and procedure, Canada, Customs duties and inspection, Exports, Imports, Mexico, Reporting and recordkeeping requirements, Trade agreements (North American Free-Trade Agreements). Amendments to the Regulations For the reasons set forth above, parts 159 and 181 of the CBP regulations (19 CFR parts 159 and 181) are amended as set forth below. PART 159—LIQUIDATION OF DUTIES 1. The general authority citation for part 159 continues to read as follows: ■ Authority: 19 U.S.C. 66, 1500, 1504, 1624. * * § 159.58 * * * [Amended] 2. Section 159.58 is amended: a. In paragraph (a) by removing the term ‘‘part 353’’ and adding in its place the term ‘‘part 351’’; and ■ b. In paragraph (b) by removing the term ‘‘part 355’’ and adding in its place the term ‘‘part 351’’. ■ ■ PART 181—NORTH AMERICAN FREE TRADE AGREEMENT 3. The authority citation for part 181 continues to read as follows: ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624, 3314. Subpart D of part 181 also issued under 19 U.S.C. 1520(d). § 181.33 [Amended] 4. Section 181.33(d)(1) is amended by removing the citation ‘‘§ 181.32(b)(3)’’ and adding in its place the citation ‘‘§ 181.32(b)(2)’’. ■ Dated: July 24, 2017. Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection. [FR Doc. 2017–15888 Filed 7–27–17; 8:45 am] BILLING CODE 9111–14–P PO 00000 Frm 00009 35065 Fmt 4700 Sfmt 4700 Food and Drug Administration 21 CFR Part 870 [Docket No. FDA–2017–N–1620] Medical Devices; Cardiovascular Devices; Classification of the Adjunctive Cardiovascular Status Indicator AGENCY: Food and Drug Administration, HHS. ACTION: Final order. The Food and Drug Administration (FDA) is classifying the adjunctive cardiovascular status indicator into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the adjunctive cardiovascular status indicator’s classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. DATES: This order is effective July 28, 2017. The classification was applicable on December 21, 2016. FOR FURTHER INFORMATION CONTACT: Nathalie Yarkony, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1254, Silver Spring, MD 20993–0002, 301–796–1235, nathalie.yarkony@fda.hhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976 (the date of enactment of the Medical Device Amendments of 1976), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval unless and until the device is classified or reclassified into class I or II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the FD&C Act, to a predicate device that does not require premarket approval. The Agency determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the FD&C Act (21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations. E:\FR\FM\28JYR1.SGM 28JYR1

Agencies

[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35064-35065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15888]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Parts 159 and 181

[CBP Dec. 17-08]


Technical Corrections to U.S. Customs and Border Protection 
Regulations

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: U.S. Customs and Border Protection (CBP) periodically reviews 
its regulations to ensure that they are current, correct, and 
consistent. Through this review process, CBP discovered some 
discrepancies. This document amends certain sections of title 19 of the 
Code of Federal Regulations to remedy these discrepancies.

DATES: The final rule is effective July 28, 2017.

FOR FURTHER INFORMATION CONTACT: Grace A. Kim, Regulations and Rulings, 
Office of Trade, (202) 325-7941.

SUPPLEMENTARY INFORMATION:

Background

    It is the policy of U.S. Customs and Border Protection (CBP) to 
periodically review title 19 of the Code of Federal Regulations (19 
CFR) to ensure that it is accurate and up-to-date so that the importing 
and general public is aware of CBP programs, requirements, and 
procedures regarding import-related activities. As part of this review 
policy, CBP has determined that certain corrections to 19 CFR parts 159 
and 181 are necessary.

Discussion of Changes

Part 159

    Section 159.58 (19 CFR 159.58) concerns the suspension of 
liquidation by CBP when there are antidumping and countervailing duty 
determinations. The references to part 353 of title 19 CFR in 19 CFR 
159.58(a) and to part 355 of title 19 CFR in 19 CFR 159.58(b) are 
incorrect. On May 19, 1997, the U.S.

[[Page 35065]]

Department of Commerce revised its regulations on antidumping and 
countervailing duty proceedings to conform to the Uruguay Round 
Agreements Act (62 FR 27296) (May 19, 1997) which resulted in a new 
part 351 and the deletion of parts 353 and 355. Accordingly, this 
document makes conforming changes to Sec. Sec.  159.58(a) and 159.58(b) 
to reflect this revision.

Part 181

    Subpart D of Part 181 of title 19 deals with post-importation duty 
refund claims under the North American Free Trade Agreement (NAFTA). 
Section 181.33(d)(1) lists instances wherein a port director may deny a 
post-importation duty refund claim for preferential tariff treatment 
for imported goods under the NAFTA, and it references Sec.  
181.32(b)(3) in the context of the validity of a Certificate of Origin. 
This is not the correct reference. The proper reference should be to 
Sec.  181.32(b)(2), which references the requirement to file a 
Certificate of Origin with respect to the imported goods. Accordingly, 
this document makes changes to Sec.  181.33(d)(1) to reference Sec.  
181.32(b)(2) instead of Sec.  181.32(b)(3).

Inapplicability of Notice and Delayed Effective Date

    As the technical corrections set forth in this document merely 
conform to existing law and regulation, CBP finds that good cause 
exists for dispensing with notice and public procedure as unnecessary 
under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C. 
553(d)(3), CBP finds that good cause exists for dispensing with the 
requirement for a delayed effective date.

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 (5 U.S.C. 601 et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866, as 
supplemented by Executive Order 13563.

Signing Authority

    This document is limited to technical corrections of the CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b)(1).

List of Subjects

19 CFR Part 159

    Alcohol and alcohol beverages, Antidumping (Liquidation of duties), 
Cigars and cigarettes, Computer technology, Countervailing duties 
(Liquidation of duties), Customs duties and inspection, Discriminating 
duties, Entry procedures, Foreign currencies, Import, Liquidation of 
entries for merchandise, Suspension of liquidation pending disposition 
of American manufacturer's cause of action, Value content.

19 CFR Part 181

    Administrative practice and procedure, Canada, Customs duties and 
inspection, Exports, Imports, Mexico, Reporting and recordkeeping 
requirements, Trade agreements (North American Free-Trade Agreements).

Amendments to the Regulations

    For the reasons set forth above, parts 159 and 181 of the CBP 
regulations (19 CFR parts 159 and 181) are amended as set forth below.

PART 159--LIQUIDATION OF DUTIES

0
1. The general authority citation for part 159 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1500, 1504, 1624.
* * * * *


Sec.  159.58  [Amended]

0
2. Section 159.58 is amended:
0
a. In paragraph (a) by removing the term ``part 353'' and adding in its 
place the term ``part 351''; and
0
b. In paragraph (b) by removing the term ``part 355'' and adding in its 
place the term ``part 351''.

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

0
3. The authority citation for part 181 continues to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624, 3314.
    Subpart D of part 181 also issued under 19 U.S.C. 1520(d).


Sec.  181.33  [Amended]

0
4. Section 181.33(d)(1) is amended by removing the citation ``Sec.  
181.32(b)(3)'' and adding in its place the citation ``Sec.  
181.32(b)(2)''.

    Dated: July 24, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-15888 Filed 7-27-17; 8:45 am]
BILLING CODE 9111-14-P