Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 22352-22353 [2020-08650]
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
1. The general authority citation for
part 24 continues and a new specific
authority is added to read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 58a–
58c, 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C.
3717, 9701; Pub. L. 107–296, 116 Stat. 2135
(6 U.S.C. 1 et seq.).
*
*
*
*
*
Section 24.1a also issued under 19 U.S.C.
1318;
*
*
*
*
*
■ 2. Section 24.1a is added to read as
follows:
khammond on DSKJM1Z7X2PROD with RULES
§ 24.1a Temporary Postponement of
Deadline to Deposit Certain Estimated
Duties, Taxes, and Fees Because of the
COVID–19 National Emergency
(a) General. Pursuant to the authority
of 19 U.S.C. 1318(a), subject to the
conditions in paragraphs (a)(1) through
(4) of this section, the deadline for the
deposit of estimated duties, taxes, and
fees that an importer of record would
ordinarily be obligated to pay as of the
date of entry, or withdrawal from
warehouse, for consumption, of
imported merchandise into the United
States is postponed for a period of 90
days from the date that the deposit
would otherwise have been due. No
interest will accrue for the delayed
deposit of such estimated duties, taxes,
and fees during this 90-day temporary
postponement.
(1) This temporary postponement
applies only to entries, or withdrawals
from warehouse, for consumption, made
on or after March 1, 2020, and no later
than April 30, 2020, by importers of
record with a significant financial
hardship. This temporary postponement
does not permit return of any deposits
of estimated duties, taxes, and/or fees
that have been paid.
(2) An importer will be considered to
have a significant financial hardship if
the operation of such importer is fully
or partially suspended during March or
April 2020 due to orders from a
competent governmental authority
limiting commerce, travel, or group
meetings because of COVID–19, and as
a result of such suspension, the gross
receipts of such importer for March 13–
31, 2020, or April 2020 are less than 60
percent of the gross receipts for the
comparable period in 2019. An eligible
importer need not file additional
documentation with CBP to be eligible
for this relief but must maintain
documentation as part of its books and
records establishing that it meets the
requirements for relief.
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15:57 Apr 21, 2020
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(3) No penalty, liquidated damages
claim, or other sanction will be imposed
for the delayed deposit of estimated
duties, taxes, and fees in accordance
with a deadline postponed under this
section.
(4) This temporary postponement
does not apply to any entry, or
withdrawal from warehouse, for
consumption, or any deposit of
estimated duties, taxes, or fees for the
entry, or withdrawal from warehouse,
for consumption, where the entry
summary includes any merchandise
subject to one or more of the following:
Antidumping duties (assessed pursuant
to 19 U.S.C. 1673 et seq.), countervailing
duties (assessed pursuant to 19 U.S.C.
1671 et seq.), duties assessed pursuant
to Section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862), duties
assessed pursuant to Section 201 of the
Trade Act of 1974 (19 U.S.C. 2251 et
seq.), and duties assessed pursuant to
Section 301 of the Trade Act of 1974 (19
U.S.C. 2411 et seq.).
(b) Time of entry. For entries eligible
for the temporary postponement of
deposits under paragraph (a) of this
section, the requirement to deposit
estimated duties, taxes, and fees for the
purpose of establishing the time of entry
stated in 19 CFR 141.68 is waived.
Mark A. Morgan,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: April 19, 2020.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2020–08618 Filed 4–20–20; 10:30 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Canada
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of continuation of
temporary travel restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security (Secretary) to continue to
temporarily limit the travel of
individuals from Canada into the United
States at land ports of entry along the
United States-Canada border. Such
SUMMARY:
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Fmt 4700
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travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on April 21, 2020 and will remain in
effect until 11:59 p.m. EDT on May 20,
2020.
FOR FURTHER INFORMATION CONTACT:
Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection (CBP) at 202–344–3788.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On March 24, 2020, DHS published
notice of the Secretary’s decision to
temporarily limit the travel of
individuals from Canada into the United
States at land ports of entry along the
United States-Canada border to
‘‘essential travel,’’ as further defined in
that document.1 The document
described the developing circumstances
regarding the COVID–19 pandemic and
stated that, given the outbreak and
continued transmission and spread of
COVID–19 within the United States and
globally, the Secretary had determined
that the risk of continued transmission
and spread of COVID–19 between the
United States and Canada posed a
‘‘specific threat to human life or
national interests.’’ The Secretary’s
action is currently scheduled to expire
at 11:59 p.m. EDT on April 20, 2020.
The Secretary has continued to
monitor and respond to the COVID–19
pandemic. As of April 19, there are over
2.2 million confirmed cases globally,
with over 152,000 confirmed deaths.2
There are over 720,000 confirmed cases
within the United States,3 over 32,000
in Canada,4 and over 6,800 in Mexico.5
Notice of Action
Given the outbreak and continued
transmission and spread of COVID–19
within the United States and globally, I
have determined that the risk of
continued transmission and spread of
1 85 FR 16548 (Mar. 24, 2020). That same day,
DHS also published notice of the Secretary’s
decision to temporarily limit the travel of
individuals from Mexico into the United States at
land ports of entry along the United States-Mexico
border to ‘‘essential travel,’’ as further defined in
that document. 85 FR 16547 (Mar. 24, 2020).
2 WHO, Coronavirus disease 2019 (COVID–19)
Situation Report—90 (Apr. 19, 2020), available at
https://www.who.int/docs/default-source/
coronaviruse/situation-reports/20200419-sitrep-90covid-19.pdf?sfvrsn=551d47fd_4.
3 CDC, Cases of COVID–19 in the U.S. (last
updated Apr. 19, 2020), available at https://
www.cdc.gov/coronavirus/2019-ncov/casesupdates/cases-in-us.html.
4 WHO, Coronavirus disease 2019 (COVID–19)
Situation Report—90 (Apr. 19, 2020).
5 Id.
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
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COVID–19 between the United States
and Canada poses an ongoing ‘‘specific
threat to human life or national
interests.’’
U.S. and Canadian officials have
mutually determined that non-essential
travel between the United States and
Canada poses additional risk of
transmission and spread of COVID–19
and places the populace of both nations
at increased risk of contracting COVID–
19. Moreover, given the sustained
human-to-human transmission of the
virus, returning to previous levels of
travel between the two nations places
the personnel staffing land ports of
entry between the United States and
Canada, as well as the individuals
traveling through these ports of entry, at
increased risk of exposure to COVID–19.
Accordingly, and consistent with the
authority granted in 19 U.S.C.
1318(b)(1)(C) and (b)(2),6 I have
determined that land ports of entry
along the U.S.-Canada border will
continue to suspend normal operations
and will only allow processing for entry
into the United States of those travelers
engaged in ‘‘essential travel,’’ as defined
below. Given the definition of ‘‘essential
travel’’ below, this temporary alteration
in land ports of entry operations should
not interrupt legitimate trade between
the two nations or disrupt critical
supply chains that ensure food, fuel,
medicine, and other critical materials
reach individuals on both sides of the
border.
For purposes of the temporary
alteration in certain designated ports of
entry operations authorized under 19
U.S.C. 1318(b)(1)(C) and (b)(2), travel
6 19 U.S.C. 1318(b)(1)(C) provides that
‘‘[n]otwithstanding any other provision of law, the
Secretary of the Treasury, when necessary to
respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.)
or to a specific threat to human life or national
interests,’’ is authorized to ‘‘take any . . . action
that may be necessary to respond directly to the
national emergency or specific threat.’’ On March
1, 2003, certain functions of the Secretary of the
Treasury were transferred to the Secretary of
Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ‘‘related to
Customs revenue functions’’ were reserved to the
Secretary of the Treasury. To the extent that any
authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated
to the Secretary of Homeland Security. See Treas.
Dep’t Order No. 100–16 (May 15, 2003), 68 FR
28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ‘‘[n]otwithstanding any
other provision of law, the Commissioner of U.S.
Customs and Border Protection, when necessary to
respond to a specific threat to human life or
national interests, is authorized to close temporarily
any Customs office or port of entry or take any other
lesser action that may be necessary to respond to
the specific threat.’’ Congress has vested in the
Secretary of Homeland Security the ‘‘functions of
all officers, employees, and organizational units of
the Department,’’ including the Commissioner of
CBP. 6 U.S.C. 112(a)(3).
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15:57 Apr 21, 2020
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through the land ports of entry and ferry
terminals along the United StatesCanada border shall be limited to
‘‘essential travel,’’ which includes, but
is not limited to—
• U.S. citizens and lawful permanent
residents returning to the United States;
• Individuals traveling for medical
purposes (e.g., to receive medical
treatment in the United States);
• Individuals traveling to attend
educational institutions;
• Individuals traveling to work in the
United States (e.g., individuals working
in the farming or agriculture industry
who must travel between the United
States and Canada in furtherance of
such work);
• Individuals traveling for emergency
response and public health purposes
(e.g., government officials or emergency
responders entering the United States to
support federal, state, local, tribal, or
territorial government efforts to respond
to COVID–19 or other emergencies);
• Individuals engaged in lawful crossborder trade (e.g., truck drivers
supporting the movement of cargo
between the United States and Canada);
• Individuals engaged in official
government travel or diplomatic travel;
• Members of the U.S. Armed Forces,
and the spouses and children of
members of the U.S. Armed Forces,
returning to the United States; and
• Individuals engaged in militaryrelated travel or operations.
The following travel does not fall
within the definition of ‘‘essential
travel’’ for purposes of this
Notification—
• Individuals traveling for tourism
purposes (e.g., sightseeing, recreation,
gambling, or attending cultural events).
At this time, this notification does not
apply to air, freight rail, or sea travel
between the United States and Canada,
but does apply to passenger rail and
ferry travel between the United States
and Canada. These restrictions are
temporary in nature and shall remain in
effect until 11:59 p.m. EDT on May 20,
2020. This notification may be amended
or rescinded prior to that time, based on
circumstances associated with the
specific threat.
The Commissioner of U.S. Customs
and Border Protection (CBP) is hereby
directed to prepare and distribute
appropriate guidance to CBP personnel
on the continued implementation of the
temporary measures set forth in this
Notification. The CBP Commissioner
may determine that other forms of
travel, such as travel in furtherance of
economic stability or social order,
constitute ‘‘essential travel’’ under this
notification. Further, the CBP
Commissioner may, on an
PO 00000
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Fmt 4700
Sfmt 4700
22353
individualized basis and for
humanitarian reasons or for other
purposes in the national interest, permit
the processing of travelers to the United
States not engaged in ‘‘essential travel.’’
The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, is
delegating the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel for
DHS, for purposes of publication in the
Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
[FR Doc. 2020–08650 Filed 4–20–20; 2:00 pm]
BILLING CODE 9112–FP–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel
Restrictions Applicable to Land Ports
of Entry and Ferries Service Between
the United States and Mexico
Office of the Secretary, U.S.
Department of Homeland Security; U.S.
Customs and Border Protection, U.S.
Department of Homeland Security.
ACTION: Notification of continuation of
temporary travel restrictions.
AGENCY:
This document announces the
decision of the Secretary of Homeland
Security (Secretary) to continue to
temporarily limit the travel of
individuals from Mexico into the United
States at land ports of entry along the
United States-Mexico border. Such
travel will be limited to ‘‘essential
travel,’’ as further defined in this
document.
SUMMARY:
These restrictions go into effect
at 12 a.m. Eastern Daylight Time (EDT)
on April 21, 2020, and will remain in
effect until 11:59 p.m. EDT on May 20,
2020.
FOR FURTHER INFORMATION CONTACT:
Alyce Modesto, Office of Field
Operations, U.S. Customs and Border
Protection (CBP) at 202–344–3788.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On March 24, 2020, DHS published
notice of the Secretary’s decision to
temporarily limit the travel of
individuals from Mexico into the United
States at land ports of entry along the
E:\FR\FM\22APR1.SGM
22APR1
]]>Agencies
[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Rules and Regulations]
[Pages 22352-22353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08650]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Canada
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of continuation of temporary travel restrictions.
-----------------------------------------------------------------------
SUMMARY: This document announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the
travel of individuals from Canada into the United States at land ports
of entry along the United States-Canada border. Such travel will be
limited to ``essential travel,'' as further defined in this document.
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight
Time (EDT) on April 21, 2020 and will remain in effect until 11:59 p.m.
EDT on May 20, 2020.
FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field
Operations, U.S. Customs and Border Protection (CBP) at 202-344-3788.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, DHS published notice of the Secretary's decision
to temporarily limit the travel of individuals from Canada into the
United States at land ports of entry along the United States-Canada
border to ``essential travel,'' as further defined in that document.\1\
The document described the developing circumstances regarding the
COVID-19 pandemic and stated that, given the outbreak and continued
transmission and spread of COVID-19 within the United States and
globally, the Secretary had determined that the risk of continued
transmission and spread of COVID-19 between the United States and
Canada posed a ``specific threat to human life or national interests.''
The Secretary's action is currently scheduled to expire at 11:59 p.m.
EDT on April 20, 2020.
---------------------------------------------------------------------------
\1\ 85 FR 16548 (Mar. 24, 2020). That same day, DHS also
published notice of the Secretary's decision to temporarily limit
the travel of individuals from Mexico into the United States at land
ports of entry along the United States-Mexico border to ``essential
travel,'' as further defined in that document. 85 FR 16547 (Mar. 24,
2020).
---------------------------------------------------------------------------
The Secretary has continued to monitor and respond to the COVID-19
pandemic. As of April 19, there are over 2.2 million confirmed cases
globally, with over 152,000 confirmed deaths.\2\ There are over 720,000
confirmed cases within the United States,\3\ over 32,000 in Canada,\4\
and over 6,800 in Mexico.\5\
---------------------------------------------------------------------------
\2\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
90 (Apr. 19, 2020), available at https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200419-sitrep-90-covid-19.pdf?sfvrsn=551d47fd_4.
\3\ CDC, Cases of COVID-19 in the U.S. (last updated Apr. 19,
2020), available at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html.
\4\ WHO, Coronavirus disease 2019 (COVID-19) Situation Report--
90 (Apr. 19, 2020).
\5\ Id.
---------------------------------------------------------------------------
Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, I have determined that the
risk of continued transmission and spread of
[[Page 22353]]
COVID-19 between the United States and Canada poses an ongoing
``specific threat to human life or national interests.''
U.S. and Canadian officials have mutually determined that non-
essential travel between the United States and Canada poses additional
risk of transmission and spread of COVID-19 and places the populace of
both nations at increased risk of contracting COVID-19. Moreover, given
the sustained human-to-human transmission of the virus, returning to
previous levels of travel between the two nations places the personnel
staffing land ports of entry between the United States and Canada, as
well as the individuals traveling through these ports of entry, at
increased risk of exposure to COVID-19. Accordingly, and consistent
with the authority granted in 19 U.S.C. 1318(b)(1)(C) and (b)(2),\6\ I
have determined that land ports of entry along the U.S.-Canada border
will continue to suspend normal operations and will only allow
processing for entry into the United States of those travelers engaged
in ``essential travel,'' as defined below. Given the definition of
``essential travel'' below, this temporary alteration in land ports of
entry operations should not interrupt legitimate trade between the two
nations or disrupt critical supply chains that ensure food, fuel,
medicine, and other critical materials reach individuals on both sides
of the border.
---------------------------------------------------------------------------
\6\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``take any . . . action that may be necessary to respond directly to
the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
---------------------------------------------------------------------------
For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Canada border shall be limited to ``essential
travel,'' which includes, but is not limited to--
U.S. citizens and lawful permanent residents returning to
the United States;
Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States (e.g.,
individuals working in the farming or agriculture industry who must
travel between the United States and Canada in furtherance of such
work);
Individuals traveling for emergency response and public
health purposes (e.g., government officials or emergency responders
entering the United States to support federal, state, local, tribal, or
territorial government efforts to respond to COVID-19 or other
emergencies);
Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Canada);
Individuals engaged in official government travel or
diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this notification does not apply to air, freight
rail, or sea travel between the United States and Canada, but does
apply to passenger rail and ferry travel between the United States and
Canada. These restrictions are temporary in nature and shall remain in
effect until 11:59 p.m. EDT on May 20, 2020. This notification may be
amended or rescinded prior to that time, based on circumstances
associated with the specific threat.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the
national interest, permit the processing of travelers to the United
States not engaged in ``essential travel.''
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Chad R. Mizelle, who is the Senior
Official Performing the Duties of the General Counsel for DHS, for
purposes of publication in the Federal Register.
Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S.
Department of Homeland Security.
[FR Doc. 2020-08650 Filed 4-20-20; 2:00 pm]
BILLING CODE 9112-FP-P
