Bureau of Customs and Border Protection – Federal Register Recent Federal Regulation Documents

This document amends the U.S. Customs and Border Protection (CBP) regulations in title 19 of the Code of Federal Regulations (19 CFR) in order to implement the provisions of the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Pub. L. 110-286) (the ``JADE Act'') and Presidential Proclamation 8294 of September 26, 2008, which includes new Additional U.S. Note 4 to Chapter 71 of the Harmonized Tariff Schedule of the United States (``HTSUS''). These amendments are made to implement certain provisions of the JADE Act and the Presidential Proclamation by prohibiting the importation of ``Burmese covered articles'' (jadeite, rubies, and articles of jewelry containing jadeite or rubies, mined or extracted from Burma), and by setting forth conditions for the importation of ``non-Burmese covered articles'' (jadeite, rubies, and articles of jewelry containing jadeite or rubies, mined or extracted from a country other than Burma).

This document provides notice to customs brokers that the annual fee of $138 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 23, 2009. Customs and Border Protection (CBP) announces this date of payment for 2009 in accordance with the Tax Reform Act of 1986.

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses and all associated permits are cancelled without prejudice.

This document amends the U.S. Customs and Border Protection (CBP) regulations relating to the list of foreign countries whose pleasure vessels may be issued U.S. cruising licenses. Pursuant to information provided by the British Embassy, the Department of State has recommended that CBP update the listing relating to the United Kingdom.

This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations which were published in the Federal Register on June 22, 2007, as CBP Dec. 07-43 to implement the duty-free provisions of the Haitian Hemispheric Opportunity through Partnership Encouragement (``HOPE I'') Act of 2006. The regulatory amendments adopted as a final rule in this document include changes necessitated by enactment of the Haitian Hemispheric Opportunity through Partnership Encouragement (``HOPE II'') Act of 2008.

This document provides an additional 30 days for interested parties to submit comments on the proposed rule to amend the Customs and Border Protection (``CBP'') regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. The proposed rule was published in the Federal Register on July 25, 2008 (73 FR 43385), and the comment period was scheduled to expire on September 23, 2008.

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker licenses and all associated permits are cancelled without prejudice.

This document establishes an importer declaration requirement pursuant to section 15422(a) of the Food, Conservation, and Energy Act of 2008 to assist Customs and Border Protection (CBP) in gathering information for all goods entered for consumption or withdrawn from warehouse for consumption on the transaction valuation of goods imported into the United States. Effective for a one-year period beginning August 20, 2008, all importers will be required to provide a declaration to CBP at the time of filing a consumption entry when, in a series of sequential sales, the transaction value of the imported merchandise is determined on the basis of the ``first or earlier sale'' of goodsthe first sale in which the goods are ``sold for exportation to the United States'' or any other sale earlier than the last sale prior to the introduction of the merchandise into the United States. CBP will then report the frequency of the use of the ``first sale'' rule and other associated data to the International Trade Commission (ITC) on a monthly basis.

This document adopts as a final rule, with some changes, interim amendments to title 19 of the Code of Federal Regulations (``CFR'') which were published in the Federal Register on June 29, 2007, as CBP Dec. 07-51 to implement the preferential tariff treatment and other customs-related provisions of the United States-Morocco Free Trade Agreement signed by the United States and the Kingdom of Morocco.

This document proposes to amend the U.S. Customs and Border Protection (``CBP'') Regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. This proposal would extend application of the country of origin rules codified in 19 CFR part 102. Those rules have proven to be more objective and transparent and provide greater predictability in determining the country of origin of imported merchandise than the system of case-by-case adjudication they would replace. The proposed change also will aid an importer's exercise of reasonable care. In addition, this document proposes to amend the country of origin rules applicable to pipe fittings and flanges, printed greeting cards, glass optical fiber, and rice preparations. Finally, this document proposes amendments to the textile regulations set forth in Sec. 102.21 to make corrections so that the regulations reflect the language of section 334(b)(5) of the Uruguay Round Agreement Act.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations at section 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:

This document amends the Customs and Border Protection (CBP) Regulations by revising the list of user fee airports to reflect the recent user fee airport designations for Capital City Airport in Lansing, Michigan, and Kelly Field Annex in San Antonio, Texas. User fee airports are those airports which, while not qualifying for designation as international or landing rights airports, have been approved by the Commissioner of CBP to receive, for a fee, the services of CBP officers for the processing of aircraft entering the United States, and the passengers and cargo of those aircraft.

This rule amends Department of Homeland Security (DHS) regulations to implement the Electronic System for Travel Authorization (ESTA) requirements under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, for aliens who wish to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry. This rule establishes ESTA and delineates the data fields DHS has determined will be collected by the system. As required under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security will announce implementation of a mandatory ESTA system by publication of a notice in the Federal Register no less than 60 days before the date on which ESTA becomes mandatory for all VWP travelers. Once ESTA is mandatory, all VWP travelers must either obtain travel authorization in advance of travel under ESTA or obtain a visa prior to traveling to the United States. Currently, aliens from VWP countries must provide certain biographical information to U.S. Customs and Border Protection (CBP) Officers at air and sea ports of entry on a paper form Nonimmigrant Alien Arrival/Departure (Form I-94W). Under this interim final rule, VWP travelers will provide the same information to CBP electronically before departing for the United States. Once ESTA is mandatory and all carriers are capable of receiving and validating messages pertaining to the traveler's ESTA status as part of the traveler's boarding status, DHS will eliminate the I-94W requirement. By automating the I-94W process and establishing a system to provide VWP traveler data in advance of travel, CBP will be able to determine the eligibility of citizens and eligible nationals from VWP countries to travel to the United States and whether such travel poses a law enforcement or security risk, before such individuals begin travel to the United States. ESTA will provide for greater efficiencies in the screening of international travelers by allowing CBP to identify subjects of potential interest before they depart for the United States, thereby increasing security and reducing traveler delays upon arrival at U.S. ports of entry.

On April 11, 2008, Customs and Border Protection (CBP) published in the Federal Register a notice announcing a pilot international registered traveler program, then referred to as International Registered Traveler (IRT), to be operated by CBP to allow for the expedited clearance of pre-approved low-risk air travelers into the United States. This notice announces that the program is now known as Global Entry and that the starting date of the pilot program has been moved up to June 6, 2008. This notice also updates the contact information for the Enrollment Center at Washington Dulles International Airport, Sterling, Virginia.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations at section 111.51(a), the following individual Customs broker license and any and all permits have been cancelled due to the death of the broker:

This document amends the Customs and Border Protection (CBP) regulations to reflect the imposition of import restrictions on Archaeological and Ethnological Material of Iraq pursuant to section 3002 of the Emergency Protection for Iraqi Cultural Antiquities Act of 2004. This document also contains the Designated List of Archaeological and Ethnological Material that describes the types of articles to which the import restrictions apply.

This document adopts as a final rule, without change, interim amendments to title 19 of the Code of Federal Regulations which were published in the Federal Register on June 27, 2007, as CBP Dec. 07-50 to implement the preferential tariff treatment and other customs- related provisions of the United States-Jordan Free Trade Agreement signed by the United States and the Hashemite Kingdom of Jordan.

This document provides notice that the Bureau of Customs and Border Protection (CBP) has issued a final determination concerning the country of origin of certain military-grade flashlights and their replacement parts to be offered to the United States Government under an undesignated government procurement contract. Based on the facts presented, the final determination found that the United States is the country of origin of both the subject flashlights and their replacement parts for purposes of U.S. Government procurement.

This document provides an additional 15 days for interested persons to submit comments on the proposed rule to amend the Customs and Border Protection (CBP) regulations to require both importers and carriers to submit additional information pertaining to cargo before the cargo is brought into the United States by vessel. The proposed rule was published in the Federal Register on January 2, 2008, and the comment period was scheduled to expire on March 3, 2008.

``Transaction value'' is the primary method of appraising imported merchandise and is defined in 19 U.S.C. 1401a as ``the price actually paid or payable for merchandise when sold for exportation to the United States,'' plus specified additions to that amount. This document provides notice to interested parties that Customs and Border Protection (CBP) proposes a new interpretation of the phrase ``sold for exportation to the United States'' for purposes of applying the transaction value method of valuation in a series of sales importation scenario. CBP proposes that in a transaction involving a series of sales, the price actually paid or payable for the imported goods when sold for exportation to the United States is the price paid in the last sale occurring prior to the introduction of the goods into the United States, instead of the first (or earlier) sale. Under this proposal, transaction value will normally be determined on the basis of the price paid by the buyer in the United States. This proposed interpretation reflects the conclusions of the Technical Committee on Customs Valuation as set forth in Commentary 22.1, entitled ``Meaning of the Expression `Sold for Export to the Country of Importation' in a Series of Sales.''

Customs and Border Protection (CBP) published a Notice of Proposed Rulemaking on January 2, 2008, in the Federal Register, which proposed new information submission requirements for importers and carriers pertaining to cargo before the cargo is brought to the United States by vessel. That document contained two errors in the ``Addresses'' section regarding the docket number and the name of the CBP Office. To ensure that the public has the correct information for submitting comments on this proposed rule, this document provides those corrections.

Pursuant to the National Environmental Policy Act of 1969 (NEPA), U.S. Customs and Border Protection (CBP) has prepared a Draft Environmental Impact Statement (EIS) identifying and assessing the potential impacts associated with the proposed construction, operation, and maintenance of tactical infrastructure, to include a primary pedestrian fence, supporting patrol roads, and other infrastructure in two distinct sections along the U.S./Mexico international border within CBP's San Diego Border Patrol Sector. The two fence sections would be approximately 0.8 miles and 3.6 miles in length. Newly constructed access and patrol roads to support each fence section would be 0.8 miles and 5.2 miles respectively. This Federal Register notice announces the availability of and invites public comments on the draft EIS. This document also announces a public open house on the Draft EIS.

U.S., Canadian and Bermudian citizens entering the United States at land or sea ports-of-entry must establish their identity and citizenship to the satisfaction of a U.S. Customs and Border Protection (CBP) Officer. Under current CBP procedures, such individuals may provide any proof of identity and citizenship. While most individuals provide documentary evidence of citizenship, such as a passport or birth certificate, individuals may, depending on the circumstances, be admitted on an oral declaration. Accordingly, CBP is amending its field guidance procedures to instruct CBP officers that citizenship ordinarily may not be established using only an oral declaration. This Notice informs the public that, effective January 31, 2008, all travelers will be expected to present documents proving citizenship, such as a birth certificate, and government-issued documents proving identity, such as a driver's license, when entering the United States through land and sea ports of entry.

This notice supplements information provided in the November 16, 2007, Federal Register Notice of Availability and Public Open House Announcement for the Draft Environmental Impact Statement (EIS) for the proposed construction, maintenance, and operation of tactical infrastructure along approximately 70 miles of the U.S./Mexico international border within the U.S. Border Patrol Rio Grande Valley Sector, Texas. In addition to the previously announced public open houses concerning the Draft EIS to be held on December 11, 2007 in McAllen, TX, and December 12, 2007, in Brownsville, TX, Customs and Border Protection (CBP) invites public participation at a third public open house to be held on December 13, 2007, at the Veterans of Foreign Wars (VFW) Post 08526 in Rio Grande City, TX.

This document announces that the fee collected by Customs and Border Protection regarding the submission of fingerprints for those applying for certain positions or requesting various identification cards which necessitate a fingerprint records check, will be raised to a total of $32.49 to offset the fee being charged Customs and Border Protection by the Federal Bureau of Investigation.