U.S. Customs and Border Protection 2013 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Passenger and Crew Manifest
As part of its continuing effort to reduce paperwork and respondent burden, U.S. Customs and Border (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Passenger and Crew Manifest (Advance Passenger Information System). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Extension of Port Limits of Indianapolis, IN
U.S. Customs and Border Protection (CBP) is extending the geographical limits of the port of entry of Indianapolis, Indiana. This extension will make the boundaries more easily identifiable to the public and will allow for uniform and continuous service to the extended area of Indianapolis, Indiana. The change is part of CBP's continuing program to use its personnel, facilities, and resources more efficiently, and to provide better service to carriers, importers, and the general public.
Modification of Two National Customs Automation Program (NCAP) Tests Concerning Automated Commercial Environment (ACE) Document Image System (DIS) and Simplified Entry (SE); Correction
On July 23, 2013, U.S. Customs and Border Protection (CBP) published in the Federal Register a document announcing modifications to the National Customs Automation Program (NCAP) tests concerning document imaging, known as the Document Image System (DIS) test, and entry capability, known as the Simplified Entry (SE) test. That document contained an error in the ``Documents Supported in the Second Phase of the Test'' section regarding the description of a form. This document corrects the July 23, 2013 document to reflect the correct description of the form.
Announcement of Test Concerning Manifesting and Entry of Residue Found in Instruments of International Traffic (IITs)
This document announces U.S. Customs and Border Protection's (CBP's) plan to conduct a test concerning the manifesting and entry of residual cargo found in containers arriving as Instruments of International Traffic (IIT). The document also announces that CBP will begin enforcement of HQ Ruling H026715, dated June 19, 2009, when the test announced in this document begins. In HQ Ruling H026715, CBP held that in order to ensure the safety and security of the transportation of IIT containers and the CBP Officers who may examine or work in close proximity to them, IIT containers with residual cargo should not be manifested as empty consistent with the advance cargo information reporting requirements authorized pursuant to 19 U.S.C. 2071 note. The modified ruling, HQ H026715, requires that residue within containers be ``classified, entered, and manifested.'' CBP recognizes that the trade community believes that the requirement to manifest and enter for residual cargo in accordance with the current regulations would be overly burdensome. As a result, CBP, with input from the trade, has developed a test in order to determine a less burdensome way for the trade to manifest and enter residual cargo in IITs while also ensuring the safety and security of CBP Officers and the transportation of such IITs. Accordingly, this test will allow for a new type of entry designed to capture residue in containers that will be cleaned or re-filled that can be made off the manifest through an indicator that identifies it as a Residue Entry. Parties not wishing to participate in the test, however, will be required to ``classify, enter, and manifest'' (formal or informal entry) the residual cargo in accordance with the underlying statutes and their implementing regulations when the test begins.
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of March 6, 2013.
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of March 14, 2013.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of May 23, 2012.
Accreditation and Approval of Saybolt, LP, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Saybolt, LP, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of May 22, 2013.
Approval of SGS North America, Inc., as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of January 24, 2013.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of February 20, 2013.
Notice of Issuance of Final Determination Concerning Certain Hard Disk Drives and Self-Encrypting Drives
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain digital storage devices known as hard disk drives (``HDDs'') and self-encrypting drives (``SEDs''). Based upon the facts presented, CBP has concluded that the programming operations performed in the United States, using U.S.-origin firmware, substantially transform non-TAA country HDDs. Therefore, the country of origin of the HDDs and SEDs is the United States for purposes of U.S. Government procurement.
Agency Information Collection Activities: Application for Exportation of Articles Under Special Bond
As part of its continuing effort to reduce paperwork and respondent burden, Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Application for Exportation of Articles under Special Bond (CBP Form 3495). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Expansion of Global Entry Eligibility to Certain Citizens of the Republic Of Korea, the Federal Republic of Germany, the State of Qatar, and the United Kingdom
U.S. Customs and Border Protection (CBP) has established the Global Entry international trusted traveler program at most major U.S. airports. Global Entry allows pre-approved, low-risk participants expedited entry into the United States using Global Entry kiosks located at designated airports. Currently, eligibility for participation in Global Entry is limited to U.S. citizens, U.S. nationals, U.S. lawful permanent residents, Mexican nationals, and certain eligible citizens of the Netherlands. This document announces that CBP is expanding eligibility for Global Entry to include citizens of the Republic of Korea who are participants in the Smart Entry System (SES), a trusted traveler program in the Republic of Korea; a limited number of citizens of the Federal Republic of Germany who are participants in the Automated and Biometrics- Supported Border Controls (ABG) Plus, a trusted traveler program in the Federal Republic of Germany; a limited number of citizens of the State of Qatar; and a limited number of citizens of the United Kingdom who frequently travel to the United States. All of these individuals must otherwise satisfy the requirements for participation in the Global Entry program. CBP expects at some later point to expand eligibility to include all citizens of the Federal Republic of Germany, all citizens of the State of Qatar and all citizens of the United Kingdom who otherwise satisfy the requirements for participation in the Global Entry program. Additionally, this document announces that U.S. citizens who participate in Global Entry will have the option to apply for membership in the Republic of Korea's SES program and that a limited number of U.S. citizens who participate in Global Entry will have the option to apply for membership in Germany's ABG Plus.
Notice of Reinstatement of Revoked Customs Broker Licenses
CBP erroneously revoked without prejudice several broker licenses in Federal Register notices published on November 18, 2011 and December 6, 2012. Notice is hereby given that the licenses named in the previous documents and identified in this document have been reinstated and are currently active.
Notice of Revocation of Customs Broker License
Notice is hereby given that a customs broker license is being revoked by operation of law.
Notice of Cancellation of Customs Broker Licenses Due to Death of the License Holder
Notice is hereby given that the customs broker licenses of certain brokers have been cancelled without prejudice due to the death of the license holders.
Notice of Reinstatement of Customs Broker License
Notice is hereby given that a customs broker's license has been reinstated.
Notice of Cancellation of Customs Broker Licenses
Notice is hereby given that the customs broker licenses and any and all associated permits of certain customs brokers are being cancelled without prejudice.
Correction of Document Revoking Customs Broker Licenses
In a notice published in the Federal Register in December 6, 2012, announcing the revocation of certain customs broker licenses, while correctly listing some broker license numbers that were revoked, CBP inadvertently linked certain broker license numbers to the incorrect broker's name. In this document, CBP is correcting the errors in that document by accurately listing those broker names and license numbers that were revoked and by listing those broker names and license numbers that were not revoked and are currently active.
Agency Information Collection Activities: Passenger List/Crew List
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Passenger List/Crew List (CBP Form I-418). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (78 FR 26648) on May 7, 2013, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Accreditation of SGS North America, Inc., as a Commercial Laboratory
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been accredited to test petroleum, petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of April 19, 2013.
Accreditation and Approval of Pan Pacific Surveyors, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Pan Pacific Surveyors, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of July 19, 2012.
Agency Information Collection Activities; Customs-Trade Partnership Against Terrorism (C-TPAT)
U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Customs-Trade Partnership Against Terrorism (C-TPAT). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (78 FR 30934) on May 23, 2013, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Modification of Two National Customs Automation Program (NCAP) Tests Concerning Automated Commercial Environment (ACE) Document Image System (DIS) and Simplified Entry (SE)
This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) tests concerning document imaging, known as the Document Image System (DIS) test, and entry capability, known as the Simplified Entry (SE) test. The DIS test allows certain Automated Commercial Environment (ACE) participants to submit electronic images of a specific set of CBP and partner government agency forms and supporting information to CBP via a CBP- approved Electronic Data Interchange (EDI). The second phase of the DIS test expands the eligible forms supported by the test as well as participant eligibility and when forms may be transmitted. CBP hopes that these modifications make the DIS more user-friendly. The SE test simplifies the entry process by reducing the number of data elements required to obtain release for cargo transported by air. This notice modifies the SE test to allow for certain data elements to be transmitted via the DIS. This notice provides DIS test details including commencement date for the second phase, eligibility, procedural and documentation requirements, and test development and evaluation methods.
Advisory Committee on Commercial Operations of Customs and Border Protection (COAC)
The Advisory Committee on Commercial Operations of Customs and Border Protection (COAC) will meet on August 7, 2013, in Washington, DC. The meeting will be open to the public.
Agency Information Collection Activities: African Growth and Opportunity Act Certificate of Origin
U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: African Growth and Opportunity Act Certificate of Origin (AGOA). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (78 FR 26650) on May 7, 2013, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Agency Information Collection Activities; Trusted Traveler Programs
U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Trusted Traveler Programs. This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (78 FR 26649) on May 7, 2013, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Accreditation and Approval of Camin Cargo Control, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Camin Cargo Control, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of November 29, 2012.
Accreditation and Approval of Camin Cargo Control, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Camin Cargo Control, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of March 26, 2013.
Prohibitions and Conditions on the Importation and Exportation of Rough Diamonds
This document amends the U.S. Customs and Border Protection (CBP) regulations to set forth the prohibitions and conditions that are applicable to the importation and exportation of rough diamonds pursuant to the Clean Diamond Trade Act, as implemented by the President in Executive Order 13312 dated July 29, 2003, and the Rough Diamonds Control Regulations (RDCR) issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury. In addition to restating pertinent provisions of the RDCR, the amendments clarify that any U.S. person exporting from, or importing to, the United States a shipment of rough diamonds must retain for a period of at least five years a copy of the Kimberley Process Certificate that currently must accompany such shipments and make the copy available for inspection when requested by CBP. The document also requires formal entry for shipments of rough diamonds.
Inadmissibility of Consumer Products and Industrial Equipment Noncompliant With Applicable Energy Conservation or Labeling Standards
This document adopts as a final rule, with changes, proposed amendments to the U.S. Customs and Border Protection (CBP) regulations that provide that CBP will refuse admission into the customs territory of the United States to consumer products and industrial equipment found to be noncompliant with energy conservation and labeling standards pursuant to the Energy Policy and Conservation Act of 1975 (EPCA) and its implementing regulations. The final rule further provides that, upon written or electronic notice from the Department of Energy (DOE) or the Federal Trade Commission (FTC), CBP may conditionally release under bond to the importer such noncompliant products or equipment for purposes of reconditioning, re-labeling, or other action so as to bring the subject product or equipment into compliance. This regulation implements the mandate of the EPCA, as amended.
Accreditation and Approval of Saybolt, LP, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Saybolt, LP, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of February 26, 2013.
Accreditation and Approval of AmSpec Services, LLC, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that AmSpec Services, LLC, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of September 5, 2012.
Notice of Issuance of Final Determination Concerning Valves
This document provides notice that U.S. Customs and Border Protection (CBP) has issued a final determination concerning the country of origin of certain valves to be offered to the U.S. Government under an undesignated government procurement contract. The final determination found that based upon the facts presented, the country of origin of the subject valve is the United States.
Expansion of Global Entry to Additional Airports
The Global Entry international trusted traveler program allows pre-approved, low-risk participants expedited entry into the United States using Global Entry kiosks located at designated airports. U.S. Customs and Border Protection (CBP) previously announced in the Federal Register twenty-four designated Global Entry airports. This document announces the expansion of the program to include eight additional designated airports.
Agency Information Collection Activities: United States-Caribbean Basin Trade Partnership Act
U.S. Customs and Border Protection (CBP) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: United States-Caribbean Basin Trade Partnership Act (CBTPA). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with a change to the burden hours. This document is published to obtain comments from the public and affected agencies. This information collection was previously published in the Federal Register (78 FR 23280) on April 18, 2013, allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10.
Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties
This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning July 1, 2013, the interest rates for overpayments will be 2 percent for corporations and 3 percent for non- corporations, and the interest rate for underpayments will be 3 percent for both corporations and non-corporations. This notice is published for the convenience of the importing public and U.S. Customs and Border Protection personnel.
Agency Information Collection Activities: Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers
As part of its continuing effort to reduce paperwork and respondent burden, U.S. Customs and Border Protection (CBP) invites the general public and other Federal agencies to comment on an information collection requirement concerning the Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers (CDSOA). This request for comments is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
Extension of Border Zone in the State of New Mexico
This final rule amends Department of Homeland Security (DHS) regulations to extend the distance that certain nonimmigrant Mexican nationals presenting a Border Crossing Card, or other proper immigration documentation, may travel in New Mexico without obtaining a U.S. Customs and Border Protection (CBP) Form I-94 (Form I-94), Arrival/Departure Record. This change is intended to promote commerce and tourism in southern New Mexico while still ensuring that sufficient safeguards are in place to prevent illegal entry to the United States.
Announcement of Foreign-Trade Zones Test
This notice announces U.S. Customs and Border Protection's (``CBP's'') plan to conduct a voluntary general test regarding certain foreign-trade zone (``FTZ'' or ``zone'') activities. Pursuant to the FTZ test, under prescribed conditions, zone operators will be permitted liberalized procedures for certain zone activities. Specifically, zone operators approved for participation in the test will not be required to submit a CBP Form 216 (``Application for Foreign-Trade Zones Activity Permit'') for the manipulation, manufacture, or exhibition of merchandise within an FTZ where such activity has been previously approved in that zone's Grant of Authority by the FTZ Board. In addition, zone operators approved for participation in the test will have the option of allowing duty-paid merchandise that has been entered for consumption to remain in an activated zone area for up to 90 calendar days after CBP releases the merchandise, so long as the merchandise remains segregated, does not undergo further manufacturing, and is accurately recorded in the Inventory Control and Recordkeeping system within five (5) business days of release. The FTZ test is intended to evaluate whether liberalizing certain FTZ operational procedures will impact CBP's supervision and control over the zone, as well as the agency's ability to enforce applicable laws. This notice invites public comment concerning any aspect of the planned test, describes the eligibility, procedural and documentation requirements for voluntary participation in the test, and outlines the development and evaluation methodology to be used in the test.
Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of August 10, 2012.
Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers
Pursuant to the Continued Dumping and Subsidy Offset Act of 2000, this document is U.S. Customs and Border Protection's notice of intent to distribute assessed antidumping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2013 in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921. This document sets forth the case name and number of each order or finding for which funds may become available for distribution, together with the list of affected domestic producers, based on the list supplied by the United States International Trade Commission (USITC) associated with each order or finding, who are potentially eligible to receive a distribution. This document also provides the instructions for affected domestic producers (and anyone alleging eligibility to receive a distribution) to file certifications to claim a distribution in relation to the listed orders or findings.
United States-Korea Free Trade Agreement
This document adopts as a final rule, with two changes, interim amendments to the U.S. Customs and Border Protection (``CBP'') regulations which were published in the Federal Register on March 19, 2012, as CBP Dec. 12-03, to implement the preferential tariff treatment and other customs-related provisions of the United States-Korea Free Trade Agreement entered into by the United States and the Republic of Korea.
Notice of Issuance of Final Determination Concerning Monochrome Laser Printers
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain monochrome laser printers. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the monochrome laser printers for purposes of U.S. Government procurement.
Notice of Issuance of Final Determination Concerning Multifunctional Digital Imaging Systems
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain multifunctional digital imaging systems. Based upon the facts presented, CBP has concluded in the final determination that the United States is the country of origin of the multifunctional digital imaging systems for purposes of U.S. Government procurement.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of November 8, 2012.
Agency Information Collection Activities: Customs-Trade Partnership Against Terrorism (C-TPAT)
As part of its continuing effort to reduce paperwork and respondent burden, CBP invites the general public and other Federal agencies to comment on an information collection requirement concerning the Customs-Trade Partnership Against Terrorism (C-TPAT). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13; 44 U.S.C. 3505(c)(2)).
Accreditation and Approval of Camin Cargo Control, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Camin Cargo Control, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of February 21, 2013.
Accreditation and Approval of SGS North America, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that SGS North America, Inc., has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes for the next three years as of October 17, 2012.
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