U.S. Customs and Border Protection – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities: Guam-CNMI Visa Waiver Information
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than September 20, 2018) to be assured of consideration.
Modernized Drawback; Correction
This document corrects a proposed regulation in a notice of proposed rulemaking published in the Federal Register of August 2, 2018, regarding Modernized Drawback. Specifically, CBP inadvertently proposed in 19 CFR 190.32(d)(2) an exemption for drawback claims for wine which included an imprecise reference to the entirety of paragraph (b). The reference should have been only to paragraphs (b)(1) and (b)(2), the specific paragraphs regarding the ``lesser of'' rule. As is evident from the entirety of the proposed rule, paragraph (b)(3), which implements the statutory prohibition on double drawback, applies to all drawback claims for wine. This technical correction remedies a clerical error that occurred when the language of paragraph (b)(3) was moved from a different part of the proposed regulations.
Refund of Alcohol Excise Tax
This document updates language in the U.S. Customs and Border Protection (CBP) regulations to reflect the current organization of CBP and the Department of the Treasury. The document also eliminates a restriction pertaining to CBP's authority to refund excessive duties, taxes, fees, or interest imposed on distilled spirits, wine, and beer to facilitate implementation of Subpart A (Craft Beverage Modernization and Tax Reform) of Part IX of the Tax Cuts and Jobs Act, signed December 22, 2017, commonly referred to as the Craft Beverage Modernization Act.
Accreditation and Approval of Intertek USA, Inc. (Sulphur, LA), as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Sulphur, LA), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of May 10, 2017.
Agency Information Collection Activities: Certificate of Origin
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
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 for customs purposes for the next three years as of February 2, 2018.
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 and certain petroleum products for customs purposes for the next three years as of March 23, 2018.
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 for customs purposes for the next three years as of March 2, 2018.
Agency Information Collection Activities: Free Trade Agreements
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Biometric Identity
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Accreditation and Approval of Laboratory Service, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Laboratory Service, Inc., has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of June 12, 2017.
Modernized Drawback
This document proposes to amend U.S. Customs and Border Protection (CBP) regulations to implement changes to the drawback regulations as directed by the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). These proposed regulations establish a new process for drawback pursuant to TFTEA which liberalizes the merchandise substitution standard, simplifies recordkeeping requirements, extends and standardizes timelines for filing drawback claims, and requires the electronic filing of drawback claims. TFTEA allows a transition period wherein drawback claimants will have the choice between filing claims under the existing process detailed in the current regulations or filing claims under the proposed new process. This document explains how filings during the transition period will work, discusses the interim policy guidance procedures for filing claims prior to these regulations becoming final, and proposes to make TFTEA-related changes, dealing with bonds, regarding joint and several liability for the importer of the goods and the drawback claimant, and technical corrections and conforming changes to CBP regulations. This document also proposes to clarify the prohibition on the filing of a substitution drawback claim for internal revenue excise tax paid on imported merchandise in situations where no excise tax was paid upon the substituted merchandise; or the substituted merchandise is the subject of a different claim for refund or drawback of tax under any provision of the Internal Revenue Code. CBP is proposing these amendments regarding excise taxes to protect the revenue by clarifying the relationship between drawback claims and Federal excise tax liability. Further, CBP proposes to add a basic importation and entry bond condition to foster compliance.
COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2019
This document announces that U.S. Customs and Border Protection (CBP) is adjusting certain customs user fees and limitations established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) for Fiscal Year 2019 in accordance with the Fixing America's Surface Transportation Act (FAST Act) as implemented by CBP regulations.
Notice of Availability of Updated Privacy Impact Assessment for the Southwest Border Pedestrian Exit Field Test
U.S. Customs and Border Protection (CBP) has made available an updated Privacy Impact Assessment (PIA) for the Southwest Border Pedestrian Exit Field Test. This updated PIA, which changes the retention period for certain biometric data gathered during the test, was published on the Department of Homeland Security (DHS) Privacy Office's website on March 5, 2018.
Notice of Issuance of Final Determination Concerning Subdermal Needle Electrodes
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of Rhythmlink International, LLC's Subdermal Needle Electrode. Based upon the facts presented, CBP has concluded that the country of origin of the Subdermal Needle Electrode is the United States or Japan, depending on the country of origin of the needle electrode used in the assembly of the Subdermal Needle Electrode, for purposes of U.S. Government procurement.
Agency Information Collection Activities: Visa Waiver Program Carrier Agreement
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Entry/Immediate Delivery Application and ACE Cargo Release
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than August 23, 2018) to be assured of consideration.
Agency Information Collection Activities: Passenger List/Crew List
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than September 21, 2018) to be assured of consideration.
Agency Information Collection Activities: Screening Requirements for Carriers
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Bog Creek Road Project Draft Environmental Impact Statement; Reopening of Comment Period
This document provides additional time for interested parties to submit comments on the Bog Creek Road Project Draft Environmental Impact Statement (Draft EIS) concerning the repair and maintenance of Bog Creek Road and closure of certain roads within the Blue-Grass Bear Management Unit in the Selkirk Mountains in Boundary County, Idaho. U.S. Customs and Border Protection (CBP) and the United States Department of Agriculture, Forest Service (USDA, Forest Service) Idaho Panhandle National Forests (IPNF) (collectively, the Agencies) published a Notice of Availability of the Draft EIS in the Federal Register on June 1, 2018, with comments due on or before July 16, 2018. In the interest of receiving well thought out and developed comments from stakeholders, the Agencies are reopening the comment period until July 31, 2018.
Agency Information Collection Activities: Customs Declaration
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Notice of Issuance of Final Determination Concerning Certain Insufflation Tubing
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain insufflation tubing. Based upon the facts presented, CBP has concluded that the country of origin of the insufflation tubing in question is China, for purposes of U.S. Government procurement.
Agency Information Collection Activities: General Declaration
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Transfer of Cargo to a Container Station
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than September 17, 2018) to be assured of consideration.
Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties
This notice advises the public that the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties will remain the same from the previous quarter. For the calendar quarter beginning July 1, 2018, the interest rates for overpayments will be 4 percent for corporations and 5 percent for non-corporations, and the interest rate for underpayments will be 5 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.
Commercial Customs Operations Advisory Committee (COAC)
The Commercial Customs Operations Advisory Committee (COAC) will hold its public meeting on Wednesday, August 1, 2018 via webinar. The meeting will be open to the public.
Agency Information Collection Activities: Trusted Traveler Programs and U.S. APEC Business Travel Card
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than August 13, 2018) to be assured of consideration.
Agency Information Collection Activities: Small Vessel Reporting System
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than August 13, 2018) to be assured of consideration.
Commercial Customs Operations Advisory Committee (COAC) Charter Renewal
The Secretaries of the Department of the Treasury and the Department of Homeland Security approved the renewal of the charter for the Commercial Customs Operations Advisory Committee (COAC). The committee's charter is effective May 15, 2018, and expires May 15, 2020. Section 109 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) established the COAC. The committee operates in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), except as otherwise provided for in section 109 of TFTEA. The COAC is a statutory advisory committee that provides the Department of the Treasury and the Department of Homeland Security with the perspectives and advice of the private sector.
Import Restrictions Imposed on Archaeological and Ethnological Material From Libya
This document amends the U.S. Customs and Border Protection (CBP) regulations to continue the import restrictions on archaeological and ethnological material from Libya previously imposed on an emergency basis in a final rule published on December 5, 2017. These restrictions are being imposed pursuant to an agreement between the United States and Libya that has been entered into under the authority of the Convention on Cultural Property Implementation Act. The document also contains the Designated List of Archaeological and Ethnological Material of Libya that describes the articles to which the restrictions apply. Accordingly, this document amends the CBP regulations by removing Libya from the listing of countries for which emergency actions imposed the import restrictions, and adding Libya to the list of countries for which an agreement has been entered into for imposing import restrictions.
Notice of Issuance of Final Determination Concerning Malarone Tablets
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of Malarone tablets. Based upon the facts presented, CBP has concluded that the country of origin of the Malarone tablets is Canada for purposes of U.S. Government procurement.
Agency Information Collection Activities: Guam-CNMI Visa Waiver Information
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than August 13, 2018) to be assured of consideration.
Air Cargo Advance Screening (ACAS)
To address ongoing aviation security threats, U.S. Customs and Border Protection (CBP) is amending its regulations pertaining to the submission of advance air cargo data to implement a mandatory Air Cargo Advance Screening (ACAS) program for any inbound aircraft required to make entry under the CBP regulations that will have commercial cargo aboard. The ACAS program requires the inbound carrier or other eligible party to electronically transmit specified advance cargo data (ACAS data) to CBP for air cargo transported onboard U.S.-bound aircraft as early as practicable, but no later than prior to loading of the cargo onto the aircraft. The ACAS program enhances the security of the aircraft and passengers on U.S.-bound flights by enabling CBP to perform targeted risk assessments on the air cargo prior to the aircraft's departure for the United States. These risk assessments will identify and prevent high-risk air cargo from being loaded on the aircraft that could pose a risk to the aircraft during flight.
Agency Information Collection Activities: Ship's Store Declaration
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than August 6, 2018) to be assured of consideration.
Accreditation and Approval of NMK Resources, INC., (Thorofare, NJ), as a Commercial Laboratory and Gauger
Notice is hereby given, pursuant to CBP regulations, that NMK Resources, Inc. has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of July 7, 2017.
Notice of Availability of the Bog Creek Road Project Draft Environmental Impact Statement
U.S. Customs and Border Protection (CBP) and the U.S. Forest Service (Forest Service) Idaho Panhandle National Forests (IPNF) announce the availability of the Bog Creek Road Project Draft Environmental Impact Statement (EIS) for public review. The Draft EIS identifies and assesses potential impacts upon the environment of: Repairing and maintaining an approximately 5.6-mile section of the existing Bog Creek Road, which is located in the Selkirk Mountains in Boundary County, Idaho, within approximately two miles of the Canadian border, on land within the Blue-Grass Bear Management Unit (BMU) that is managed by the Forest Service; and closing for motorized use additional roads within the Blue-Grass BMU to comply with the Forest Plan Amendments for Motorized Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones and to reduce road density in the Blue-Grass BMU. This notice initiates the public review process for the Draft EIS. This process is conducted pursuant to the National Environmental Policy Act of 1969 (NEPA) and the President's Council on Environmental Quality regulations for Implementing the NEPA, and CBP and Forest Service NEPA guidelines. The purpose of the public review process is to solicit public comments regarding the Draft EIS. Additionally, this notice, in accordance with the National Historic Preservation Act, will allow members of the general public to provide comments to CBP and the Forest Service regarding whether the Proposed Action may have any potential impacts on any historic resources.
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 (CBP) notice of intent to distribute assessed antidumping or countervailing duties (known as the continued dumping and subsidy offset) for Fiscal Year 2018 in connection with countervailing duty orders, antidumping duty orders, or findings under the Antidumping Act of 1921. This document provides the instructions for affected domestic producers, or anyone alleging eligibility to receive a distribution, to file certifications to claim a distribution in relation to the listed orders or findings.
Notice of Issuance of Final Determination Concerning Certain Electric Scissor Lifts
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of certain electric scissor lifts. Based upon the facts presented, CBP has concluded that the country of origin of the electric scissor lifts in question is the United States, for purposes of U.S. Government procurement.
Agency Information Collection Activities: Crew's Effects Declaration
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than June 28, 2018) to be assured of consideration.
Agency Information Collection Activities: Guarantee of Payment
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than June 28, 2018) to be assured of consideration.
Accreditation and Approval of Inspectorate America Corporation (Houston, TX), as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation (Houston, TX), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of July 11, 2017.
Approval of Omni Hydrocarbon Measurement, Inc. (Crosby, TX), as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that Omni Hydrocarbon Measurement, Inc. has been approved to gauge petroleum and certain petroleum products for customs purposes for the next three years as of July 6, 2017. Applicable Dates: The approval of Omni Hydrocarbon Measurement, Inc., as commercial gauger became effective on July 6, 2017. The next triennial inspection date will be scheduled for July 2020.
Agency Information Collection Activities: Application for Allowance in Duties
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Crew Member's Declaration
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Harbor Maintenance Fee
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Agency Information Collection Activities: Petition for Remission or Mitigation of Forfeitures and Penalties Incurred
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted (no later than June 25, 2018) to be assured of consideration.
Agency Information Collection Activities: Biometric Identity
The Department of Homeland Security, U.S. Customs and Border Protection 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 of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted July 24, 2018 to be assured of consideration.
Accreditation and Approval of AmSpec LLC (Penuelas, PR) as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that AmSpec LLC (Penuelas, PR), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of January 31, 2018.
Notice of Issuance of Final Determination Concerning Country of Origin of Fleetcam Vehicle Cameras
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of a vehicle digital video camera known as the FleetCamTM. Based upon the facts presented, CBP has concluded that the processing in the United States does not substantially transform the imported digital video cameras for purposes of U.S. Government procurement.
Accreditation and Approval of AmSpec LLC (Freeport, TX) as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that AmSpec LLC (Freeport, TX), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of March 7, 2018.
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