U.S. Customs and Border Protection 2017 – Federal Register Recent Federal Regulation Documents
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Donations of Technology and Related Support Services To Enforce Intellectual Property Rights
This document amends the U.S. Customs and Border Protection (CBP) regulations relating to the enforcement of intellectual property rights. This final rule implements section 308(d) of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which requires CBP to prescribe regulatory procedures for the donation of technologies, training, or other related services for the purpose of assisting CBP in intellectual property enforcement.
Civil Monetary Penalty Adjustments for Inflation
This rule amends U.S. Customs and Border Protection (CBP) regulations to adjust for inflation the amounts that CBP can assess as civil monetary penalties for the following three violations transporting passengers between coastwise points in the United States by a non-coastwise qualified vessel; towing a vessel between coastwise points in the United States by a non-coastwise qualified vessel; and dealing in or using an empty stamped imported liquor container after it has already been used once. These adjustments are being made in in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) which was enacted on November 2, 2015. Other CBP civil penalty amounts were adjusted pursuant to this 2015 Act in previously published rule documents published in the Federal Register on July 1, 2016, and January 27, 2017, but the adjustments for these three civil penalties were inadvertently left out of those documents.
Revenue Modernization: Mobile Collections & Receipt (MCR) Pilot
This document announces that U.S. Customs and Border Protection (CBP) will be conducting a pilot test program to allow for the electronic payment of certain taxes and fees imposed on commercial vessels prior to or upon a vessel's arrival at four designated ports of entry. The pilot also introduces portable, electronic devices that authorized CBP employees will use to electronically process payments of certain taxes and fees and to send electronic receipts via email. The pilot will not affect the amount of taxes and fees due, the clearance process, or the proof of documentation required to be presented to CBP. This notice describes the pilot, including its purpose, procedures, locations, and how to participate, and invites public comment on any aspect of the pilot.
Delay of Transition of the Generating, Transmitting and Updating of Daily and Monthly Statements from the Automated Commercial System to the Automated Commercial Environment
On November 8, 2017, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing plans to make the Automated Commercial Environment (ACE) the sole electronic data interchange (EDI) system authorized by CBP for generating, transmitting, and updating daily and monthly statements for all entries except reconciliation (type 09) entries. The changes announced in that notice were to become operational on December 9, 2017. This notice announces that the date for the transition to ACE as the sole CBP- authorized EDI system for statement processing is delayed until January 6, 2018. ACE will not be the official system of records for statements until that time.
Emergency Import Restrictions Imposed on Archaeological and Ethnological Materials From Libya
This document amends the U.S. Customs and Border Protection (CBP) regulations to reflect the imposition of emergency import restrictions on certain archaeological and ethnological materials from Libya. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the imposition of emergency import restrictions on categories of archaeological and ethnological materials from Libya, which represent the cultural heritage of Libya. This document contains the Designated List of Archaeological and Ethnological Material of Libya that describes the types of objects or categories of archaeological or ethnological material to which the import restrictions apply. The emergency import restrictions imposed on certain archaeological and ethnological materials from Libya will be in effect for a five-year period. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Accreditation and Approval of AmSpec LLC (Destrehan, LA) as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that AmSpec LLC (Destrehan, 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 June 15, 2017.
Accreditation and Approval of Intertek USA, Inc. (Harvey, LA), as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Harvey, 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 June 14, 2017.
Approval of Inspectorate America Corporation (Baton Rouge, LA), as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation (Baton Rouge, LA), has been approved to gauge petroleum and certain petroleum products for customs purposes for the next three years as of May 24, 2017.
Accreditation of Intertek USA, Inc. (Baytown, TX), as a Commercial Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Baytown, TX), has been accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of August 30, 2016.
Technical Amendment to List of User Fee Airports: Removal of Meadows Field Airport, Bakersfield, CA and the Addition of Griffiss International Airport, Rome, NY; Van Nuys Airport, Van Nuys, CA; Cobb County Airport-McCollum Field, Kennesaw, GA; and Charlotte-Monroe Executive Airport, Monroe, NC
This document amends U.S. Customs and Border Protection (CBP) regulations by revising the list of user fee airports to reflect the removal of user fee status for Meadows Field Airport in Bakersfield, California and the designation of user fee status for four additional airports: Griffiss International Airport in Rome, New York; Van Nuys Airport in Van Nuys, California; Cobb County Airport-McCollum Field in Kennesaw, Georgia; and Charlotte-Monroe Executive Airport in Monroe, North Carolina. 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.
Customs Brokers User Fee Payment for 2018
This document provides notice to customs brokers that the annual user fee that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 26, 2018. Pursuant to fee adjustments required by the Fixing America's Surface Transportation Act (FAST Act) and CBP regulations, the annual user fee for calendar year 2018 will be $141.70.
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. Comments are encouraged and will be accepted (no later than January 23, 2018 to be assured of consideration.
Notice of Issuance of Final Determination Concerning Roasted Coffee
This document provides notice that U.S. Customs and Border Protection (``CBP'') has issued a final determination concerning the country of origin of roasted coffee. Based upon the facts presented, CBP has concluded in the final determination that Canada or the United States, i.e., the country where the raw green coffee beans are roasted, is the country of origin of the roasted coffee for purposes of U.S. Government procurement.
Agency Information Collection Activities: Crewman's Landing Permit
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: Vessel Entrance or Clearance Statement
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 December 11, 2017) 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 December 11, 2017) to be assured of consideration.
Automated Commercial Environment (ACE) Becoming the Sole CBP-Authorized Electronic Data Interchange (EDI) System for Generating, Transmitting and Updating Daily and Monthly Statements
This document announces that the Automated Commercial Environment (ACE) will be the sole electronic data interchange (EDI) system authorized by U.S. Customs and Border Protection (CBP) for generating, transmitting, and updating daily and monthly statements for all entries except reconciliation (type 09) entries. This document also announces that the Automated Commercial System (ACS) will no longer be a CBP-authorized EDI system for processing such statements.
U.S. Customs and Border Protection 2017 East Coast Trade Symposium
This document announces that U.S. Customs and Border Protection (CBP) will convene the 2017 East Coast Trade Symposium (ECTS) in Atlanta, GA, on Tuesday, December 5, 2017, and Wednesday, December 6, 2017. The 2017 ECTS will feature panel discussions involving agency personnel, members of the trade community, and other government agencies on the agency's role in international trade initiatives and programs. Members of the international trade and transportation communities and other interested parties are encouraged to attend.
Procedures To Adjust Customs COBRA User Fees To Reflect Inflation
This document adopts as a final rule, with changes, the amendments proposed to the U.S. Customs and Border Protection (CBP) regulations to reflect that customs user fees and limitations established by the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be adjusted for inflation in accordance with the Fixing America's Surface Transportation Act (FAST Act).
COBRA Fees To Be Adjusted for Inflation in Fiscal Year 2018 CBP Dec. 17-17
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 2018 in accordance with the Fixing America's Surface Transportation Act (FAST Act) as implemented by CBP regulations published elsewhere in this issue of the Federal Register.
Modification and Clarification of the National Customs Automation Program Tests Regarding Post-Summary Corrections and Periodic Monthly Statements
This document announces U.S. Customs and Border Protection's (CBP's) modification and clarification to the National Customs Automation Program (NCAP) tests pertaining to the processing of post- summary correction (PSC) claims and periodic monthly statements (PMS). Except to the extent expressly announced or modified by this document, all aspects, rules, terms and conditions announced in previous notices regarding the PSC and PMS tests remain in effect.
Removing the Prohibition on the Importation of Jadeite or Rubies Mined or Extracted From Burma, and Articles of Jewelry Containing Jadeite or Rubies Mined or Extracted From Burma
This document amends the U.S. Customs and Border Protection (CBP) regulations to remove the provision relating to the prohibition on the importation of jadeite or rubies mined or extracted from Burma, and articles of jewelry containing jadeite or rubies mined or extracted from Burma. This reflects the termination of all Burmese sanctions by Executive Order 13742, of October 7, 2016.
Commercial Customs Operations Advisory Committee (COAC)
The Commercial Customs Operations Advisory Committee (COAC) will hold its quarterly meeting on Tuesday, November 14, 2017 in Washington, DC The meeting will be open to the public.
Notice of Revocation of Customs Brokers' Licenses
This document provides notice of the revocation by operation of law of customs brokers' licenses.
Agency Information Collection Activities: Application for Identification 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 December 19, 2017) to be assured of consideration.
Agency Information Collection Activities: Declaration for Free Entry of Returned American Products
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 December 19, 2017) to be assured of consideration.
Accreditation and Approval of AmSpec LLC (Plainfield, IL) as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that AmSpec LLC (Plainfield, IL), 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 April 26, 2017.
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 October 1, 2017, the interest rates for overpayments will be 3 percent for corporations and 4 percent for non- corporations, and the interest rate for underpayments will be 4 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: Documentation Requirements for Articles Entered Under Various Special Tariff Treatment Provisions
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 November 15, 2017) to be assured of consideration.
Agency Information Collection Activities: Application for Waiver of Passport and/or Visa
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 November 15, 2017) to be assured of consideration.
Agency Information Collection Activities: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
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: Cargo Manifest/Declaration, Stow Plan, Container Status Messages and Importer Security Filing
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. 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 November 9, 2017 to be assured of consideration.
Agency Information Collection Activities: Report of Diversion
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 November 9, 2017) to be assured of consideration.
Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials From Guatemala
This final rule amends U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological and ecclesiastical ethnological materials from Guatemala. These restrictions, which were last extended and revised by CBP Dec. 12-17, are due to expire on September 29, 2017, unless extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State (Department of State), has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this additional extension. These restrictions are being extended pursuant to determinations of the Department of State under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. CBP Dec. 12-17 contains the Designated List of archaeological and ecclesiastical ethnological materials that describes the articles to which the restrictions apply.
Changes to the In-Bond Process
This final rule adopts, with several changes, proposed amendments to U.S. Customs and Border Protection (CBP) regulations regarding changes to the in-bond process published in the Federal Register on February 22, 2012. The in-bond process allows imported merchandise to be entered at one U.S. port of entry without appraisement or payment of duties and transported by a bonded carrier to another U.S. port of entry or other authorized destination provided all statutory and regulatory conditions are met. At the destination port, the merchandise is entered or exported. The changes in this rule, including the automation of the in-bond process, will enhance CBP's ability to regulate and track in-bond merchandise and ensure that in- bond merchandise is properly entered or exported. This document addresses comments received in response to the proposed rule and makes several changes in response to the comments that further simplify and facilitate the in-bond process.
Approval of Altol Petroleum Products Services, Inc., Toa Baja, PR, as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that Altol Petroleum Products Services, Inc., Toa Baja, PR, has been approved to gauge petroleum and petroleum products for customs purposes for the next three years as of September 15, 2016.
Approval of American Cargo Assurance, Pasadena, TX, as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that American Cargo Assurance, Pasadena, TX, has been approved to gauge petroleum and petroleum products for customs purposes for the next three years as of August 10, 2016.
Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From the Republic of Mali
This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological materials from Mali. These restrictions, which were originally imposed by Treasury Decision (T.D.) 93-74, and last extended by CBP Decision (Dec.) 12-14, are due to expire on September 19, 2017. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the continued imposition of import restrictions on certain archaeological materials and the addition of import restrictions on certain ethnological materials from Mali. The Designated List of cultural property described in CBP Dec. 07-77 is revised in this document to reflect the addition of ethnological materials to include manuscripts dating between the twelfth and twentieth centuries in paper. The import restrictions imposed on the archaeological and ethnological materials from Mali will be in effect for a five-year period, and the CBP regulations are being amended accordingly to reflect this extension through September 19, 2022. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.
Approval of Inspectorate America Corporation (Sulphur, LA), as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation (Sulphur, LA), has been approved to gauge petroleum and certain petroleum products for customs purposes for the next three years as of March 29, 2017.
Accreditation and Approval of Intertek USA, Inc. (Bellingham, WA), as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Bellingham, WA), 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 August 16, 2016.
Delay of Transition of Test Program Regarding Electronic Foreign Trade Zone; Admission Applications From the Automated Commercial System to the Automated Commercial Environment
On August 16, 2017, U.S. Customs and Border Protection (CBP) published a notice in the Federal Register announcing plans to make the Automated Commercial Environment (ACE) the sole electronic data interchange (EDI) system authorized by the Commissioner of CBP for processing electronic Foreign Trade Zone (FTZ) admission applications. The changes announced in that notice were to become operational on September 16, 2017. This notice announces that the date for the transition to ACE as the sole CBP-authorized EDI system for electronic FTZ admission applications is delayed until December 9, 2017.
Accreditation of Intertek USA, Inc., Yabucoa, PR, as a Commercial Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc., Yabucoa, PR, has been accredited to test petroleum and petroleum products for customs purposes for the next three years as of July 7, 2016.
Accreditation and Approval of Intertek USA, Inc., Savannah, GA, as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc., Savannah, GA, has been approved to gauge and accredited to test petroleum and petroleum products for customs purposes for the next three years as of September 22, 2016.
Approval of Intertek USA, Inc., Baytown, TX, as a Commercial Gauger
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc., Baytown, TX, has been approved to gauge petroleum and petroleum products for customs purposes for the next three years as of September 29, 2014.
Reducing Regulation and Controlling Regulatory Costs
As part of its implementation of Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' issued by the President on January 30, 2017, and Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' issued by the President on February 24, 2017, U.S. Customs and Border Protection (CBP) within the Department of Homeland Security (DHS) is seeking comments and information from interested parties to assist CBP in identifying existing regulations, paperwork requirements, and other regulatory obligations that can be modified or repealed, consistent with law, to achieve savings of time and money while continuing to achieve CBP's statutory obligations.
U.S. Customs and Border Protection User Fee Advisory Committee (UFAC) Charter Renewal
The Department of Homeland Security (DHS) renewed the charter for the U.S. Customs and Border Protection's User Fee Advisory Committee (UFAC) on June 22, 2017. The charter will expire on June 22, 2019.
Western Hemisphere Travel Initiative: Designation of an Approved Native American Tribal Card Issued by the Pokagon Band of Potawatomi Indians as an Acceptable Document To Denote Identity and Citizenship for Entry in the United States at Land and Sea Ports of Entry
This notice announces that the Commissioner of U.S. Customs and Border Protection is designating an approved Native American Tribal Card issued by the Pokagon Band of Potawatomi Indians (Pokagon Band) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of Pokagon Band members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry.
Accreditation and Approval of Intertek USA, Inc., as a Commercial Gauger and Laboratory
Notice is hereby given, pursuant to CBP regulations, that Intertek USA, 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 September 15, 2016.
Agency Information Collection Activities: Bonded Warehouse Regulations
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: Declaration of Person Who Performed Repairs
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.
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