Customs and Border Protection, Department of Homeland Security.
Pursuant to information provided by the Department of State, Customs and Border Protection has found that no discriminating or countervailing duties are imposed by the government of Lithuania on vessels owned by citizens of the United States. Accordingly, vessels of Lithuania are exempt from special tonnage taxes and light money in ports of the United States. This document amends title 19 of the Code of Federal Regulations by adding Lithuania to the list of nations whose vessels are exempt from payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money.
This amendment is effective March 10, 2008. The exemption from special tonnage taxes and light money for vessels registered in Lithuania became applicable on February 13, 2002.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Glen Vereb, Regulations and Rulings, Office of International Trade, (202) 572-8724.End Further Info End Preamble Start Supplemental Information
Generally, the United States imposes regular and special tonnage taxes, and a duty of a specified amount per ton, called “light money,” on all foreign vessels which enter U.S. ports (46 U.S.C. 60301-60303). However, vessels of a foreign country may be exempted from the payment of special tonnage taxes and light money upon presentation of satisfactory proof that the government of that foreign country does not impose discriminatory or countervailing duties to the disadvantage of the United States (46 U.S.C. 60304).
Section 4.22, Customs and Border Protection (CBP) regulations (19 CFR 4.22), lists those countries whose vessels have been found to be exempt from the payment of any higher tonnage duties than are applicable to vessels of the United States and from the payment of light money. The authority to amend this section of the CBP regulations has been delegated to the Chief, Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade.
By letter dated April 13, 2007, the Department of State informed CBP that the government of Lithuania does not impose discriminating or countervailing duties on vessels owned by citizens of the United States. Accordingly, the Department of State recommended that Lithuania be added to the list of countries whose vessels are exempt from special tonnage taxes and light money in ports of the United States, effective February 13, 2002.
On the basis of the above-mentioned information from the Department of State regarding the absence of discriminating or countervailing duties imposed by the government of Lithuania on vessels owned by citizens of the United States, CBP has determined that vessels of Lithuania are exempt from the payment of special tonnage tax and light money, effective February 13, 2002. The CBP regulations are amended accordingly.
Inapplicability of Notice and Delayed Effective Date
Because this amendment merely implements a statutory requirement and confers a benefit upon the public, CBP has determined that notice and public procedure are unnecessary pursuant to section 553(b)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). Further, for the same reasons, good cause exists for dispensing with a delayed effective date under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)).
Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This amendment does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866.
This document is being issued by CBP in accordance with § 0.1(b)(1) of the CBP regulations (19 CFR 0.1(b)(1)).Start List of Subjects
List of Subjects in 19 CFR Part 4End List of Subjects
Amendment to the CBP RegulationsStart Amendment Part
For the reasons set forth above, part 4 of title of the Code of Federal Regulations (End Amendment Part Start Part
PART 4—VESSELS IN FOREIGN AND DOMESTIC TRADESEnd Part Start Amendment Part
1. The general authority citation for part 4 and the specific authority for § 4.22 are revised to read as follows:End Amendment Part
Section 4.22 also issued under 46 U.S.C. 60301, 60302, 60303, 60304, 60305, 60306, 60312, 60503;
2. Section 4.22 is amended by adding “Lithuania” in appropriate alphabetical order.End Amendment Part Start Signature
Dated: March 5, 2008.
Craig A. Walker
Acting Chief, Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade.
[FR Doc. E8-4641 Filed 3-7-08; 8:45 am]
BILLING CODE 9111-14-P