This PDF is the current document as it appeared on Public Inspection on 07/27/2017 at 08:45 am.
U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury.
U.S. Customs and Border Protection (CBP) periodically reviews its regulations to ensure that they are current, correct, and consistent. Through this review process, CBP discovered some discrepancies. This document amends certain sections of title 19 of the Code of Federal Regulations to remedy these discrepancies.
The final rule is effective July 28, 2017.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Grace A. Kim, Regulations and Rulings, Office of Trade, (202) 325-7941.End Further Info End Preamble Start Supplemental Information
It is the policy of U.S. Customs and Border Protection (CBP) to periodically review title 19 of the Code of Federal Regulations (19 CFR) to ensure that it is accurate and up-to-date so that the importing and general public is aware of CBP programs, requirements, and procedures regarding import-related activities. As part of this review policy, CBP has determined that certain corrections to 19 CFR parts 159 and 181 are necessary.
Discussion of Changes
Section 159.58 (19 CFR 159.58) concerns the suspension of liquidation by CBP when there are antidumping and countervailing duty determinations. The references to part 353 of title 19 CFR in 19 CFR 159.58(a) and to part 355 of title 19 CFR in 19 CFR 159.58(b) are incorrect. On May 19, 1997, the U.S. Start Printed Page 35065Department of Commerce revised its regulations on antidumping and countervailing duty proceedings to conform to the Uruguay Round Agreements Act (62 FR 27296) (May 19, 1997) which resulted in a new part 351 and the deletion of parts 353 and 355. Accordingly, this document makes conforming changes to §§ 159.58(a) and 159.58(b) to reflect this revision.
Subpart D of Part 181 of title 19 deals with post-importation duty refund claims under the North American Free Trade Agreement (NAFTA). Section 181.33(d)(1) lists instances wherein a port director may deny a post-importation duty refund claim for preferential tariff treatment for imported goods under the NAFTA, and it references § 181.32(b)(3) in the context of the validity of a Certificate of Origin. This is not the correct reference. The proper reference should be to § 181.32(b)(2), which references the requirement to file a Certificate of Origin with respect to the imported goods. Accordingly, this document makes changes to § 181.33(d)(1) to reference § 181.32(b)(2) instead of § 181.32(b)(3).
Inapplicability of Notice and Delayed Effective Date
As the technical corrections set forth in this document merely conform to existing law and regulation, CBP finds that good cause exists for dispensing with notice and public procedure as unnecessary under 5 U.S.C. 553(b)(B). For this same reason, pursuant to 5 U.S.C. 553(d)(3), CBP finds that good cause exists for dispensing with the requirement for a delayed effective date.
Regulatory Flexibility Act
Executive Order 12866
These amendments do not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866, as supplemented by Executive Order 13563.
This document is limited to technical corrections of the CBP regulations. Accordingly, it is being signed under the authority of 19 CFR 0.1(b)(1).Start List of Subjects
List of Subjects
- Alcohol and alcohol beverages
- Antidumping (Liquidation of duties)
- Cigars and cigarettes
- Computer technology
- Countervailing duties (Liquidation of duties)
- Customs duties and inspection
- Discriminating duties
- Entry procedures
- Foreign currencies
- Liquidation of entries for merchandise
- Suspension of liquidation pending disposition of American manufacturer's cause of action
- Value content
- Administrative practice and procedure
- Customs duties and inspection
- Reporting and recordkeeping requirements
- Trade agreements (North American Free-Trade Agreements)
Amendments to the Regulations
For the reasons set forth above, parts 159 and 181 of the CBP regulations (19 CFR parts 159 and 181) are amended as set forth below.Start Part
PART 159—LIQUIDATION OF DUTIESEnd Part Start Amendment Part
1. The general authority citation for part 159 continues to read as follows:End Amendment Part
2. Section 159.58 is amended:End Amendment Part Start Amendment Part
a. In paragraph (a) by removing the term “part 353” and adding in its place the term “part 351”; andEnd Amendment Part Start Amendment Part
b. In paragraph (b) by removing the term “part 355” and adding in its place the term “part 351”.End Amendment Part Start Part
PART 181—NORTH AMERICAN FREE TRADE AGREEMENTEnd Part Start Amendment Part
3. The authority citation for part 181 continues to read as follows:End Amendment Part
Subpart D of part 181 also issued under 19 U.S.C. 1520(d).
4. Section 181.33(d)(1) is amended by removing the citation “§ 181.32(b)(3)” and adding in its place the citation “§ 181.32(b)(2)”.End Amendment Part Start Signature
Dated: July 24, 2017.
Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2017-15888 Filed 7-27-17; 8:45 am]
BILLING CODE 9111-14-P