[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Rules and Regulations]
[Pages 69583-69585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28709]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Parts 4 and 10

[CBP Dec. 10-33]


Technical Corrections to Customs and Border Protection 
Regulations

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Customs and Border Protection (CBP) periodically reviews its 
regulations to ensure that they are current, correct, and consistent. 
Through this review process, CBP discovered a number of discrepancies. 
This document amends various sections of title 19 of the Code of 
Federal

[[Page 69584]]

Regulations to remedy those discrepancies.

DATES: The final rule is effective November 15, 2010.

FOR FURTHER INFORMATION CONTACT: Robert Shervette, Trade and Commercial 
Regulations Branch, Regulations and Rulings, Office of International 
Trade, (202) 325-0274.

SUPPLEMENTARY INFORMATION:

Background

    It is the policy of 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 4 
and 10 are necessary.

Discussion of Changes

Part 4

    Sections 4.2, 4.3, 4.9, and 4.60 of the CBP regulations (19 CFR 
4.2, 4.3, 4.9, and 4.60) govern the arrival, entry, and clearance of 
vessels. Currently, these regulatory provisions require, in part, that 
U.S. vessels carrying bonded merchandise must report their arrival, 
make formal entry, and obtain formal clearance, when arriving or 
departing a port or place within the United States. These regulatory 
provisions are not in conformance with their respective controlling 
statutes. Sections 1452(a)(1), (2), and (3) of the Tariff Suspension 
and Trade Act of 2000 (``Trade Act'') (Pub. L. 106-476, 114 Stat. 2167 
(2000)) amended 19 U.S.C. 1433(a)(1)(C), 19 U.S.C. 1434(a)(3), and 46 
U.S.C. 60105(a)(2) \1\ to exempt arriving and departing vessels of the 
United States that are carrying bonded merchandise from these arrival, 
entry, and clearance requirements. Accordingly, this document makes 
conforming changes to Sec. Sec.  4.2(a), 4.3(a)(3), 4.9(b), and 
4.60(a)(3) to reflect these statutory amendments.
---------------------------------------------------------------------------

    \1\ The Trade Act amended 46 U.S.C. App. 91. However, 46 U.S.C. 
App. 91 was recodified to 46 U.S.C. 60105 by statute (Pub. L. 109-
304, 120 Stat. 1675 (Oct. 9, 2006)).
---------------------------------------------------------------------------

Part 10

    Section 10.121 of the CBP regulations (19 CFR 10.121) governs CBP's 
role in administering the duty-free importation of qualifying visual 
and auditory materials under the ``Agreement for Facilitating the 
International Circulation of Visual and Auditory Materials of an 
Educational, Scientific, and Cultural Character'' made at Beirut, 
Lebanon in 1948 (also referred to as the ``Beirut Agreement of 1948'') 
(Pub. L. 89-634, 80 Stat. 879 (October 8, 1966)). Executive Order 
11311, 31 FR 13413 (Oct. 18, 1966), implemented the United States' 
obligations under the Agreement and designated the United States 
Information Agency (USIA) to carry out its provisions. The USIA was 
abolished in 1999 by the Foreign Affairs Reform and Restructuring Act 
of 1998 (Pub. L. 105-277, 112 Stat. 2681-776 (1998)), and its functions 
transferred to the U.S. Department of State. This document amends 19 
CFR 10.121 to reflect this fact.
    This document also amends Sec.  10.121(a) to reflect the changes 
made to subheading 9817.00.40 of the Harmonized Tariff Schedule of the 
United States (HTSUS), and to the U.S. Notes in Subchapter XVII, 
Chapter 98, HTSUS. Subheading 9817.00.40, HTSUS, permits duty-free 
treatment for certain articles that are determined to be visual or 
auditory materials of an educational, scientific, or cultural character 
within the meaning of Article I of the Agreement. The U.S. Notes to 
Subchapter XVII were changed by Presidential Proclamation. See 
Proclamation No. 5978, 54 FR 21187 (May 17, 1989). The note related to 
the Agreement for subheading 9817.00.40, HTSUS, was changed from ``note 
1'' to ``note 1(a)(i)''. Section 10.121(a) currently references ``U.S. 
Note 1,'' which is amended to reference ``U.S. note 1(a)(i).''
    In addition, this document amends Sec.  10.121(b) to remove the 
word ``shall'' in the first, second and last sentences and to replace 
it with the word ``will'' in order to conform this regulation with the 
plain English mandate. Lastly, the word ``immediately'' is deleted from 
the last sentence because the use of this term conflicts with the 
phrase ``in the ordinary course'' as a consumption entry would 
liquidate on a set schedule and not immediately as the sentence 
currently reads.

Other Changes

    This document also makes non-substantive amendments to 19 CFR to 
reflect the nomenclature changes made necessary by the transfer of the 
legacy U.S. Customs Service of the Department of the Treasury to the 
Department of Homeland Security (DHS) and DHS's subsequent renaming of 
the agency as U.S. Customs and Border Protection on March 31, 2007 (see 
72 FR 20131 (April 23, 2007)).

Inapplicability of Notice and Delayed Effective Date

    Because 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

    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Signing Authority

    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).

List of Subjects

19 CFR Part 4

    Administrative practice and procedure, Arrival, Bonds, Cargo 
vessels, Customs duties and inspection, Entry, Imports, Merchandise, 
Reporting and recordkeeping requirements, Shipping, Vessels.

19 CFR Part 10

    Customs duties and inspection, Entry, Imports, Preference programs, 
Reporting and recordkeeping requirements, Trade agreements.

Amendments to the Regulations

0
For the reasons set forth above, parts 4 and 10 of the CBP regulations 
(19 CFR parts 4 and 10) are amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general and specific authority citations for part 4 continue to 
read as follows:

    Authority:  5. U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 501, 60105.

* * * * *
    Section 4.2 also issued under 19 U.S.C. 1441, 1486;

[[Page 69585]]

    Section 4.3 also issued under 19 U.S.C. 288, 1441;
* * * * *
    Section 4.9 also issued under 42 U.S.C. 269;
* * * * *


Sec.  4.2  [Amended]

0
2. In Sec.  4.2:
0
a. Paragraph (a) is amended: by removing the word ``Customs'' each time 
that it appears and adding in its place the term ``CBP''; in the first 
sentence, by removing the words ``bonded merchandise or'', and by 
removing the word ``shall'' and adding in its place the word ``must'', 
and; in the second sentence, by removing the word ``shall'' and adding 
in its place the word ``may'';
0
b. Paragraph (b) is amended by removing the word ``Customs'' and adding 
in its place the word ``customs'';
0
c. Paragraph (c) is amended, in the first sentence, by removing the 
word ``may'' and adding in its place the word ``must'', and by removing 
the word ``shall'' and adding in its place the word ``must''; and; in 
the last sentence, by removing the word ``shall'' and adding in its 
place the word ``will'', and by removing the word ``may'' and adding in 
its place the word ``must''; and
0
d. Paragraph (d) is amended by removing the word ``shall'' and adding 
in its place the word ``must''.


Sec.  4.3  [Amended]

0
3. In Sec.  4.3:
0
a. Paragraph (a)(3) is amended by removing the words ``merchandise on 
board which is being transported in-bond (not including bonded ship's 
stores or supplies), or'', and adding the words ``on board'' after the 
words ``foreign merchandise''; and
0
b. Paragraph (b)(2) is amended by removing the word ``Customs'' each 
time that it appears and adding in its place the term ``CBP''.


Sec.  4.9  [Amended]

0
4. In Sec.  4.9:
0
a. Paragraph (a) is amended by removing the word ``Customs'' each time 
that it appears and adding in its place the term ``CBP''; and
0
b. Paragraph (b) is amended in the second sentence by removing the 
words ``when they have merchandise aboard which is being transported 
in-bond, or'', by removing the third and fourth sentences, and by 
removing the word ``Customs'' in the last sentence and adding in its 
place the term ``CBP''.


Sec.  4.60  [Amended]

0
5. In Sec.  4.60:
0
a. Paragraph (a) is amended by removing the words ``the Customs 
Service'' and adding in their place the term ``CBP'';
0
b. Paragraph (a)(3) is amended by removing the words ``merchandise on 
board that is being transported in-bond (not including bonded ship's 
stores or supplies), or'';
0
c. Paragraph (b)(1) is amended by removing the word ``Customs'' and 
adding in its place the word ``customs'';
0
d. Paragraph (c) is amended by removing the word ``shall'' and adding 
in its place the word ``will'';
0
e. Paragraph (d) is amended, in the first sentence, by removing the 
words ``shall be reported'' and adding in their place the words ``must 
be reported'', and by removing the words ``shall note'' and adding in 
their place the words ``will note'', and; in the last sentence, by 
removing the word ``shall'' each time that it appears and adding in its 
place the word ``must''; and
0
f. Paragraph (e) is amended by removing the word ``shall'' and adding 
in its place the word ``will''.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
6. The general authority citation for part 10 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 3314.
* * * * *

0
7. Sec.  10.121 is revised to read as follows:


Sec.  10.121  Visual or auditory materials of an educational, 
scientific, or cultural character.

    (a) Where photographic film and other articles described in 
subheading 9817.00.40, Harmonized Tariff Schedule of the United States 
(HTSUS), are claimed to be free of duty under subheading 9817.00.40, 
HTSUS, there must be filed, in connection with the entry covering such 
articles, a document issued by the U.S. Department of State certifying 
that it has determined that the articles are visual or auditory 
materials of an educational, scientific, or cultural character within 
the meaning of the Agreement for Facilitating the International 
Circulation of Visual and Auditory Materials of an Educational, 
Scientific, and Cultural Character as required by U.S. note 1(a)(i), 
Subchapter XVII, chapter 98, HTSUS.
    (b) Articles entered under subheading 9817.00.40, HTSUS, will be 
released from CBP custody prior to submission of the document required 
in paragraph (a) of this section only upon the deposit of estimated 
duties with the port director. Liquidation of an entry covering 
merchandise which has been released under this procedure will be 
suspended for a period of 90 days from the date of entry or until the 
required document is submitted, whichever occurs first. In the event 
that the director of the port of entry does not receive the required 
document within the 90-day period, the merchandise will be classified 
and liquidated in the ordinary course, without regard to subheading 
9817.00.40, HTSUS.

    Dated: November 9, 2010.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-28709 Filed 11-12-10; 8:45 am]
BILLING CODE 9111-14-P