[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Rules and Regulations]
[Pages 82241-82242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32912]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Part 141

[USCBP-2008-0062; CBP Dec. 10-33]
RIN 1515-AD61 (Formerly 1505-AB96)


Technical Correction: Completion of Entry and Entry Summary--
Declaration of Value

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

ACTION: Final rule.

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SUMMARY: Customs and Border Protection (CBP) periodically reviews its 
regulations to ensure that they are current, correct, and consistent. 
As a result of this review process, CBP has determined that a 
correction to part 141 of title 19 of the CBP Regulations (19 CFR part 
141) is necessary to reflect that the underlying statutory authority 
for Sec.  141.61(g) has expired and that this regulation is no longer 
necessary.

[[Page 82242]]

Accordingly, part 141 of the CBP regulations is amended by removing the 
obsolete regulation.

DATES: The final rule is effective December 30, 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 requirements and procedures 
regarding import-related activities. As part of this review policy, CBP 
has determined that a correction to 19 CFR part 141 is necessary.
    Section 141.61 of the CBP regulations (19 CFR 141.61) prescribes 
the manner by which entry and entry summary documentation must be 
completed. Within Sec.  141.61, paragraph (g) requires an importer to 
indicate on the CBP Form 7501 the manner by which the declared 
transaction value on imported merchandise was determined. This 
requirement is authorized by Sec.  15422(a) of the Food, Conservative, 
and Energy Act of 2008 (the ``Act''), Public Law 110-234, 122 Stat. 
1547 (19 U.S.C. 1484 note), in which Congress required CBP to collect 
for a one-year period beginning August 20, 2008, and ending August 19, 
2009, from importers information on whether the transaction value of 
imported merchandise is determined on the basis of the price paid by 
the buyer in the first or earlier sale occurring prior to introduction 
of the merchandise into the United States.
    On August 25, 2008, CBP published an interim rule as CBP Dec. 08-31 
in the Federal Register (73 FR 49939) implementing the Act's first sale 
declaration requirement that for a specified time period importers were 
required to declare, at the time of entry, the transaction value method 
employed. As the statutory authority for the importer declaration 
requirement expired on August 19, 2009, this document amends 19 CFR 
141.61 by removing paragraph (g).

Inapplicability of Notice and Delayed Effective Date Requirements

    Because the technical corrections set forth in this document merely 
conform to existing law, 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 in 19 CFR Part 141

    Customs duties and inspection, Entry of merchandise, Reporting and 
recordkeeping requirements.

Amendments to the Regulations

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For the reasons set forth above, part 141 of the CBP regulations (19 
CFR part 141) is amended as set forth below.

PART 141--ENTRY OF MERCHANDISE

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1. The general authority for part 141 continues to read as follows, and 
the specific authority for Sec.  141.61 is removed:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *

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2. Section 141.61 is amended by removing paragraph (g).

    Dated: December 23, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-32912 Filed 12-29-10; 8:45 am]
BILLING CODE 9111-14-P