Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48853 

PART 163—RECORDKEEPING 

■ 3. The authority citation for part 163 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1484, 1508, 1509, 1510, 1624. 

Appendix to Part 163 [Amended] 

■ 4. In the Appendix to Part 163, the 

listing for § 12.155 under section IV is 

removed. 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

Approved: September 21, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–23157 Filed 9–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 148 

[CBP Dec. 09–37] 

RIN 1505–AC16 

Increase in Certain Personal Duty 

Exemptions Extended to Returning 

U.S. Residents 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document amends title 

19 of the Code of Federal Regulations 

(CFR) by making technical corrections 

to those regulatory provisions within 

part 148 that set forth personal duty 

exemption amounts authorized by the 

Harmonized Tariff Schedule of the 

United States (HTSUS). These technical 

corrections are necessary to conform 

title 19 of the CFR to amendments to the 

HTSUS effected by section 381 of the 

Trade Act of 2002 and section 

2004(d)(8)(A) and (B) of the 

Miscellaneous Trade and Technical 

Corrections Act of 2004, which 

increased personal duty exemption 

amounts. 

DATES: The final rule is effective on 

September 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Bernarda Gilbert, Passenger Operations, 

Office of Field Operations, Customs and 

Border Protection, (202) 344–2269. 

SUPPLEMENTARY INFORMATION: 

Background 

I. Personal Duty Exemptions 

Generally, when an individual 

imports merchandise into the United 

States, the person must pay duty to 

Customs and Border Protection (CBP) on 

the goods. The amount of duty payable 

is determined by the merchandise’s 

classification within the Harmonized 

Tariff Schedule of the United States 

(HTSUS). 

Under prescribed circumstances, the 

government permits an exemption from 

the payment of duty on certain articles 

imported by or for the account of any 

person arriving in the United States who 

is a returning resident of the United 

States, including American citizens who 

are residents of American Samoa, Guam, 

or the U.S. Virgin Islands. Subheadings 

9804.00.65, 9804.00.70 and 9804.00.72, 

HTSUS, with certain limitations and 

conditions, extend such duty 

exemptions to articles for personal or 

household use that are acquired abroad 

merely as an incident of the foreign 

journey. The duty exemptions (also 

known as personal exemptions) 

provided for in these tariff schedule 

subheadings specify the aggregate fair 

retail value of merchandise that a 

returning resident may bring back to the 

United States without having to pay 

duty. 

It is noted that although the 

Commonwealth of the Northern Mariana 

Islands is not listed in these provisions, 

pursuant to section 603(c) of the 

Covenant to Establish a Commonwealth 

of the Northern Mariana Islands in 

Political Union with the United States 

of America, Public Law 94–241, 90 Stat. 

263, 270, goods imported from the 

Commonwealth of the Northern 

Marianas are entitled to the same tariff 

treatment as imports from Guam and are 

therefore subject to the duty exemptions 

provided for under these subheadings. 

II. Statutory Amendments 

The Trade Act of 2002 (Pub. L. 107– 

210, 116 Stat. 933, 19 U.S.C. 3801) and 

the Miscellaneous Trade and Technical 

Corrections Act of 2004 (Pub. L. 108– 

429, 118 Stat. 2598) amended 

subheadings 9804.00.65, 9804.00.70, 

and 9804.00.72 of the HTSUS, in 

pertinent part, regarding the amounts of 

the duty exemptions, as well as the 

scope of those provisions. The 

amendments are as follows: 

• Section 381, within Subtitle D of 

the Trade Act of 2002, amended 

subheading 9804.00.65, HTSUS, by 

increasing from $400 to $800 the duty 

exemption accorded articles for 

personal or household use 

accompanying returning U.S. residents. 

• Section 2004(d)(8)(A) of the 

Miscellaneous Trade and Technical 

Corrections Act of 2004 (Pub. L. 108– 

429, 118 Stat. 2598) amended 

subheading 9804.00.70, HTSUS, by 

increasing the duty exemption accorded 

to articles for personal or household 

use, whether or not the articles 

accompany the returning resident, from 

$1,200 to $1,600 in the case of a direct 

or indirect arrival from American 

Samoa, Guam, or the Virgin Islands of 

the United States, not more than $800 

(increased from $400) of which must 

have been acquired elsewhere than in 

such locations (including the 

Commonwealth of the Northern Mariana 

Islands, as explained above). The 2004 

amendment to subheading 9804.00.70, 

HTSUS, removed the restriction that 

‘‘up to $600’’ may have been acquired 

in one or more beneficiary countries. 

• Section 2004(d)(8)(B) of the 

Miscellaneous Trade and Technical 

Corrections Act of 2004 amended 

subheading 9804.00.72, HTSUS, by 

increasing the duty exemption accorded 

to articles for personal or household 

use, whether or not accompanying the 

returning resident, from $600 to $800 in 

the case of a direct arrival from a 

beneficiary country of the Caribbean 

Basin Initiative or the Andean Trade 

Preference Program (see U.S. Note 4 to 

Chapter 98, HTSUS (19 U.S.C. 1202)), 

and removed the limitation that ‘‘not 

more than $400 of that amount must 

have been acquired elsewhere than in 

beneficiary countries.’’ 

III. Technical Corrections to the 

Regulations 

Within part 148 of title 19 of the Code 

of Federal Regulations (19 CFR), several 

regulations pertain directly to or 

reference the duty exemptions set forth 

in the amended HTSUS subheadings. 

Technical corrections are necessary to 

the following regulations to conform 

them to the increased personal duty 

exemption amounts set forth in the 

current HTSUS: §§ 148.12; 148.17; 

148.31; 148.32; 148.33; 148.34; 148.35; 

148.36; 148.37; 148.38; 148.51; and 

148.113. 

Sections 148.12(b)(1)(i)(B) and 

148.33(a)(2) and (d)(3)(ii) are also 

amended by removing the reference to 

‘‘§ 10.191(b)(1) of this chapter’’ as the 

source for the definition of ‘‘beneficiary 

country’’ for purposes of these 

provisions, and replacing it with a 

reference to ‘‘U.S. Note 4 to Chapter 98 

of the Harmonized Tariff Schedule of 

the United States.’’ This change is 

necessary because the definition set 

forth in 19 CFR 10.191(b)(1) is limited 

to those countries designated as 

beneficiary countries in accordance 


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48854 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

with section 212(a)(1)(A) of the 

Caribbean Basin Economic Recovery Act 

(19 U.S.C. 2702(a)(1)(A)). The definition 

of ‘‘beneficiary country’’ was expanded 

in U.S. Note 4 to Chapter 98, HTSUS, 

to include products of countries 

designated as beneficiary countries for 

purposes of section 203 of the Andean 

Trade Preference Act (19 U.S.C. 3202). 

This document amends the regulations 

to reflect the correct, expanded 

definition set forth in the HTSUS. 

Inapplicability of Notice and Delayed 

Effective Date 

Because the technical corrections set 

forth in this document are necessary to 

conform part 148 of title 19 of the CFR 

to the amendments to the HTSUS 

effected by section 381 of the Trade Act 

of 2002 and section 2004(d)(8)(A) and 

(B) of the Miscellaneous Trade and 

Technical Corrections Act of 2004, 

pursuant to 5 U.S.C. 553(b)(B), CBP 

finds that good cause exists for 

dispensing with notice and public 

procedure as unnecessary. 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. 

The 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 

As these amendments are technical 

corrections to the regulations to reflect 

statutory changes, these amendments do 

not meet the criteria for a ‘‘significant 

regulatory action’’ as specified in 

Executive Order 12866. 

Signing Authority 

This document is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 148 

Customs duties and inspection, 

Declarations, Reporting and 

recordkeeping requirements, Taxes. 

Amendment to the Regulations 

■ For the reasons stated above, part 148 

of title 19 of the Code of Federal 

Regulations (19 CFR part 148) is 

amended as set forth below. 

PART 148—PERSONAL 

DECLARATIONS AND EXEMPTIONS 

■ 1. The authority citation for part 148 

continues to read as follows: 

Authority: 19 U.S.C. 66, 1496, 1498, 1624. 

The provisions of this part, except for subpart 

C, are also issued under 19 U.S.C. 1202 

(General Note 3(i), Harmonized Tariff 

Schedule of the United States); 

Section 148.21 also issued under 19 U.S.C. 

1461, 1462. 

Section 148.22 also issued under 19 U.S.C. 

1629; 

Sections 148.43, 148.51, 148.63, 148.64, 

148.74 also issued under 19 U.S.C. 1321; 

Section 148.87 also issued under 22 U.S.C. 

288. 

■ 2. Section 148.11 is amended by 

removing the word ‘‘Customs’’ each 

place it appears and adding in its place 

the term ‘‘CBP’’, and by removing the 

word ‘‘shall’’ and adding in its place the 

word ‘‘must’’. 

■ 3. In § 148.12: 

■ a. Paragraph (a) is amended by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; 

■ b. Paragraph (b)(1)(i)(A) is amended 

by removing ‘‘$400’’ and adding in its 

place ‘‘$800’’; 

■ c. Paragraphs (b)(1)(i)(B) and (C) are 

revised; and 

■ d. Paragraph (c) is amended by 

removing the word ‘‘Customs’’ where it 

appears and adding in each place the 

term ‘‘CBP’’. 

The revisions to § 148.12 read as 

follows. 

§ 148.12 Oral declarations. 

* * * * * 

(b) * * * 

(1) * * * 

(i) * * * 

(B) $800 in the case of a direct arrival 

from a beneficiary country as defined in 

U.S. Note 4 to Chapter 98, Harmonized 

Tariff Schedule of the United States (19 

U.S.C. 1202); or 

(C) $1,600 in the case of a direct or 

indirect arrival from American Samoa, 

Guam, the Commonwealth of the 

Northern Mariana Islands, or the Virgin 

Islands of the United States, not more 

than $800 of which must have been 

acquired elsewhere than in such 

locations. 

* * * * * 

■ 4. In § 148.17: 

■ a. Paragraph (a) is amended by 

removing the word ‘‘shall’’ wherever it 

appears and adding in each place the 

word ‘‘must’’, and by removing the 

word ‘‘Customs’’ wherever it appears 

and adding in each place the term 

‘‘CBP’’; 

■ b. Paragraph (b) is amended by 

removing the word ‘‘Customs’’ wherever 

it appears and adding in each place the 

term ‘‘CBP’’, and by removing the 

language ‘‘$400, $600, or $1,200’’ and 

adding in its place, ‘‘$800 or $1,600’’; 

and 

■ c. Paragraph (c) is amended by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’, by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place, ‘‘$800 

or $1,600’’, and by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘will’’. 

■ 5. Section 148.31(b) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language,’’$800 or $1,600’’. 

■ 6. In § 148.32: 

■ a. Paragraph (a) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’; 

■ b. Paragraph (b) is amended by 

removing the word ‘‘shall’’ wherever it 

appears and adding in each place the 

word ‘‘will’’, and by removing the word 

‘‘Customs’’ wherever it appears and 

adding in each place the term ‘‘CBP’’; 

■ c. Paragraph (c) is amended, in the 

second sentence, by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘will’’ and, in the fourth sentence, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘must’’; and 

■ d. The introductory text to paragraph 

(d) is amended by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘will’’ and, in paragraph (d)(2), by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’. 

■ 7. In § 148.33: 

■ a. The introductory text to paragraph 

(a) is amended by removing the word 

‘‘shall’’ and adding in its place the word 

‘‘must’’; 

■ b. Paragraph (a)(1) is amended by 

removing the language ‘‘$400’’ and 

adding in its place the language, 

‘‘$800’’; 

■ c. Paragraphs (a)(2) and (a)(3) are 

revised; 

■ d. Paragraph (b) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’, and by 

removing the word ‘‘shall’’ wherever it 

appears and adding in each place the 

word ‘‘will’’; 

■ e. Paragraph (d)(2) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’; 

■ f. Paragraph (d)(3)(i) is amended by 

removing the words ‘‘1 liter of which 

shall have been’’ and adding in their 

place the words ‘‘1 liter of which was’’, 

and by removing the words ‘‘4 liters of 

which shall have been’’ and adding in 

their place the words ‘‘4 liters of which 

were’’; 

■ g. Paragraph (d)(3)(ii) is amended by 

removing the words ‘‘§ 10.191(b)(1) of 

this chapter’’ and adding in their place 

the language, ‘‘U.S. Note 4 to Chapter 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48855 

98, Harmonized Tariff Schedule of the 

United States (19 U.S.C. 1202)’’; and 

■ h. Paragraph (f) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’. 

The revisions to § 148.33 read as 

follows: 

§ 148.33 Articles acquired abroad. 

(a) * * * 

(2) $800 in the case of a direct arrival 

from a beneficiary country, as defined in 

U.S. Note 4 to Chapter 98, Harmonized 

Tariff Schedule of the United States, 

whether or not the articles accompany 

the returning resident. Articles acquired 

elsewhere than in such beneficiary 

country that do not accompany the 

returning resident are not entitled to the 

duty exemption; or 

(3) $1,600 in the case of a direct or 

indirect arrival from American Samoa, 

Guam, the Commonwealth of the 

Northern Mariana Islands, or the Virgin 

Islands of the United States, whether or 

not the articles accompany the returning 

resident, not more than $800 of which 

may have been acquired elsewhere than 

in such locations. Articles acquired 

elsewhere than in such insular 

possessions that do not accompany the 

returning resident are not entitled to the 

duty exemption. 

■ 8. In § 148.34: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language, ‘‘$800 or 

$1,600’’, and by removing the word 

‘‘shall’’ where is appears and adding in 

each place the word ‘‘will’’; and 

■ b. The introductory text to paragraph 

(b) is amended by removing the words 

‘‘shall include’’ and adding in their 

place the word ‘‘includes’’. 

■ 9. In § 148.35: 

■ a. The heading text to paragraph (a) is 

revised to read, ‘‘Requirements for 

allowance of $800 or $1,600 

exemption.’’; 

■ b. Paragraph (a) is amended, in the 

first sentence, by removing the language 

‘‘$400, $600, or $1,200’’ and adding in 

its place the language ‘‘$800 or $1,600’’ 

and by removing the word ‘‘shall’’ and 

adding in its place the word ‘‘will’’ and, 

in the second sentence, by removing the 

reference to ‘‘$400’’ and adding in its 

place ‘‘$800’’. 

■ c. The heading text to paragraph (b) is 

revised to read, ‘‘Not required for 

allowance of $1,600 exemption on 

return from the Virgin Islands.’’; 

■ d. Paragraph (b) is amended by 

removing the reference to ‘‘$1,200’’ and 

adding in its place ‘‘$1,600’’; and 

■ e. Paragraph (c) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’. 

■ 10. In § 148.36: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language ‘‘$800 or 

$1,600’’, and by removing the word 

‘‘shall’’ wherever it appears and adding 

in each place the word ‘‘will’’; and 

■ b. Paragraph (b) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’, and by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language ‘‘$800 or $1,600’’. 

■ 11. In § 148.37: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’ and, in the 

last sentence, by removing the words 

‘‘Customs matters’’ and adding in their 

place the words ‘‘customs matters’’ and 

by removing the words ‘‘Customs 

supervision’’ and adding in their place 

the words ‘‘CBP supervision’’; 

■ b. Paragraph (b) is amended, in the 

first sentence, by removing the language 

‘‘$400, $600, or $1,200’’ and adding in 

its place the language, ‘‘$800 or $1,600’’, 

by removing the word ‘‘shall’’ and 

adding its place the word ‘‘must’’, and 

by removing the word ‘‘Customs’’ each 

place it appears and adding the term 

‘‘CBP’’; and, in the second sentence, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’, and by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; and 

■ c. Paragraph (c) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language, ‘‘$800 or 

$1,600’’, by removing the word 

‘‘Customs’’ wherever it appears and 

adding in each place the term ‘‘CBP’’, 

and by removing the word ‘‘shall’’ 

wherever it appears and adding in each 

place the word ‘‘will’’. 

■ 12. Section 148.38 is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’. 

■ 13. In § 148.51: 

■ a. Paragraph (a)(2) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’; and 

■ b. The introductory text to paragraph 

(b), and paragraph (b)(2), are amended 

by removing the word ‘‘shall’’ wherever 

it appears and adding in each place the 

word ‘‘will’’. 

■ 14. In § 148.113(a): the number 

‘‘$1,200’’ is removed and the number 

‘‘$1,600’’ is added in its place; the word 

‘‘shall’’ is removed wherever it appears 

and the word ‘‘must’’ is added in each 

place, and; the word ‘‘Customs’’ is 

removed wherever it appears and the 

term ‘‘CBP’’ is added in each place. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Approved: September 21, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–23158 Filed 9–24–09; 8:45 am] 

BILLING CODE 9111–14–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2008–0047] 

RIN 0960–AG62 

Payments to Beneficiaries Residing in 

Vietnam and Cambodia and Other 

Conforming Changes 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our regulation 

to remove Vietnam and Democratic 

Kampuchea (now Cambodia) from the 

list of countries to which social security 

benefits may not be sent under 

restrictions imposed by the Department 

of the Treasury (Treasury). This revision 

reflects published Treasury regulations 

that removed the restrictions on sending 

Federal payments to beneficiaries living 

in those countries. In addition, we are 

updating the citation for Treasury’s 

authority to restrict payments to 

beneficiaries living in certain countries 

and correcting a typographical error in 

one of the section headings. 

DATES: This regulation is effective 

September 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Tothero, Social Insurance 

Specialist, Office of International 

Programs, 3700 Operations, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, (410) 966–6975. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213 or visit our 

Internet Web site, SSA Online, at 

http://www.ssa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 


CPrice-Sewell on DSKGBLS3C1PROD with RULES