51914 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 

expired, the State agency shall verify 

with the law enforcement agency 

whether it has attempted to execute the 

warrant. If it has, the State agency shall 

take appropriate action to deny an 

applicant or terminate a participant who 

has been determined to be a fleeing 

felon or a probation or parole violator or 

who has been apprehended. If the law 

enforcement agency has not taken any 

action within 30 days, the State agency 

shall not consider the individual a 

potential fleeing felon or probation or 

parole violator, shall document the case 

file accordingly, and take no further 

action. 

(5) Application processing. The State 

agency shall continue to process the 

application while awaiting verification 

of fleeing felon or probation or parole 

violator status. If the State agency is 

required to act on the case without 

being able to determine fleeing felon or 

probation or parole violator status in 

order to meet the time standards in 

§ 273.2(g) or § 273.2(i)(3), the State 

agency shall process the application 

without consideration of the 

individual’s fleeing felon or probation 

or parole violator status. 

* * * * * 

4. Paragraph 273.12(a)(5)(vi)(B) is 

amended by redesignating paragraph 

(a)(5)(vi)(B)(3) as paragraph 

(a)(5)(vi)(B)(4) and adding a new 

paragraph (a)(5)(vi)(3) to read as follows: 

§ 273.12 Reporting requirements. 

(a) * * * 

(5) * * * 

(vi) * * * 

(B) * * * 

(3) A household member has been 

identified as a fleeing felon or probation 

or parole violator in accord with 

§ 273.11(n); 

Dated: August 11, 2011. 

Kevin Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2011–21194 Filed 8–18–11; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10 and 163 

[USCBP–2011–0030] 

RIN 1515–AD75 

Duty-Free Treatment of Certain Visual 

and Auditory Materials 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend the U.S. Customs and Border 

Protection (CBP) regulations pertaining 

to the filing of documentation related to 

free entry of certain merchandise under 

Chapter 98 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

The proposed amendment would permit 

an applicant to file the documentation 

required for duty-free treatment of 

certain visual and auditory materials of 

an educational, scientific, or cultural 

character under subheading 9817.00.40, 

HTSUS, at any time prior to the 

liquidation of the entry. The regulation 

currently requires the filing of this 

documentation within 90 days of the 

date of entry. The proposed change 

would provide more time for the 

importer to provide the necessary 

certification documentation to CBP and 

would serve to align the filing of 

required certification documentation 

with a change in CBP policy that 

extended the liquidation cycle for 

entries in the ordinary course of 

business from 90 days to 314 days after 

the date of entry. The change is 

consistent with other regulations that 

govern the duty-free treatment of 

merchandise under Chapter 98, HTSUS. 

DATES: Written comments must be 

received on or before October 18, 2011. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via Docket No. USCBP 2011–0030. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 799 9th Street, NW., (Mint 

Annex), Washington, DC 20229–1179. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may also be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Robert Dinerstein, Valuation and 

Special Programs Branch, Regulations 

and Rulings, Office of International 

Trade, (202) 325–0132. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this 

proposed rule. U.S. Customs and Border 

Protection (CBP) also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this proposed rule. 

Comments that will provide the most 

assistance to CBP in developing these 

procedures will reference a specific 

portion of the proposed rule, explain the 

reason for any recommended change, 

and include data, information, or 

authority that supports such 

recommended change. See ADDRESSES

above for information on how to submit 

comments. 

Background 

The United States signed the 

‘‘Agreement for Facilitating the 

International Circulation of Visual and 

Auditory Materials of an Educational, 

Scientific, and Cultural Character’’ 

made at Beirut, Lebanon (also referred 

to as the ‘‘Beirut Agreement’’) in 1948. 

By Public Law 89–634, 80 Stat. 879, 19 

U.S.C. 2501 (October 8, 1966), which 

amended the Tariff Schedules of the 

United States, and Executive Order 

11311, 31 FR 13413 (Oct. 18, 1966), the 

United States implemented its 

obligations under the Agreement to 


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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 51915 

allow certain qualifying visual and 

auditory materials to be imported into 

the United States duty-free. The 

provision for duty-free treatment for 

these materials is now set forth under 

subheading 9817.00.40 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). 

CBP coordinates with the U.S. 

Department of State in administering 

the obligations of the United States 

under the Beirut Agreement. The 

Department of State is the agency 

responsible for determining whether 

articles qualify under the Agreement for 

duty-free treatment under subheading 

9817.00.40 of the HTSUS, and CBP is 

responsible for ensuring that duty-free 

treatment for merchandise entered 

under that HTSUS subheading is 

provided only if the Department of State 

has certified that the articles qualify. 

The relevant regulations of the 

Department of State are set forth in 22 

CFR part 61 and the regulation detailing 

the Department of State’s issuance of the 

certification document is set forth at 22 

CFR 61.8. The relevant CBP regulation 

is 19 CFR 10.121. As the program 

currently is administered, an applicant 

is required to file the Department of 

State’s certification document in 

connection with an entry covering 

articles for which duty-free treatment is 

sought. See 19 CFR 10.121(a). 

This document proposes to amend the 

CBP regulation regarding the time 

period in which a party seeking dutyfree treatment under subheading 

9817.00.40 of the HTSUS must provide 

certification from the Department of 

State. If the required documentation has 

not been filed with CBP at the time of 

entry for merchandise entered under 

subheading 9817.00.40, HTSUS, section 

10.121(b) of the CBP regulations permits 

liquidation to be suspended for 90 days 

after entry to allow an applicant time to 

obtain the certifying Department of State 

document. This proposed amendment 

would permit more time for the 

importer to provide the necessary 

certification documentation to CBP. 

This document proposes to amend 19 

CFR 10.121(b) by removing the language 

which provides for the suspension of 

liquidation of an entry for 90 days and 

to provide, instead, that the required 

documentation may be filed with CBP 

any time prior to liquidation. This 90- 

day suspension provision was 

promulgated in 1966 and section 

10.121(b) does not reflect the 

subsequent amendments to 19 U.S.C. 

1504 or changes to CBP policy regarding 

liquidation. Under current law, CBP has 

up to one year to liquidate an entry 

before it is deemed liquidated by 

operation of law. See 19 U.S.C. 1504. 

Historically, the majority of entries were 

liquidated within 90 days in the 

ordinary course of business; however, 

this policy was changed by the agency 

when the volume of trade increased by 

extending the liquidation cycle from 90 

days after entry to 314 days after entry. 

See 314-Day Liquidation Cycle-Trade 

Notice, CSMS #97–000727 (Aug. 3, 

1997). It is noted that there is no 

statutory provision preventing CBP from 

liquidating an entry at any time during 

the one-year period after entry of the 

merchandise and prior to the conclusion 

of the 314-day liquidation cycle if all 

the required documentation has been 

filed. 

Section 10.112 of title 19 CFR (19 CFR 

10.112) permits the filing of 

documentation related to free entry of 

merchandise under Chapter 98, HTSUS, 

at any time prior to liquidation of an 

entry or, if liquidated, before the 

liquidation becomes final. Section 

10.121(b) is proposed to be amended to 

be consistent with 19 CFR 10.112 and 

the change in CBP’s current liquidation 

practice. Therefore, the suspension of 

liquidation of an entry for a period of 90 

days from the date of entry to allow an 

applicant to file the required 

documentation in order to qualify for an 

exemption from duty under subheading 

9817.00.40, HTSUS, would be replaced 

with a suspension of liquidation of an 

entry for a period of 314 days from the 

date of entry. 

Lastly, we note that this proposed 

change to 19 CFR 10.121(b) is also 

consistent with other CBP regulations 

that govern the duty free treatment of 

merchandise under Chapter 98, HTSUS. 

For instance, the regulations 

implementing the Florence Agreement 

on scientific instruments and apparatus 

were amended to merely required that 

the Department of Commerce’s 

certifying documentation be submitted 

to CBP prior to liquidation. See 19 CFR 

10.112 and 15 CFR 301.8 (74 FR 30462, 

June 26, 2009). 

Other Changes 

This document also proposes to make 

a non-substantive change to a listing in 

the Appendix to part 163—Interim 

(a)(1)(A) List. The listing ‘‘§ 10.121 

Certificate from USIA for visual/ 

auditory materials’’ currently references 

USIA (United States Information 

Agency). Since USIA was abolished in 

1999 by the Foreign Affairs Reform and 

Restructuring Act of 1998, and its 

functions were transferred to the U.S. 

Department of State, this listing is 

outdated. This document will amend 

the listing in the Appendix to Part 163 

to reflect the State Department rather 

than USIA. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.), we have 

considered whether this proposed rule 

would have a significant impact on a 

substantial number of small entities. A 

small entity may be a small business 

(defined as any independently owned 

and operated business not dominant in 

its field that qualifies as a small 

business per the Small Business Act); a 

small not-for-profit organization; or a 

small governmental jurisdiction 

(locality with fewer than 50,000 people). 

As this proposed amendment would 

provide more time for an importer to 

obtain the State Department certificate, 

CBP certifies under 5 U.S.C. 605(b) that 

the proposed amendments, if adopted, 

will not have a significant economic 

impact on a substantial number of small 

entities. CBP welcomes any comments 

regarding this finding. 

Executive Order 12866 

This proposed rule is not a 

‘‘significant regulatory action’’ as 

defined by Executive Order 12866. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

an agency may not conduct, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number assigned by Office 

of Management and Budget (OMB). The 

information collected under 19 CFR 

10.121 is included under OMB control 

number 1651–0067. There are no new 

collections of information proposed in 

this document. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1) 

pertaining to the authority of the 

Secretary of the Treasury (or his/her 

delegate) to approve regulations 

pertaining to certain customs revenue 

functions. 

List of Subjects 

19 CFR Part 10 

Customs duties and inspection, Entry, 

Imports, Preference programs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 163 

Administrative practice and 

procedure, Customs duties and 

inspection, Exports, Imports, Reporting 

and recordkeeping requirements, Trade 

agreements. 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
51916 Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Proposed Rules 

Proposed Amendments to the CBP 

Regulations 

For the reasons set forth above, it is 

proposed to amend parts 10 and 163 of 

title 19 of the Code of Federal 

Regulations as set forth below. 

PART 10—ARTICLES CONDITIONALLY 

FREE, SUBJECT TO A REDUCED 

RATE, ETC. 

1. The general authority citation for 

part 10 continues to read and a specific 

authority is added for § 10.121 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. 

* * * * * 

Section 10.121 also issued under 19 U.S.C. 

2501; 

* * * * * 

2. Section 10.121(b) is revised to read 

as follows: 

§ 10.121 Visual or auditory materials of an 

educational, scientific, or cultural character. 

* * * * * 

(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 which has been 

released under this procedure will be 

suspended for a period of 314 days from 

the date of entry or until the required 

document is submitted, whichever 

comes first. In the event that 

documentation is not submitted before 

liquidation, the merchandise will be 

classified and liquidated in the ordinary 

course, without regard to subheading 

9817.00.40, HTSUS. 

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. Section IV is amended by removing 

the listing ‘‘§ 10.121 Certificate from 

USIA for visual/auditory materials’’ and 

adding in its place the listing ‘‘§ 10.121 

Certificate from the U.S. Department of 

State for visual/auditory materials’’. 

Alan D. Bersin, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: August 16, 2011. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2011–21275 Filed 8–18–11; 8:45 am] 

BILLING CODE 9111–14–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 228 

[Aid Reg. 228] 

RIN 0412–AA70 

Procurement of Commodities and 

Services Financed by USAID 

AGENCY: Agency for International 

Development (USAID). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

implements the statutory requirement 

that funds made available by the United 

States Congress (Congress) to USAID 

under the authority of the Foreign 

Assistance Act of 1961, as amended 

(FAA), be used for procurement in the 

United States (U.S.), the recipient 

country, or developing countries. It does 

so by revising USAID’s current source, 

origin and nationality (S/O/N) 

regulation to track more closely the 

statutory procurement authority 

provided under the FAA and referenced 

above; by establishing a single code for 

procurements from the U.S., recipient 

country and developing countries; by 

deleting the concept of ‘‘origin,’’ which 

is increasingly obsolete and difficult to 

apply in today’s globalized economy; 

and by simplifying the concepts of 

‘‘source’’ and ‘‘nationality’’ in order to 

reflect better Congress’s directive to 

procure from the U.S., recipient or 

developing countries. 

DATES: Comments must be received by 

close of business October 3, 2011. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number, RIN 0412–AA70, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: jniemeyer@usaid.gov. 

Include RIN number 0412–AA70 in the 

subject line of the message. 

• Mail: U.S. Agency for International 

Development, Office of the General 

Counsel, Room 6.07–105, 1300 

Pennsylvania Ave., NW., Washington, 

DC 20523, Attention: John R. Niemeyer, 

Esq. 

• Instructions: All submissions 

received must include the Agency name 

and docket number or Regulatory 

Information Number (RIN 0412–AA70) 

for this rulemaking. All comments 

received will be included in the public 

docket without change and will be made 

available online at http://www.

regulations.gov, including any personal 

information provided. Public 

Participation: Because security 

screening precautions have slowed the 

delivery and dependability of surface 

mail and hand delivery to USAID/ 

Washington, USAID recommends 

sending all comments to the Federal 

eRulemaking Portal. The e-mail address 

listed above is provided in the event 

that submission to the Federal 

eRulemaking Portal is not convenient 

(all comments must be in writing to be 

reviewed). You may submit comments 

by electronic mail, avoiding the use of 

any special characters and any form of 

encryption. 

USAID will consider all comments in 

response to the proposed rule as USAID 

determines how to revise its S/O/N 

regulation, and will reconcile all 

comments (similar comments by 

category) in any published, final rule. 

All comments will be posted at the 

portal for Federal rulemaking, 

regulations.gov, under Regulatory 

Information Number, RIN 0412–AA70. 

FOR FURTHER INFORMATION CONTACT: John 

Niemeyer (or designee), Attorney 

Advisor, Office of the General Counsel, 

USAID, Rm. 6.07–105, 1300 

Pennsylvania Ave., NW., Washington, 

DC 20523; telephone: (202) 712–5053 

(this is not a toll-free number); 

jniemeyer@usaid.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

• Part I. Background 

• Part II: The Proposed Rule 

Æ Purpose of the Rule 

Æ USAID Regulations Amended by This 

Rule 

Æ Summary of Changes to the Existing 

Rule 

Æ Regulatory Planning and Review: 

Findings and Certifications of Impact 

Assessment 

Æ List of Subjects in 22 CFR Part 228 

Æ Proposed Rule: Part 228, Rules on 

Procurement of Commodities and 

Services Financed by USAID 

I. Background 

On February 16, 2011, USAID 

published in the Federal Register (76 

FR 8961) an Advanced Notice of Public 

Rulemaking (ANPRM), notifying the 

public that USAID intended to review 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS