Federal Register / Vol. 63, No. 84 / Friday, May 1, 1998 / Notices 24209

1A copy of this list may be obtained by

contacting Ms. Jacqueline Caldwell, Assistant

General Counsel, at 202/619–6982, and the address

is Room 700, U.S. Information Agency, 301 4th

Street, SW., Washington, DC 20547–0001.

DEPARTMENT OF THE TREASURY

Customs Service

Harbor Maintenance Fee No Longer To

Be Collected on Cargo Loaded for

Export

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: This document announces

that as of April 25, 1998, Customs will

no longer be collecting the Harbor

Maintenance Fee for cargo loaded on

board a vessel for export at a port

subject to the Harbor Maintenance Fee.

Further, this document announces that

protest procedures are inapplicable to

refund claims for export-related Harbor

Maintenance Fees.

EFFECTIVE DATE: April 25, 1998.

FOR FURTHER INFORMATION CONTACT:

Patricia Barbare, Operations

Management Specialist, Budget

Division, (202) 927–0034.

SUPPLEMENTARY INFORMATION:

Background

The Harbor maintenance Fee was

created by the Water Resources

Development Act of 1986 (26 U.S.C.

4461 et seq.) (the Act) and is

implemented by § 24.24 of the Customs

Regulations (19 CFR 24.24). The fee,

pursuant to the Act and as implemented

by the regulations was to be assessed on

port use associated with imports,

exports, and movements of cargo and

passengers between identified ports and

paid to the U.S. Customs Service.

On March 31, 1998, the Supreme Curt

in United States, Petitioner v. United

States Shoe Corporation

lllUSlll, No. 97–372 declared

that the Harbor Maintenance Fee is

unconstitutional as applied to exports.

Consequently, as of April 25, 1998, the

United States Customs Service will no

longer be collecting the Harbor

Maintenance Fee for port use associated

with exports.

The Supreme Court also affirmed the

decision of the lower courts that protest

procedures are inapplicable to refund

claims for export-related Harbor

Maintenance Fees. The public is hereby

advised that the Customs Service will

not decide or respond to any protest

alleging that the export-related Harbor

Maintenance Fees are prohibited by the

Export Clause of the United States

Constitution. Any person who

previously received correspondence

from Customs concerning any such

protests should disregard such

correspondence and will not receive

further communications regarding such

protests.

Pursuant to a court order issued by

the United States Court of International

Trade in the case United States Shoe

Corp. v. The United States (Court No.

94–11–0068), dated April 6, 1998, the

government will design a claim form for

refund claims and the claim form

process will apply to all claims filed

within the 2-year statute of limitations

applicable to 28 U.S.C. § 1581(i) cases.

Dated: April 28, 1998.

Samuel H. Banks,

Acting Commissioner of Customs.

[FR Doc. 98–11644 Filed 4–30–98; 8:45 am]

BILLING CODE 4820–02–P

UNITED STATES INFORMATION

AGENCY

Culturally Significant Objects Imported

for Exhibition Determinations

Notice is hereby given of the

following determinations: Pursuant to

the authority vested in me by the Act of

October 19, 1965 (79 Stat. 985, 22 U.S.C.

2459), Executive Order 12047 of March

27, 1978 (43 FR 13359, March 29, 1978),

and Delegation Order No. 85–5 of June

27, 1985 (50 FR 27393, July 2, 1985), I

hereby determine that the objects on the

list specified below, to be included in

the exhibit, ‘‘Bonnard’’ See list),1,

imported from abroad for the temporary

exhibition without profit within the

United States, are of cultural

significance. These objects are imported

pursuant to a long agreement with the

foreign lenders. I also determine that the

exhibition or display of the listed

exhibit objects at The Museum of

Modern Art, New York, New York, from

on or about June 21, 1998, to on or about

October 13, 1998, is in the national

interest. Public Notice of these

determinations is ordered to be

published in the Federal Register.

Dated: April 24, 1998.

Les Jin,

General Counsel.

[FR Doc. 98–11532 Filed 4–30–98; 8:45 am]

BILLING CODE 8230–01–M