Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices 30039

category specific and organization

criteria are fully discussed in the

application materials which can be

obtained from the Fund.

Authority: Pub. L. 103–325, 108 Stat. 2166,

2189 (12 U.S.C. 4703); chapter X, Pub. L.

104–19, 109 Stat. 237 (12 U.S.C. 4703 note).

Dated: May 28, 1998.

Ellen Lazar,

Director, Community Development Financial

Institutions Fund.

[FR Doc. 98–14531 Filed 6–1–98; 8:45 am]

BILLING CODE 4810–70–P

DEPARTMENT OF THE TREASURY

Customs Service

[T.D. 98–53]

Customs Bond Cancellation Standards

for Imports of Softwood Lumber From

Canada

AGENCY: U. S. Customs Service,

Department of the Treasury.

ACTION: General notice.

SUMMARY: Under section 623(c) of the

Tariff Act of 1930, as amended (19

U.S.C. 1623(c)), the Secretary of the

Treasury is required to publish

guidelines for the cancellation of

Customs bonds or charges thereunder.

On February 26, 1997, Customs

published T.D. 97–9 in the Federal

Register (62 FR 8620) setting forth

interim amendments to the Customs

Regulations concerning the entry of

certain softwood lumber products from

Canada. Those amendments included

additions to the conditions of the basic

importation bond (19 CFR 113.62) to

cover the production of, and liability for

liquidated damages for failure to

produce, export permit information

pertaining to such softwood lumber

products. This document publishes

guidelines for cancellation of bond

charges arising from such defaults.

EFFECTIVE DATE: These guidelines will

take effect on June 2, 1998, and shall be

applicable to all cases which are

currently open at the petition or

supplemental petition stage.

FOR FURTHER INFORMATION CONTACT:

Jeremy Baskin, Penalties Branch, Office

of Regulations and Rulings (202–927–

2344).

SUPPLEMENTARY INFORMATION:

Background

Section 1904 of the Omnibus Trade

and Competitiveness Act of 1988 (Pub.

L. 100–418, 102 Stat. 1107) amended

section 623(c) of the Tariff Act of 1930,

as amended (19 U.S.C. 1623(c)), to

require that the Secretary of the

Treasury publish guidelines establishing

standards for setting the terms and

conditions for cancellation of Customs

bonds or charges thereunder. The

authority to promulgate such guidelines

had been delegated to the Commissioner

of Customs by Paragraph 1 of Treasury

Department Order No. 165, revised (T.D.

53654). Guidelines pursuant to section

623(c) were initially published by

Customs in the Federal Register in T.D.

89–48 on April 21, 1989 (54 FR 16182),

and those guidelines were subsequently

revised and republished in their entirety

in T.D. 94–38 which appeared in the

Federal Register on April 14, 1994 (59

FR 17830).

On February 26, 1997, Customs

published T.D. 97–9 in the Federal

Register (62 FR 8620) setting forth

interim amendments to the Customs

Regulations concerning the entry of

certain softwood lumber products from

Canada. Those amendments included

the addition of a new § 12.140 (19 CFR

12.140) which sets forth special entry

requirements for the subject lumber,

including the obligation of the importer

of record to obtain and provide to

Customs information regarding the

issuance of a Canadian export permit for

the lumber. T.D. 97–9 also amended the

provisions of the basic importation bond

in § 113.62 (19 CFR 113.62) by the

addition of a new paragraph (k) (with

existing paragraph (k) redesignated as

paragraph (l)) and by the addition of a

new subparagraph (5) under newly

designated paragraph (l). New paragraph

(k) obligates the bond principal, as

required by new § 12.140(a), to assume

the obligation to ensure within 20

working days of release of the

merchandise, and establish to the

satisfaction of Customs, that the

applicable export permit has been

issued by the Government of Canada.

Under new paragraph (l)(5), failure of

the bond principal to meet the

paragraph (k) obligation will result in

assessment of liquidated damages equal

to $100 per thousand board feet of the

imported lumber.

In accordance with the provisions of

section 623(c), this document sets forth

standards for the cancellation of claims

for liquidated damages assessed under

§§ 12.140, 113.62(k) and 113.62(l)(5).

These standards distinguish those

claims in which the required export

permits are presented in an untimely

fashion from those instances where the

export permits are not presented at all.

The standards permit cancellation of

liquidated damages incurred for late

presentation of the necessary

information upon payment of an

amount between 25 and 50 percent of

the claim but not less than $500 and not

more than $3,000 per entry depending

upon the experience of the importer and

the number of violations incurred by the

importer as compared to the number of

importations made. If the claim is

issued for $500 or less, no relief will be

granted. If the necessary information is

never provided, the claim will be

collected in full. These claims for

liquidated damages may only be

assessed with regard to entries filed

subsequent to the effective date of the

interim regulations.

The text of the new guidelines is set

forth below:

Guidelines for Cancellation of Claims

for Late Filing or Failure to File

Softwood Lumber Information (19 CFR

12.140, 19 CFR 113.62(k), 19 CFR

113.62(l)(5))

A. Late presentation of export permit

information. Claims for liquidated

damages for late presentation of export

permit information shall be processed in

accordance with the following

guidelines.

1. Modified CF–5955A. Notices of

liquidated damages incurred may be

issued on a modified CF–5955A. The

modified form shall specify two options

from which the petitioner may choose to

resolve the demand.

a. Option 1. He may pay a specified

sum within 60 days and the case will be

closed. By electing this option in lieu of

petitioning, he waives his right to file a

petition.

b. Option 2. Petition for relief. The

bond principal or surety may file a

petition for relief. By filing a petition for

relief, the petitioner will no longer be

afforded the Option 1 mitigation

amount. The Fines, Penalties, and

Forfeitures Officer shall grant full relief

when the petitioner demonstrates that

the violation did not occur or occurred

solely as a result of Customs error. If the

petitioner fails to demonstrate that the

violation did not occur or occurred

solely as a result of Customs error, the

Fines, Penalties, and Forfeitures Officer

may cancel the claim upon payment of

an amount no less than $100 greater

than the Option 1 amount.

2. Cancellation of claims for late

presentation of export permit

information. Liquidated damages

incurred for late presentation of the

necessary information may be cancelled

upon payment of an amount between 25

and 50 percent of the claim but not less

than $500 and not more than $3,000.

Such amount may be afforded as an

Option 1 amount. Mitigation shall be

based upon the experience of the

importer and the number of violations

incurred compared with the number of

importations made. No relief shall be
30040 Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 / Notices

1A copy of this list may be obtained by

contacting Mr. Paul Manning, Attorney Advisor, at

(202) 619–5997, and the address is Room 700, U.S.

Information Agency, 301 4th Street, S.W.,

Washington, D.C. 20547–0001.

granted from any claim issued for $500

or less.

B. Failure to present export permit

information. If the importer fails to

present the appropriate export permit

information, no relief from the claim for

liquidated damages will be granted

unless the importer can show that the

information was not required or that the

violation occurred solely as a result of

Customs error. Upon presentation of

proof which satisfies the Fines,

Penalties, and Forfeitures Officer that

the information was not required or that

the violation occurred solely as a result

of Customs error, the claim shall be

cancelled without payment.

Dated: May 27, 1998.

Samuel H. Banks,

Acting Commissioner of Customs.

[FR Doc. 98–14512 Filed 6–1–98; 8:45 am]

BILLING CODE 4820–02–P

UNITED STATES INFORMATION

AGENCY

Culturally Significant Objects Imported

for Exhibition Determination

Notice is hereby given of the

following determination: 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 to be

included in the exhibit, ‘‘David

Goldblatt: Photographs from South

Africa’’ (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 loan

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 approximately July 16,

1998 through October 6, 1998, is in the

national interest. Public Notice of this

determination is ordered to be

published in the Federal Register.

Dated: May 26, 1998.

Les Jin,

General Counsel.

[FR Doc. 98–14486 Filed 6–1–98; 8:45 am]

BILLING CODE 8230–01–M