[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Rules and Regulations]
[Pages 53060-53063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17662]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Parts 7, 10, 11, 12, 18, 19, 24, 54, 101, 102, 111, 114, 
123, 128, 132, 134, 141, 145, 146, 148, 151, 152, 177, 181, 191

[CBP Dec. 05-31]


Technical Amendments to Chapter 1 of Title 19 of the Code of 
Federal Regulations

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends Title 19 of the Code of Federal 
Regulations by making technical corrections to certain authority 
citations to reflect amendments to the Harmonized Tariff Schedule of 
the United States effected by the President's Proclamation of December 
30, 2003, to implement the United States-Singapore Free Trade 
Agreement.

EFFECTIVE DATE: September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Suzanne Kingsbury, Regulations Branch, 
Office of Regulations and Rulings, Customs and Border Protection, Tel. 
(202) 572-8763.

SUPPLEMENTARY INFORMATION:

Background

    Chapter I of Title 19 of the Code of Federal Regulations (19 CFR 
Chapter I) contains general and specific authority citations, several 
of which reference certain General Note provisions of the Harmonized 
Tariff Schedule of the United States (HTSUS). As a result of recent 
amendments to the HTSUS, several General Note provisions have been 
renumbered; however, the new designations are not yet reflected in 
Title 19 of the CFR. This document makes conforming technical 
corrections to Title 19 CFR to reflect the renumbered General Note 
provisions of the HTSUS.
    The amendments to the HTSUS were effected by the United States-
Singapore Free Trade Agreement (``USSFTA''), Public Law 108-78, 117 
Stat. 948 (19 U.S.C. 3805 note), enacted on September 3, 2003. On 
December 30, 2003, the President issued Proclamation 7747 (68 FR 75793) 
to implement certain provisions of the USSFTA. Annex I of Proclamation 
7747 modified the HTSUS, in pertinent part, as follows:
    <bullet> The text of General Note (GN) 19 to the HTSUS is 
transferred and designated as GN 3(e).
    <bullet> The text of General Note (GN) 20 to the HTS is transferred 
and designated as GN 3(f).
    <bullet> The text of General Notes (GN) 23 and 24 of the HTSUS is 
transferred and designated as GN 3(i) and (j), respectively.
    This document makes technical corrections to those provisions of 19 
CFR Chapter 1 that contain references to the out-dated General Note 
citations.

Inapplicability of Public Notice and Comment Requirement and Delayed 
Effective Date Requirement

    Because these amendments merely update certain authority citations 
in 19 CFR Chapter 1, 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 these same reasons, 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. et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in E.O. 12866.

Signing Authority

    This document is limited to technical corrections and is being 
issued in accordance with 19 CFR 0.1(b)(1), which provides, pursuant to 
Treasury Department Order No. 100-16, the Secretary of Homeland 
Security with the authority to prescribe and approve regulations 
relating to customs revenue functions on behalf of the Secretary of the 
Treasury when the subject matter of the regulations is not listed in 
paragraph 1(a)(i) of the order. Such regulations are the official 
regulations of both Departments notwithstanding that they are not 
signed by an official of the Department of the Treasury. Accordingly, 
these regulations are signed by the Commissioner of Customs and Border 
Protection as the delegate of the Secretary of Homeland Security.

Drafting Information

    The principal author of this document was Ms. Suzanne Kingsbury, 
Attorney, Regulations Branch, Office of Regulations and Rulings.

[[Page 53061]]

List of Subjects

19 CFR Part 7

    American Samoa; Coffee; Customs duties and inspection; Guam; 
Guantanamo Bay Naval Station, Cuba; Kingman Reef; Liquors; Midway 
Islands; Puerto Rico; Wake Island; Wine.

19 CFR Part 10

    Caribbean Basin initiative; Customs duties and inspection; Exports; 
Reporting and recordkeeping requirements.

19 CFR Parts 11 and 134

    Customs duties and inspection; Labeling; Packaging and containers.

19 CFR Parts 12 and 141

    Customs duties and inspection; Reporting and recordkeeping 
requirements.

19 CFR Part 18

    Common carriers; Customs duties and inspection; Exports; Freight; 
Penalties; Reporting and recordkeeping requirements; Surety bonds.

19 CFR Part 19

    Customs duties and inspection; Exports; Freight; Reporting and 
recordkeeping requirements; Surety bonds; Warehouses; Wheat.

19 CFR Part 24

    Accounting; Claims; Customs duties and inspection; Harbors; 
Reporting and recordkeeping requirements; Taxes.

19 CFR Part 54

    Customs duties and inspection; Metals; Reporting and recordkeeping 
requirements.

19 CFR Part 101

    Customs duties and inspection; Harbors; Organization and functions 
(Government agencies); Seals and insignia; Vessels.

19 CFR Part 102

    Canada; Customs duties and inspection; Imports; Mexico; Reporting 
and recordkeeping requirements; Trade agreements.

19 CFR Part 111

    Administrative practice and procedure; Brokers; Customs duties and 
inspection; Penalties; Reporting and recordkeeping requirements.

19 CFR Part 114

    Customs duties and inspection; Exports; Trade agreements.

19 CFR Part 123

    Canada; Customs duties and inspection; Freight; International 
boundaries; Mexico; Motor carriers; Railroads; Reporting and 
recordkeeping requirements; Vessels.

19 CFR Part 128

    Administrative practice and procedure; Customs duties and 
inspection; Freight; Reporting and recordkeeping requirements.

19 CFR Part 132

    Customs duties and inspection.

19 CFR Part 145

    Customs duties and inspection; Exports; Lotteries; Reporting and 
recordkeeping requirements.

19 CFR Part 146

    Administrative practice and procedure; Customs duties and 
inspection; Exports; Foreign trade zones; Penalties; Petroleum; 
Reporting and recordkeeping requirements.

19 CFR Part 148

    Airmen; Customs duties and inspection; Foreign officials; 
Government employees; International organizations; Reporting and 
recordkeeping requirements; Seamen; Taxes.

19 CFR Part 151

    Cigars and cigarettes; Cotton; Customs duties and inspection; Fruit 
juices; Laboratories; Metals; Oil imports; Reporting and recordkeeping 
requirements; Sugar; Wool.

19 CFR Part 152

    Customs duties and inspection.

19 CFR Part 177

    Administrative practice and procedure; Customs duties and 
inspection; Government procurement; Reporting and recordkeeping 
requirements.

19 CFR Part 181

    Administrative practice and procedure; Canada; Customs duties and 
inspection; Exports; Imports; Mexico; Reporting and recordkeeping 
requirements; Trade agreements.

19 CFR Part 191

    Alcohol and alcoholic beverages; Claims; Customs duties and 
inspection; Exports; Foreign trade zones; Guantanamo Bay Naval Station, 
Cuba; Packaging and containers; Reporting and recordkeeping 
requirements; Trade agreements.

Amendments to the Regulations

0
Chapter 1 of Title 19 of the Code of Federal Regulations (19 CFR 
chapter I) is amended as set forth below:

PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO 
BAY NAVAL STATION

0
1. The authority citation for part 7 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1623, 1624; 48 U.S.C. 1406i.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

0
2. The general authority citation for part 10 is revised to read 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;
* * * * *

PART 11--PACKING AND STAMPING; MARKING

0
3. The authority citation for part 11 is revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i) 
and (j), Harmonized Tariff Schedule of the United States), 1624.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
4. The general authority citation for part 12 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT

0
5. The general authority citation for part 18 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1551, 1552, 1553, 
1623, 1624;
* * * * *

PART 19--CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF 
MERCHANDISE THEREIN

0
6. The general authority citation for part 19 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1624;
* * * * *

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

0
7. The general authority citation for part 24 is revised to read as 
follows:


[[Page 53062]]


    Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General 
Note 3(i), Harmonized Tariff Schedule of the United States), 1505, 
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et. seq.);
* * * * *

PART 54--CERTAIN IMPORTATIONS TEMPORARILY FREE OF DUTY

0
8. The authority citation for part 54 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i); Section XV, 
Note 5, Harmonized Tariff Schedule of the United States), 1623, 
1624.

PART 101--GENERAL PROVISIONS

0
9. The general authority citation for part 101 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.
* * * * *

PART 102--RULES OF ORIGIN

0
10. The authority citation for part 102 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624, 3314, 3592.

PART 111--CUSTOMS BROKERS

0
11. The general authority citation for part 111 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624, 1641.
* * * * *

PART 114--CARNETS

0
12. The authority citation for part 114 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1623, 1624.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

0
13. The general authority citation for part 123 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436, 
1448, 1624, 2071 note.
* * * * *

PART 128--EXPRESS CONSIGNMENTS

0
14. The authority citation for part 128 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1321, 1484, 1498, 1551, 1555, 
1556, 1565, 1624.

PART 132--QUOTAS

0
15. The general authority citation for part 132 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624.
* * * * *

PART 134--COUNTRY OF ORIGIN MARKING

0
16. The authority citation for part 134 is revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1304, 1624.

PART 141--ENTRY OF MERCHANDISE

0
17. The general authority citation for part 141 continues, and the 
specific authority for Sec.  141.4 is revised, to read as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
0
Section 141.4 also issued under 19 U.S.C. 1202 (General Note 3(e); 
Chapter 86, Additional U.S. Note 1; Chapter 89, Additional U.S. Note 1; 
Chapter 98, Subchapter III, U.S. Notes 3 and 4; Harmonized Tariff 
Schedule of the United States), 1498;
* * * * *


Sec.  141.4  [Amended]

0
18. Section 141.4 is amended:
    (a) In paragraph (b)(1), by removing the reference to number ``19'' 
and adding in its place the term ``3(e)''; and
    (b) In paragraph (c)(2) by removing the word Customs'' and adding 
in its place the term ``CBP''.

PART 145--MAIL IMPORTATIONS

0
19. The general authority citation for part 145 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624;
* * * * *

PART 146--FOREIGN TRADE ZONES

0
20. The authority citation for part 146 is revised to read as follows:

    Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1623, 1624.

PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS

0
21. The general authority citation for part 148 is revised 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);
* * * * *

PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE

0
22. The general authority citation for part 151 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and (j), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

PART 152--CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE

0
23. The general authority citation for part 152 continues, and the 
specific authority for Sec.  152.13 is revised, to read as follows:

    Authority: 19 U.S.C. 66, 1401a, 1500, 1502, 1624;
* * * * *
    Section 152.13 also issued under 19 U.S.C. 1202 (General Note 3(f), 
Harmonized Tariff Schedule of the United States (HTSUS)).


Sec.  152.13  [Amended]

0
24. In Sec.  152.13:
    (a) Paragraph (b)(1) is amended by removing the word ``Customs'' 
and adding the term ``CBP'', and by removing the reference to number 
``20'' and adding in its place the term ``3(f)'';
    (b) Paragraphs (b)(2), (c) introductory text and (c)(1) are amended 
by removing references to number ``20'' each place they appear and 
adding in their place the term ``3(f)'';
    (c) Paragraph (c)(2) is amended by removing the word ``Customs'' 
and adding in its place the term ``CBP'', and by removing the reference 
to number ``20'' and adding in its place the term ``3(f)'';
    (d) Paragraph (c)(3) is amended by removing the reference to number 
``20'' and adding in its place the term ``3(f)''; and
    (e) Paragraph (d) is amended by removing the references to number 
``20'' each place they appear and adding in their place the term 
``3(f)''.

PART 177--ADMINISTRATIVE RULINGS

0
25. The authority citation for part 177 is revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1502, 1624, 1625;

[[Page 53063]]

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

0
26. The authority citation for part 181 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized 
Tariff Schedule of the United States), 1624, 3314;

PART 191--DRAWBACK

0
27. The general authority citation for part 191 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1313, 1624;
* * * * *

    Dated: September 1, 2005.
Robert C. Bonner,
Commissioner, Bureau of Customs and Border Protection.
[FR Doc. 05-17662 Filed 9-6-05; 8:45 am]
BILLING CODE 9110-06-P