Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58511 

Pendleton, OR, Eastern Oregon Regional 

at Pendleton, ILS OR LOC/DME RWY 

25, Amdt 24 

Allentown, PA, Allentown/Queen City 

Muni, RNAV (GPS) RWY 7, Orig 

Allentown, PA, Allentown/Queen City 

Muni, VOR–B, Amdt 7 

Allentown, PA, Allentown/Queen City 

Muni, GPS RWY 7, Orig, CANCELLED 

Collegeville, PA, Perkiomen Valley, 

Takeoff Minimums and Obstacle DP, 

Orig 

Barnwell, SC, Barnwell Rgnl, RNAV 

(GPS) RWY 35, Orig 

Union City, TN, Everett-Stewart, VOR/ 

DME–A, Amdt 8 

Culpeper, VA, Culpeper Regional, 

Takeoff Minimums and Obstacle DP, 

Orig 

New Richmond, WI, New Richmond 

Regional, RNAV (GPS) RWY 14, Amdt 

1 

New Richmond, WI, New Richmond 

Regional, RNAV (GPS) RWY 32, Amdt 

1 

New Richmond, WI, New Richmond 

Regional, NDB RWY 14, Amdt 3 

New Richmond, WI, New Richmond 

Regional, Takeoff Minimums and 

Obstacle DP, Orig 

Prairie Du Sac, WI, Sauk-Prairie, RNAV 

(GPS) RWY 18, Orig 

Prairie Du Sac, WI, Sauk-Prairie, RNAV 

(GPS) RWY 36, Orig 

Prairie Du Sac, WI, Sauk-Prairie, Takeoff 

Minimums and Obstacle DP, Orig 

Charleston, WV, Yeager, RADAR–1, 

Amdt 12A, CANCELLED 

Hulett, WY, Hulett Muni, RNAV (GPS)–

A, Orig 

Hulett, WY, Hulett Muni, Takeoff 

Minimums and Obstacle DP, Orig 

Jackson, WY, Jackson Hole, ILS OR LOC 

Z RWY 19, Orig 

Effective 14 FEB 2008 

San Francisco, CA, San Francisco Intl, 

RNAV (GPS) X RWY 10R, Orig-B 

Clinton, MD, Washington Executive/ 

Hyde Field, Takeoff Minimums and 

Obstacle DP, Orig 

[FR Doc. E7–20212 Filed 10–15–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR PARTS 10, 24, 102, 162, 163, 

and 178 

USCBP–2007–0063 

CBP Dec. 07–81 

RIN 1505–AB81 

United States-Bahrain Free Trade 

Agreement 

AGENCIES: Bureau of Customs and 

Border Protection, Department of 

Homeland Security; Department of the 

Treasury. 

ACTION: Interim regulations; solicitation 

of comments. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(‘‘CBP’’) regulations on an interim basis 

to implement the preferential tariff 

treatment and other customs-related 

provisions of the United States-Bahrain 

Free Trade Agreement entered into by 

the United States and the Kingdom of 

Bahrain. 

DATES: Interim rule effective October 16, 

2007; comments must be received by 

December 17, 2007. 

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 number USCBP–2007–0063. 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue, 

NW. (Mint Annex), Washington, DC 

20229. 

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, 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 Mr. Joseph Clark at (202) 572–

8768. 

FOR FURTHER INFORMATION CONTACT:

Textile Operational Aspects: Robert 

Abels, Office of International Trade, 

(202) 344–1959. 

Other Operational Aspects: Seth 

Mazze, Office of International Trade, 

(202) 344–2634. 

Audit Aspects: Mark Hanson, Office 

of International Trade, (202) 863–3065. 

Legal Aspects: Holly Files, Office of 

International Trade, (202) 572–8817. 

SUPPLEMENTARY INFORMATION:

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the interim 

rule. CBP also invites comments that 

relate to the economic, environmental, 

or federalism effects that might result 

from this interim rule. Comments that 

will provide the most assistance to CBP 

will reference a specific portion of the 

interim rule, explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. See 

ADDRESSES above for information on 

how to submit comments. 

Background 

On September 14, 2004, the United 

States and the Kingdom of Bahrain (the 

‘‘Parties’’) signed the U.S.-Bahrain Free 

Trade Agreement (‘‘BFTA’’ or 

‘‘Agreement’’). The stated objectives of 

the BFTA include creating new 

employment opportunities and raising 

the standard of living for the citizens of 

the Parties by liberalizing and 

expanding trade between them; 

enhancing the competitiveness of the 

enterprises of the Parties in global 

markets; establishing clear and mutually 

advantageous rules governing trade 

between the Parties; eliminating bribery 

and corruption in international trade 

and investment; fostering creativity and 

innovation by improving technology 

and enhancing the protection and 

enforcement of intellectual property 

rights; strengthening the development 

and enforcement of labor and 

environmental laws and policies; and 

establishing an expanded free trade area 

in the Middle East, thereby contributing 

to economic liberalization and 

development in the region. 


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58512 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 

The provisions of the BFTA were 

adopted by the United States with the 

enactment of the United States-Bahrain 

Free Trade Agreement Implementation 

Act (the ‘‘Act’’), Public Law 109–169, 

119 Stat. 3581 (19 U.S.C. 3805 note), on 

January 11, 2006. Section 205 of the Act 

requires that regulations be prescribed 

as necessary. 

On July 27, 2006, the President signed 

Proclamation 8039 to implement the 

provisions of the BFTA. The 

proclamation, which was published in 

the Federal Register on August 1, 2006 

(71 FR 43635), modified the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) as set forth in 

Annexes I and II of Publication 3830 of 

the U.S. International Trade 

Commission. The modifications to the 

HTSUS included the addition of new 

General Note 30, incorporating the 

relevant BFTA rules of origin as set 

forth in the Act, and the insertion 

throughout the HTSUS of the 

preferential duty rates applicable to 

individual products under the BFTA 

where the special program indicator 

‘‘BH’’ appears in parenthesis in the 

‘‘Special’’ rate of duty subcolumn. The 

modifications to the HTSUS also 

included a new Subchapter XIV to 

Chapter 99 to provide for temporary 

tariff rate quotas and applicable 

safeguards implemented by the BFTA. 

U.S. Customs and Border Protection 

(‘‘CBP’’) is responsible for administering 

the provisions of the BFTA and the Act 

that relate to the importation of goods 

into the United States from Bahrain. 

Those customs-related BFTA provisions 

that require implementation through 

regulation include certain tariff and 

non-tariff provisions within Chapter 

One (Initial Provisions and Definitions), 

Chapter Two (National Treatment and 

Market Access for Goods), Chapter 

Three (Textiles and Apparel), Chapter 

Four (Rules of Origin), and Chapter Five 

(Customs Administration). 

These implementing regulations 

incorporate certain general definitions 

set forth in Article 1.3 of the BFTA. 

These regulations also implement 

Article 2.6 (Goods Re-entered After 

Repair or Alteration) of Chapter Two of 

the BFTA. 

Chapter Three of the BFTA sets forth 

the measures relating to trade in textile 

and apparel goods between Bahrain and 

the United States under the BFTA. The 

provisions within Chapter Three that 

require regulatory action by CBP are 

Article 3.2 (Rules of Origin and Related 

Matters), Article 3.3 (Customs 

Cooperation), and Article 3.4 

(Definitions). 

Chapter Four of the BFTA sets forth 

the rules for determining whether an 

imported good qualifies as an 

originating good of the United States or 

Bahrain (BFTA Party) and, as such, is 

therefore eligible for preferential tariff 

(duty-free or reduced duty) treatment as 

specified in the Agreement. Under 

Article 4.1, originating goods may be 

grouped in three broad categories: (1) 

Goods that are wholly the growth, 

product, or manufacture of one or both 

of the Parties; (2) goods (other than 

those covered by the product-specific 

rules set forth in Annex 3–A or Annex 

4–A) that are new or different articles of 

commerce that have been grown, 

produced, or manufactured in the 

territory of one or both of the Parties, 

and that have a minimum value-content, 

i.e., at least 35 percent of the good’s 

appraised value must be attributed to 

the cost or value of materials produced 

in one or both of the Parties plus the 

direct costs of processing operations 

performed in one or both of the Parties; 

and (3) goods that satisfy the productspecific rules set forth in Annex 3–A 

(textile or apparel goods) or Annex 4–

A (certain non-textile or non-apparel 

goods). 

Article 4.2 explains that the term 

‘‘new or different article of commerce’’

means a good that has been 

substantially transformed from a good or 

material that is not wholly the growth, 

product, or manufacture of one or both 

of the Parties and that has a new name, 

character, or use distinct from the good 

or material from which it was 

transformed. Article 4.3 provides that a 

good will not be considered to be a new 

or different article of commerce as the 

result of undergoing simple combining 

or packaging operations, or mere 

dilution with water or another 

substance that does not materially alter 

the characteristics of the good. 

Article 4.4 provides for the 

accumulation of production in the 

territory of one or both of the Parties in 

determining whether a good qualifies as 

originating under the BFTA. Articles 4.5 

and 4.6 set forth the rules for calculating 

the value of materials and the direct 

costs of processing operations, 

respectively, for purposes of 

determining whether a good satisfies the 

35 percent value-content requirement. 

Articles 4.7 through 4.9 consist of 

additional sub-rules applicable to 

originating goods, involving retail 

packaging materials, packing materials 

for shipment, indirect materials, and 

transit and transshipment. In addition, 

Articles 4.10 and 4.11 set forth the 

procedural requirements that apply 

under the BFTA, in particular with 

regard to importer claims for 

preferential tariff treatment. Article 4.14 

provides definitions of certain terms 

used in Chapter Four of the BFTA. The 

basic rules of origin in Chapter Four of 

the BFTA are set forth in General Note 

30, HTSUS. 

Chapter Five sets forth the customs 

operational provisions related to the 

implementation and administration of 

the BFTA. 

In order to provide transparency and 

facilitate their use, the majority of the 

BFTA implementing regulations set 

forth in this document have been 

included within new Subpart N in Part 

10 of the CBP regulations (19 CFR Part 

10). However, in those cases in which 

BFTA implementation is more 

appropriate in the context of an existing 

regulatory provision, the BFTA 

regulatory text has been incorporated in 

an existing Part within the CBP 

regulations. In addition, this document 

sets forth several cross-references and 

other consequential changes to existing 

regulatory provisions to clarify the 

relationship between those existing 

provisions and the new BFTA 

implementing regulations. The 

regulatory changes are discussed below 

in the order in which they appear in this 

document. 

Discussion of Amendments 

Part 10 

Section 10.31(f) concerns temporary 

importations under bond. It is amended 

by adding references to certain goods 

originating in Bahrain for which, like 

goods originating in Canada, Mexico, 

Singapore, Chile, and Morocco, no bond 

or other security will be required when 

imported temporarily for prescribed 

uses. The provisions of BFTA Article 

2.5 (temporary admission of goods) are 

already reflected in existing temporary 

importation bond or other provisions 

contained in Part 10 of the CBP 

regulations and in Chapter 98 of the 

HTSUS. 

Part 10, Subpart N 

General Provisions 

Section 10.801 outlines the scope of 

new Subpart N, Part 10. This section 

also clarifies that, except where the 

context otherwise requires, the 

requirements contained in Subpart N, 

Part 10 are in addition to general 

administrative and enforcement 

provisions set forth elsewhere in the 

CBP regulations. Thus, for example, the 

specific merchandise entry 

requirements contained in Subpart N, 

Part 10 are in addition to the basic entry 

requirements contained in Parts 141–

143 of the CBP regulations. 

Section 10.802 sets forth definitions 

of common terms used in multiple 

contexts or places within Subpart N, 


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Part 10. Although the majority of the 

definitions in this section are based on 

definitions contained in Article 1.3 of 

the BFTA and § 3 of the Act, other 

definitions have also been included to 

clarify the application of the regulatory 

texts. Additional definitions which 

apply in a more limited Subpart N, Part 

10 context are set forth elsewhere with 

the substantive provisions to which they 

relate. 

Import Requirements 

Section 10.803 sets forth the 

procedure for claiming BFTA tariff 

benefits at the time of entry. 

Section 10.804, as provided in BFTA 

Article 4.10(b), requires a U.S. importer, 

upon request, to submit a declaration 

setting forth all pertinent information 

concerning the growth, production, or 

manufacture of the good. Included in 

§ 10.804 is a provision that the 

declaration may be used either for a 

single importation or for multiple 

importations of identical goods. 

Section 10.805 sets forth certain 

importer obligations regarding the 

truthfulness of information and 

documents submitted in support of a 

claim for preferential tariff treatment 

under the BFTA. As provided in BFTA 

Article 4.10(a), this section states that a 

U.S. importer who makes a claim for 

preferential tariff treatment for a good is 

deemed to have certified that the good 

qualifies for such treatment. 

Section 10.806 provides that the 

importer’s declaration is not required 

for certain non-commercial or low-value 

importations. 

Section 10.807 implements the 

portion of BFTA Article 4.10 concerning 

the maintenance of records necessary 

for the preparation of the declaration. 

Section 10.808, which is based on 

BFTA Article 4.11.1, provides for the 

denial of BFTA tariff benefits if the 

importer fails to comply with any of the 

requirements of Subpart N, Part 10, CBP 

regulations. 

Rules of Origin 

Sections 10.809 through 10.817 

provide the implementing regulations 

regarding the rules of origin provisions 

of General Note 30, HTSUS, Article 3.2 

and Chapter Four of the BFTA, and 

§ 202 of the Act. 

Definitions 

Section 10.809 sets forth terms that 

are defined for purposes of the rules of 

origin. CBP notes that, pursuant to 

letters of understanding exchanged 

between the Parties on September 14, 

2004, in determining whether a good 

meets the definition of a ‘‘new or 

different article of commerce’’ in 

paragraph (i) of § 10.809, the United 

States should be guided by the 

provisions of Part 102 of the CBP 

regulations (19 CFR Part 102). 

General Rules of Origin 

Section 10.810 includes the basic 

rules of origin established in Article 4.1 

of the BFTA, section 202(b) of the Act, 

and General Note 30(b), HTSUS. 

Paragraph (a) of § 10.810 sets forth the 

three basic categories of goods that are 

considered originating goods under the 

BFTA. Paragraph (a)(1) of § 10.810 

specifies those goods that are 

considered originating goods because 

they are wholly the growth, product, or 

manufacture of one or both of the 

Parties. Paragraph (a)(2) provides that 

goods are considered originating goods 

if they: (1) Are new or different articles 

of commerce that have been grown, 

produced, or manufactured in the 

territory of one or both of the Parties as 

determined by application of the 

provisions of § 102.1 through § 102.21 of 

the CBP regulations (19 CFR 

102.1 102.21); (2) are classified in 

HTSUS provisions that are not covered 

by the product-specific rules set forth in 

General Note 30(h), HTSUS; and (3) 

meet a 35 percent domestic-content 

requirement. Finally, paragraph (a)(3) 

states that goods are considered 

originating goods if: (1) They are 

classified in HTSUS provisions that are 

covered by the product-specific rules set 

forth in General Note 30(h), HTSUS; (2) 

each non-originating material used in 

the production of the good in the 

territory of one or both of the Parties 

undergoes an applicable change in tariff 

classification or otherwise satisfies the 

requirements specified in General Note 

30(h), HTSUS; and (3) the goods meet 

any other requirements specified in 

General Note 30, HTSUS. 

Paragraph (b) of § 10.810 sets forth the 

basic rules that apply for purposes of 

determining whether a good satisfies the 

35 percent domestic-content 

requirement referred to in § 10.810(a)(2). 

Paragraph (c) of § 10.810 implements 

Article 4.3 of the BFTA, relating to the 

simple combining or packaging or mere 

dilution exceptions to the ‘‘new or 

different article of commerce’’

requirement of § 10.810(a)(2). Since the 

language in Article 4.3 of the BFTA (and 

§ 202(i)(7)(B) of the Act) is nearly 

identical to the language found in 

§ 213(a)(2) of the Caribbean Basin 

Economic Recovery Act (‘‘CBERA’’) (19 

U.S.C. 2703(a)(2)), § 10.810(c) 

incorporates by reference the examples 

and principles set forth in § 10.195(a)(2) 

of CBP’s implementing CBERA 

regulations. 

Originating Textile or Apparel Goods 

Section 10.811(a), as provided for in 

Article 3.2.6 of the BFTA, sets forth a de 

minimis rule for certain textile or 

apparel goods that may be considered to 

qualify as originating goods even though 

they fail to satisfy the applicable change 

in tariff classification set out in General 

Note 30(h). This paragraph also includes 

an exception to the de minimis rule. 

Section 10.811(b), which is based on 

Article 3.2.7 of the BFTA, sets forth a 

special rule for textile or apparel goods 

classifiable under General Rule of 

Interpretation 3, HTSUS, as goods put 

up in sets for retail sale. 

Accumulation 

Section 10.812, which is derived from 

BFTA Article 4.4, sets forth the rule by 

which originating goods or materials 

from the territory of a Party that are 

used in the production of a good in the 

territory of the other Party will be 

considered to originate in the territory 

of such other Party. In addition, this 

section also establishes that a good or 

material that is produced by one or 

more producers in the territory of one or 

both of the Parties is an originating good 

or material if the article satisfies all of 

the applicable requirements of the rules 

of origin of the BFTA. 

Value of Materials 

Section 10.813 implements Article 4.5 

of the BFTA, relating to the calculation 

of the value of materials that may be 

applied toward satisfaction of the 35 

percent value-content requirement. 

Direct Costs of Processing Operations 

Section 10.814, which reflects Article 

4.6 of the BFTA, sets forth provisions 

regarding the calculation of direct costs 

of processing operations for purposes of 

the 35 percent value-content 

requirement. 

Packaging and Packing Materials and 

Containers for Retail Sale and for 

Shipment 

Section 10.815 is based on Article 4.7 

of the BFTA and provides that retail 

packaging materials and packing 

materials for shipment are to be 

disregarded in determining whether a 

good qualifies as originating under the 

BFTA, except to the extent that the 

value of such packaging and packing 

materials may be included for purposes 

of meeting the 35 percent value-content 

requirement. 

Indirect Materials 

Section 10.816, which is derived from 

Article 4.8 of the BFTA, provides that 

indirect materials will be disregarded in 

determining whether a good qualifies as 


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58514 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 

an originating good under the BFTA, 

except to the extent that the cost of such 

indirect materials may be included 

toward satisfying the 35 percent valuecontent requirement. 

Imported Directly 

Section 10.817(a) sets forth the basic 

rule, found in Article 4.1 of the BFTA, 

that a good must be imported directly 

from the territory of a Party into the 

territory of the other Party to qualify as 

an originating good under the BFTA. 

This paragraph further provides that, as 

set forth in Article 4.9 of the BFTA, a 

good will not be considered to be 

imported directly if, after exportation 

from the territory of a Party, the good 

undergoes production, manufacturing, 

or any other operation outside the 

territories of the Parties, other than 

certain minor operations. 

Paragraph (b) of § 10.817 provides that 

an importer making a claim for 

preferential tariff treatment under the 

BFTA may be required to demonstrate, 

through the submission of documentary 

evidence, that the ‘‘imported directly’’

requirement was satisfied. 

Tariff Preference Level 

Section 10.818 sets forth the 

procedures for claiming BFTA tariff 

benefits for non-originating fabric, 

apparel, or made-up goods entitled to 

preference under an applicable tariff 

preference level (‘‘TPL’’). 

Section 10.819, which is based on 

Articles 3.2.8(a) through 3.2.8(d), 

describes the non-originating fabric, 

apparel, and made-up goods that are 

eligible for TPL claims under the BFTA. 

Section 10.820 is based on Article 

3.2.10 of the BFTA and establishes that, 

at the written request of the Government 

of Bahrain, CBP will require an importer 

claiming preferential treatment on a 

non-originating cotton or man-made 

fiber good specified in § 10.819 to 

submit a certificate of eligibility. 

Section 10.821 reflects Article 3.2.11 

of the BFTA. Paragraph (a) of § 10.821 

provides that an importer claiming 

preferential treatment on a nonoriginating cotton or man-made fiber 

good specified in § 10.819 must submit, 

at the request of the port director, a 

declaration setting forth all pertinent 

production information. Paragraph (b) of 

§ 10.821 requires that an importer must 

retain all records relied upon to prepare 

the declaration for a period of five years. 

Section 10.822 establishes that nonoriginating fabric or apparel goods are 

entitled to preferential tariff treatment 

under an applicable TPL only if they are 

imported directly from the territory of a 

Party into the territory of the other 

Party. 

Section 10.823 provides for the denial 

of a TPL claim if the importer fails to 

comply with any applicable 

requirement under Subpart N, Part 10, 

CBP regulations, including the failure to 

provide documentation, when requested 

by CBP, establishing that the good was 

imported directly from the territory of a 

Party into the territory of the other 

Party. 

Origin Verifications and Determinations 

Sections 10.824 implements BFTA 

Article 4.11.2 by providing that a claim 

for BFTA preferential tariff treatment, 

including any information submitted in 

support of the claim, will be subject to 

such verification as CBP deems 

necessary. This section further sets forth 

the circumstances under which a claim 

may be denied based on the results of 

the verification. 

Section 10.825 implements BFTA 

Article 4.11.3 by providing that CBP 

will issue a determination to the 

importer when CBP determines that a 

claim for BFTA preferential tariff 

treatment should be denied based on the 

results of a verification. This section 

also prescribes the information required 

to be included in the determination. 

Penalties 

Section 10.826 concerns the general 

application of penalties to BFTA 

transactions and is based on BFTA 

Article 5.9. 

Goods Returned After Repair or 

Alteration 

Section 10.827 implements BFTA 

Article 2.6 regarding duty treatment of 

goods re-entered after repair or 

alteration in Bahrain. 

Part 24 

A paragraph is added to § 24.23(c), 

which concerns the merchandise 

processing fee (MPF) to implement 

§ 203 of the Act, providing that the MPF 

is not applicable to goods that qualify as 

originating goods as provided for under 

§ 202 of the Act. 

Part 102 

Part 102 contains regulations 

regarding the rules for determining the 

country of origin of imported goods for 

various purposes. Section 102.0, which 

sets forth the scope of Part 102, is 

amended to notify readers that the rules 

of §§ 102.1 through 102.21 will be used 

for purposes of determining whether a 

good is considered a new and different 

article of commerce under the BFTA. 

Part 162 

Part 162 contains regulations 

regarding the inspection and 

examination of, among other things, 

imported merchandise. A crossreference is added to § 162.0, which is 

the scope section of the part, to refer 

readers to the additional BFTA records 

maintenance and examination 

provisions contained in new Subpart N, 

Part 10, CBP regulations. 

Part 163 

A conforming amendment is made to 

§ 163.1 to include the maintenance of 

any documentation that the importer 

may have in support of a claim for 

preference under the BFTA as an 

activity for which records must be 

maintained. Also, the list or records and 

information required for the entry of 

merchandise appearing in the Appendix 

to Part 163 (commonly known as the 

(a)(1)(A) list)) is also amended to add 

the BFTA records that the importer may 

have in support of a BFTA claim for 

preferential tariff treatment. 

Part 178 

Part 178 sets forth the control 

numbers assigned to information 

collections of CBP by the Office of 

Management and Budget, pursuant to 

the Paperwork Reduction Act of 1995, 

Public Law 104–13. The list contained 

in § 178.2 is amended to add the 

information collections used by CBP to 

determine eligibility for a tariff 

preference or other rights or benefits 

under the BFTA and the Act. 

Inapplicability of Notice and Delayed 

Effective Date Requirements 

Under section 553 of the 

Administrative Procedure Act (‘‘APA’’) 

(5 U.S.C. 553), agencies amending their 

regulations generally are required to 

publish a notice of proposed rulemaking 

in the Federal Register that solicits 

public comment on the proposed 

amendments, consider public comments 

in deciding on the final content of the 

final amendments, and publish the final 

amendments at least 30 days prior to 

their effective date. However, section 

553(a)(1) of the APA provides that the 

standard prior notice and comment 

procedures do not apply to an agency 

rulemaking that involves the foreign 

affairs function of the United States. 

CBP has determined that these interim 

regulations involve a foreign affairs 

function of the United States, as they 

implement preferential tariff treatment 

and related provisions of the BFTA. 

Therefore, the rulemaking requirements 

under the APA do not apply and this 

interim rule will be effective upon 

publication. However, CBP is soliciting 

comments in this interim rule and will 

consider all comments it receives before 

issuing a final rule. 


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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58515 

Executive Order 12866 and Regulatory 

Flexibility Act 

CBP has determined that this 

document is not a regulation or rule 

subject to the provisions of Executive 

Order 12866 of September 30, 1993 (58 

FR 51735, October 1993), because it 

pertains to a foreign affairs function of 

the United States and implements an 

international agreement, as described 

above, and therefore is specifically 

exempted by section 3(d)(2) of 

Executive Order 12866. Because a notice 

of proposed rulemaking is not required 

under section 553(b) of the APA for the 

reasons described above, CBP notes that 

the provisions of the Regulatory 

Flexibility Act, as amended (5 U.S.C. 

601 et seq.), do not apply to this 

rulemaking. Accordingly, CBP also 

notes that this interim rule is not subject 

to the regulatory analysis requirements 

or other requirements of 5 U.S.C. 603 

and 604. 

Paperwork Reduction Act 

These regulations are being issued 

without prior notice and public 

procedure pursuant to the 

Administrative Procedure Act (5 U.S.C. 

553). For this reason, the collections of 

information contained in these 

regulations have been reviewed and, 

pending receipt and evaluation of 

public comments, approved by the 

Office of Management and Budget in 

accordance with the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3507) under control number 1651–0130. 

The collections of information in 

these regulations are in §§ 10.803, 

10.804, 10.818, and 10.821. This 

information is required in connection 

with claims for preferential tariff 

treatment and for the purpose of the 

exercise of other rights under the BFTA 

and the Act and will be used by CBP to 

determine eligibility for a tariff 

preference or other rights or benefits 

under the BFTA and the Act. The likely 

respondents are business organizations 

including importers, exporters and 

manufacturers. 

Estimated total annual reporting 

burden: 100 hours. 

Estimated average annual burden per 

respondent: 12 minutes. 

Estimated number of respondents: 

500. 

Estimated annual frequency of 

responses: 1. 

Comments concerning the collections 

of information and the accuracy of the 

estimated annual burden, and 

suggestions for reducing that burden, 

should be directed to the Office of 

Management and Budget, Attention: 

Desk Officer for the Department of the 

Treasury, Office of Information and 

Regulatory Affairs, Washington, DC 

20503. A copy should also be sent to the 

Trade and Commercial Regulations 

Branch, Regulations and Rulings, U.S. 

Customs and Border Protection, 1300 

Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Signing Authority 

This document is being issued in 

accordance with § 0.1(a)(1) of the CBP 

Regulations (19 CFR 0.1(a)(1)) 

pertaining to the authority of the 

Secretary of the Treasury (or his/her 

delegate) to approve regulations related 

to certain customs revenue functions. 

List of Subjects 

19 CFR Part 10 

Alterations, Bonds, Customs duties 

and inspection, Exports, Imports, 

Preference programs, Repairs, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 24 

Financial and accounting procedures. 

19 CFR Part 102 

Customs duties and inspections, 

Imports, Reporting and recordkeeping 

requirements, Rules of origin, Trade 

agreements. 

19 CFR Part 162 

Administrative practice and 

procedure, Customs duties and 

inspection, Penalties, Trade agreements. 

19 CFR Part 163 

Administrative practice and 

procedure, Customs duties and 

inspection, Export, Import, Reporting 

and recordkeeping requirements, Trade 

agreements. 

19 CFR Part 178 

Administrative practice and 

procedure, Exports, Imports, Reporting 

and recordkeeping requirements. 

Amendments to the CBP Regulations 

■ Accordingly, chapter I of title 19, 

Code of Federal Regulations (19 CFR 

chapter I), is amended 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 the 

specific authority for new Subpart N is 

added to read as follows: 

Authority: 19 U.S.C. 66, 1202 (General 

Note 3(i), Harmonized Tariff Schedule of the 

United States), 1321, 1481, 1484, 1498, 1508, 

1623, 1624, 3314; 

* * * * * 

Sections 10.801 through 10.829 also 

issued under 19 U.S.C. 1202 (General 

Note 30, HTSUS) and Pub. L. 109–169, 

119 Stat. 3581 (19 U.S.C. 3805 note). 

■ 2. In § 10.31, paragraph (f), the last 

sentence is revised to read as follows: 

§ 10.31 Entry; bond. 

* * * * * 

(f) * * * In addition, notwithstanding 

any other provision of this paragraph, in 

the case of professional equipment 

necessary for carrying out the business 

activity, trade or profession of a 

business person, equipment for the 

press or for sound or television 

broadcasting, cinematographic 

equipment, articles imported for sports 

purposes and articles intended for 

display or demonstration, if brought 

into the United States by a resident of 

Canada, Mexico, Chile, Singapore, 

Morocco, or Bahrain and entered under 

Chapter 98, Subchapter XIII, HTSUS, no 

bond or other security will be required 

if the entered article is a good 

originating, within the meaning of 

General Notes 12, 25, 26, 27 and 30, 

HTSUS, in the country of which the 

importer is a resident. 

* * * * * 

■ 3. Part 10, CBP regulations, is 

amended by adding Subpart N to read 

as follows: 

Subpart N—United States-Bahrain Free 

Trade Agreement 

General Provisions 

Sec. 

10.801 Scope. 

10.802 General definitions. 

Import Requirements 

10.803 Filing of claim for preferential tariff 

treatment upon importation. 

10.804 Declaration. 

10.805 Importer obligations. 

10.806 Declaration not required. 

10.807 Maintenance of records. 

10.808 Effect of noncompliance; failure to 

provide documentation regarding 

transshipment. 

Rules of Origin 

10.809 Definitions. 

10.810 Originating goods. 

10.811 Textile or apparel goods. 

10.812 Accumulation. 

10.813 Value of materials. 

10.814 Direct costs of processing 

operations. 

10.815 Packaging and packing materials 

and containers for retail sale and for 

shipment. 

10.816 Indirect materials. 

10.817 Imported directly. 


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Tariff Preference Level 

10.818 Filing of claim for tariff preference 

level. 

10.819 Goods eligible for tariff preference 

claims. 

10.820 Certificate of eligibility. 

10.821 Declaration. 

10.822 Transshipment of non-originating 

fabric or apparel goods. 

10.823 Effect of non-compliance; failure to 

provide documentation regarding 

transshipment of non-originating fabric 

or apparel goods. 

Origin Verifications and Determinations 

10.824 Verification and justification of 

claim for preferential treatment. 

10.825 Issuance of negative origin 

determinations. 

Penalties 

10.826 Violations relating to the BFTA. 

Goods Returned After Repair or Alteration 

10.827 Goods re-entered after repair or 

alteration in Bahrain. 

Subpart N—United States-Bahrain Free 

Trade Agreement 

General Provisions 

§ 10.801 Scope. 

This subpart implements the duty 

preference and related customs 

provisions applicable to imported goods 

under the United States-Bahrain Free 

Trade Agreement (the BFTA) signed on 

September 14, 2004, and under the 

United States-Bahrain Free Trade 

Agreement Implementation Act (the 

Act; 119 Stat. 3581). Except as otherwise 

specified in this subpart, the procedures 

and other requirements set forth in this 

subpart are in addition to the customs 

procedures and requirements of general 

application contained elsewhere in this 

chapter. Additional provisions 

implementing certain aspects of the 

BFTA and the Act are contained in Parts 

24, 102, 162, and 163 of this chapter. 

§ 10.802 General definitions. 

As used in this subpart, the following 

terms will have the meanings indicated 

unless either the context in which they 

are used requires a different meaning or 

a different definition is prescribed for a 

particular section of this subpart: 

(a) Claim of origin. ‘‘Claim of origin’’

means a claim that a good is an 

originating good or a good of a Party; 

(b) Claim for preferential tariff 

treatment. ‘‘Claim for preferential tariff 

treatment’’ means a claim that a good is 

entitled to the duty rate applicable 

under the BFTA to an originating good 

or other good specified in the BFTA, 

and to an exemption from the 

merchandise processing fee; 

(c) Customs Valuation Agreement. 

‘‘Customs Valuation Agreement’’ means 

the Agreement on Implementation of 

Article VII of the General Agreement on 

Tariffs and Trade 1994, which is part of 

the WTO Agreement; 

(d) Customs duty. ‘‘Customs duty’’

includes any customs or import duty 

and a charge of any kind imposed in 

connection with the importation of a 

good, including any form of surtax or 

surcharge in connection with such 

importation, but does not include any: 

(1) Charge equivalent to an internal 

tax imposed consistently with Article 

III:2 of the GATT 1994; in respect of 

like, directly competitive, or 

substitutable goods of the Party, or in 

respect of goods from which the 

imported good has been manufactured 

or produced in whole or in part; 

(2) Antidumping or countervailing 

duty; and 

(3) Fee or other charge in connection 

with importation commensurate with 

the cost of services rendered; 

(e) Days. ‘‘Days’’ means calendar days; 

(f) Enterprise. ‘‘Enterprise’’ means any 

entity constituted or organized under 

applicable law, whether or not for 

profit, and whether privately-owned or 

governmentally-owned, including any 

corporation, trust, partnership, sole 

proprietorship, joint venture, or other 

association; 

(g) Foreign material. ‘‘Foreign 

material’’ means a material other than a 

material produced in the territory of one 

or both of the Parties; 

(h) GATT 1994. ‘‘GATT 1994’’ means 

the General Agreement on Tariffs and 

Trade 1994, which is part of the WTO 

Agreement; 

(i) Good. ‘‘Good’’ means any 

merchandise, product, article, or 

material; 

(j) Harmonized System. ‘‘Harmonized 

System (HS)’’ means the Harmonized 

Commodity Description and Coding 

System, including its General Rules of 

Interpretation, Section Notes, and 

Chapter Notes, as adopted and 

implemented by the Parties in their 

respective tariff laws; 

(k) Heading. ‘‘Heading’’ means the 

first four digits in the tariff classification 

number under the Harmonized System; 

(l) HTSUS. ‘‘HTSUS’’ means the 

Harmonized Tariff Schedule of the 

United States as promulgated by the 

U.S. International Trade Commission; 

(m) Originating. ‘‘Originating’’ means 

a good qualifying under the rules of 

origin set forth in General Note 30, 

HTSUS, and BFTA Chapter Three 

(Textiles and apparel) or Chapter Four 

(Rules of Origin); 

(n) Party. ‘‘Party’’ means the United 

States or the Kingdom of Bahrain; 

(o) Person. ‘‘Person’’ means a natural 

person or an enterprise; 

(p) Preferential tariff treatment. 

‘‘Preferential tariff treatment’’ means the 

duty rate applicable under the BFTA to 

an originating good and an exemption 

from the merchandise processing fee; 

(q) Subheading. ‘‘Subheading’’ means 

the first six digits in the tariff 

classification number under the 

Harmonized System; 

(r) Textile or apparel good. ‘‘Textile or 

apparel good’’ means a good listed in 

the Annex to the Agreement on Textiles 

and Clothing (commonly referred to as 

‘‘the ATC’’), which is part of the WTO 

Agreement; 

(s) Territory. ‘‘Territory’’ means: 

(1) With respect to Bahrain, the 

territory of Bahrain as well as the 

maritime areas, seabed, and subsoil over 

which Bahrain exercises, in accordance 

with international law, sovereignty, 

sovereign rights, and jurisdiction; and 

(2) With respect to the United States, 

(i) The customs territory of the United 

States, which includes the 50 states, the 

District of Columbia, and Puerto Rico, 

(ii) The foreign trade zones located in 

the United States and Puerto Rico, and 

(iii) Any areas beyond the territorial 

seas of the United States within which, 

in accordance with international law 

and its domestic law, the United States 

may exercise rights with respect to the 

seabed and subsoil and their natural 

resources; and 

(t) WTO Agreement. ‘‘WTO 

Agreement’’ means the Marrakesh 

Agreement Establishing the World Trade 

Organization of April 15, 1994. 

Import Requirements 

§ 10.803 Filing of claim for preferential 

tariff treatment upon importation. 

An importer may make a claim for 

BFTA preferential tariff treatment for an 

originating good by including on the 

entry summary, or equivalent 

documentation, the symbol ‘‘BH’’ as a 

prefix to the subheading of the HTSUS 

under which each qualifying good is 

classified, or by the method specified 

for equivalent reporting via an 

authorized electronic data interchange 

system. 

§ 10.804 Declaration. 

(a) Contents. An importer who claims 

preferential tariff treatment for a good 

under the BFTA must submit to CBP, at 

the request of the port director, a 

declaration setting forth all pertinent 

information concerning the growth, 

production, or manufacture of the good. 

A declaration submitted to CBP under 

this paragraph: 

(1) Need not be in a prescribed format 

but must be in writing or must be 

transmitted electronically pursuant to 


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any electronic means authorized by CBP 

for that purpose; 

(2) Must include the following 

information: 

(i) The legal name, address, 

telephone, and e-mail address (if any) of 

the importer of record of the good; 

(ii) The legal name, address, 

telephone, and e-mail address (if any) of 

the responsible official or authorized 

agent of the importer signing the 

declaration (if different from the 

information required by paragraph 

(a)(2)(i) of this section); 

(iii) The legal name, address, 

telephone and e-mail address (if any) of 

the exporter of the good (if different 

from the producer); 

(iv) The legal name, address, 

telephone and e-mail address (if any) of 

the producer of the good (if known); 

(v) A description of the good, which 

must be sufficiently detailed to relate it 

to the invoice and HS nomenclature, 

including quantity, numbers, invoice 

numbers, and bills of lading; 

(vi) A description of the operations 

performed in the growth, production, or 

manufacture of the good in territory of 

one or both of the Parties and, where 

applicable, identification of the direct 

costs of processing operations; 

(vii) A description of any materials 

used in the growth, production, or 

manufacture of the good that are wholly 

the growth, product, or manufacture of 

one or both of the Parties, and a 

statement as to the value of such 

materials; 

(viii) A description of the operations 

performed on, and a statement as to the 

origin and value of, any materials used 

in the article that are claimed to have 

been sufficiently processed in the 

territory of one or both of the Parties so 

as to be materials produced in one or 

both of the Parties, or are claimed to 

have undergone an applicable change in 

tariff classification specified in General 

Note 30(h), HTSUS; and 

(ix) A description of the origin and 

value of any foreign materials used in 

the good that have not been 

substantially transformed in the 

territory of one or both of the Parties, or 

have not undergone an applicable 

change in tariff classification specified 

in General Note 30(h), HTSUS; 

(3) Must include a statement, in 

substantially the following form: 

‘‘I certify that: 

The information on this document is true 

and accurate and I assume the responsibility 

for proving such representations. I 

understand that I am liable for any false 

statements or material omissions made on or 

in connection with this document; 

I agree to maintain and present upon 

request, documentation necessary to support 

these representations; 

The goods comply with all the 

requirements for preferential tariff treatment 

specified for those goods in the United 

States-Bahrain Free Trade Agreement; and 

This document consists of lll pages, 

including all attachments.’’

(b) Responsible official or agent. The 

declaration must be signed and dated by 

a responsible official of the importer or 

by the importer’s authorized agent 

having knowledge of the relevant facts. 

(c) Language. The declaration must be 

completed in the English language. 

(d) Applicability of declaration. The 

declaration may be applicable to: 

(1) A single importation of a good into 

the United States, including a single 

shipment that results in the filing of one 

or more entries and a series of 

shipments that results in the filing of 

one entry; or 

(2) Multiple importations of identical 

goods into the United States that occur 

within a specified blanket period, not 

exceeding 12 months, set out in the 

declaration. For purposes of this 

paragraph, ‘‘identical goods’’ means 

goods that are the same in all respects 

relevant to the production that qualifies 

the goods for preferential tariff 

treatment. 

§ 10.805 Importer obligations. 

(a) General. An importer who makes 

a claim for preferential tariff treatment 

under § 10.803 of this subpart: 

(1) Will be deemed to have certified 

that the good is eligible for preferential 

tariff treatment under the BFTA: 

(2) Is responsible for the truthfulness 

of the information and data contained in 

the declaration provided for in § 10.804 

of this subpart; and 

(3) Is responsible for submitting any 

supporting documents requested by CBP 

and for the truthfulness of the 

information contained in those 

documents. CBP will allow for the 

direct submission by the exporter or 

producer of business confidential or 

other sensitive information, including 

cost and sourcing information. 

(b) Information provided by exporter 

or producer. The fact that the importer 

has made a claim for preferential tariff 

treatment or prepared a declaration 

based on information provided by an 

exporter or producer will not relieve the 

importer of the responsibility referred to 

in paragraph (a) of this section. 

§ 10.806 Declaration not required. 

(a) General. Except as otherwise 

provided in paragraph (b) of this 

section, an importer will not be required 

to submit a declaration under § 10.804 

of this subpart for: 

(1) A non-commercial importation of 

a good; or 

(2) A commercial importation for 

which the value of the originating goods 

does not exceed U.S. $2,500. 

(b) Exception. If the port director 

determines that an importation 

described in paragraph (a) of this 

section may reasonably be considered to 

have been carried out or planned for the 

purpose of evading compliance with the 

rules and procedures governing claims 

for preference under the BFTA, the port 

director will notify the importer that for 

that importation the importer must 

submit to CBP a declaration. The 

importer must submit such a declaration 

within 30 days from the date of the 

notice. Failure to timely submit the 

declaration will result in denial of the 

claim for preferential tariff treatment. 

§ 10.807 Maintenance of records. 

(a) General. An importer claiming 

preferential tariff treatment for a good 

under § 10.803 of this subpart must 

maintain, for five years after the date of 

the claim for preferential tariff 

treatment, all records and documents 

necessary for the preparation of the 

declaration. 

(b) Applicability of other 

recordkeeping requirements. The 

records and documents referred to in 

paragraph (a) of this section are in 

addition to any other records required to 

be made, kept, and made available to 

CBP under Part 163 of this chapter. 

(c) Method of maintenance. The 

records and documents referred to in 

paragraph (a) of this section must be 

maintained by importers as provided in 

§ 163.5 of this chapter. 

§ 10.808 Effect of noncompliance; failure 

to provide documentation regarding 

transshipment. 

(a) General. If the importer fails to 

comply with any requirement under this 

subpart, including submission of a 

complete declaration under § 10.804 of 

this subpart, when requested, the port 

director may deny preferential tariff 

treatment to the imported good. 

(b) Failure to provide documentation 

regarding transshipment. Where the 

requirements for preferential tariff 

treatment set forth elsewhere in this 

subpart are met, the port director 

nevertheless may deny preferential 

treatment to a good if the good is 

shipped through or transshipped in the 

territory of a country other than a Party, 

and the importer of the good does not 

provide, at the request of the port 

director, evidence demonstrating to the 

satisfaction of the port director that the 

good was imported directly from the 

territory of a Party into the territory of 

the other Party (see § 10.817 of this 

subpart). 


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Rules of Origin 

§ 10.809 Definitions. 

For purposes of §§ 10.809 through 

10.817: 

(a) Exporter. ‘‘Exporter’’ means a 

person who exports goods from the 

territory of a Party; 

(b) Generally Accepted Accounting 

Principles. ‘‘Generally Accepted 

Accounting Principles’’ means the 

recognized consensus or substantial 

authoritative support in the territory of 

a Party, with respect to the recording of 

revenues, expenses, costs, assets, and 

liabilities, the disclosure of information, 

and the preparation of financial 

statements. These standards may 

encompass broad guidelines of general 

application as well as detailed 

standards, practices, and procedures; 

(c) Good. ‘‘Good’’ means any 

merchandise, product, article, or 

material; 

(d) Goods wholly the growth, product, 

or manufacture of one or both of the 

Parties. ‘‘Goods wholly the growth, 

product, or manufacture of one or both 

of the Parties’’ means: 

(1) Mineral goods extracted in the 

territory of one or both of the Parties; 

(2) Vegetable goods, as such goods are 

defined in the HTSUS, harvested in the 

territory of one or both of the Parties; 

(3) Live animals born and raised in 

the territory of one or both of the 

Parties; 

(4) Goods obtained from live animals 

raised in the territory of one or both of 

the Parties; 

(5) Goods obtained from hunting, 

trapping, or fishing in the territory of 

one or both of the parties; 

(6) Goods (fish, shellfish, and other 

marine life) taken from the sea by 

vessels registered or recorded with a 

party and flying its flag; 

(7) Goods produced from goods 

referred to in paragraph (d)(5) of this 

section on board factory ships registered 

or recorded with that Party and flying 

its flag; 

(8) Goods taken by a Party or a person 

of a Party from the seabed or beneath 

the seabed outside territorial waters, 

provided that a Party has rights to 

exploit such seabed; 

(9) Goods taken from outer space, 

provided they are obtained by a Party or 

a person of a Party and not processed in 

the territory of a non-Party; 

(10) Waste and scrap derived from: 

(i) Production or manufacture in the 

territory of one or both of the Parties, or 

(ii) Used goods collected in the 

territory of one or both of the Parties, 

provided such goods are fit only for the 

recovery of raw materials; 

(11) Recovered goods derived in the 

territory of a Party from used goods, and 

utilized in the territory of that Party in 

the production of remanufactured 

goods; and 

(12) Goods produced in the territory 

of one or both of the Parties exclusively 

from goods referred to in paragraphs 

(d)(1) through (d)(10) of this section, or 

from their derivatives, at any stage of 

production; 

(e) Importer. Importer means a person 

who imports goods into the territory of 

a Party; 

(f) Indirect material. ‘‘Indirect 

material’’ means a good used in the 

growth, production, manufacture, 

testing, or inspection of a good but not 

physically incorporated into the good, 

or a good used in the maintenance of 

buildings or the operation of equipment 

associated with the growth, production, 

or manufacture of a good, including: 

(1) Fuel and energy; 

(2) Tools, dies, and molds; 

(3) Spare parts and materials used in 

the maintenance of equipment and 

buildings; 

(4) Lubricants, greases, compounding 

materials, and other materials used in 

the growth, production, or manufacture 

of a good or used to operate equipment 

and buildings; 

(5) Gloves, glasses, footwear, clothing, 

safety equipment, and supplies; 

(6) Equipment, devices, and supplies 

used for testing or inspecting the good; 

(7) Catalysts and solvents; and 

(8) Any other goods that are not 

incorporated into the good but the use 

of which in the growth, production, or 

manufacture of the good can reasonably 

be demonstrated to be a part of that 

growth, production, or manufacture; 

(g) Material. ‘‘Material’’ means a good, 

including a part or ingredient, that is 

used in the growth, production, or 

manufacture of another good that is a 

new or different article of commerce 

that has been grown, produced, or 

manufactured in one or both of the 

Parties; 

(h) Material produced in the territory 

of one or both of the Parties. ‘‘Material 

produced in the territory of one or both 

of the Parties’’ means a good that is 

either wholly the growth, product, or 

manufacture of one or both of the 

Parties, or a new or different article of 

commerce that has been grown, 

produced, or manufactured in the 

territory of one or both of the Parties; 

(i) New or different article of 

commerce. A ‘‘new or different article of 

commerce’’ exists when the country of 

origin of a good which is produced in 

a Party from foreign materials is 

determined to be that country under the 

provisions of §§ 102.1 through 102.21 of 

this chapter; 

(j) Non-originating material. ‘‘Nonoriginating material’’ means a material 

that does not qualify as originating 

under this subpart or General Note 30, 

HTSUS; 

(k) Packing materials and containers 

for shipment. ‘‘Packing materials and 

containers for shipment’’ means the 

goods used to protect a good during its 

transportation to the United States, and 

does not include the packaging 

materials and containers in which a 

good is packaged for retail sale; 

(l) Recovered goods. ‘‘Recovered 

goods’’ means materials in the form of 

individual parts that result from: 

(1) The complete disassembly of used 

goods into individual parts; and 

(2) The cleaning, inspecting, testing, 

or other processing of those parts as 

necessary for improvement to sound 

working condition; 

(m) Remanufactured good. 

‘‘Remanufactured good’’ means an 

industrial good that is assembled in the 

territory of a Party and that: 

(1) Is entirely or partially comprised 

of recovered goods; 

(2) Has a similar life expectancy to, 

and meets the same performance 

standards as, a like good that is new; 

and 

(3) Enjoys the factory warranty similar 

to that of a like good that is new; 

(n) Simple combining or packaging 

operations. ‘‘Simple combining or 

packaging operations’’ means operations 

such as adding batteries to electronic 

devices, fitting together a small number 

of components by bolting, gluing, or 

soldering, or packing or repacking 

components together. 

§ 10.810 Originating goods. 

(a) General. A good will be considered 

an originating good under the BFTA 

when imported directly from the 

territory of a Party into the territory of 

the other Party only if: 

(1) The good is wholly the growth, 

product, or manufacture of one or both 

of the Parties; 

(2) The good is a new or different 

article of commerce, as defined in 

§ 10.809(i) of this subpart, that has been 

grown, produced, or manufactured in 

the territory of one or both of the 

Parties, is provided for in a heading or 

subheading of the HTSUS that is not 

covered by the product-specific rules set 

forth in General Note 30(h), HTSUS, and 

meets the value-content requirement 

specified in paragraph (b) of this 

section; or 

(3) The good is provided for in a 

heading or subheading of the HTSUS 

covered by the product-specific rules set 

forth in General Note 30(h), HTSUS, 

and: 


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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58519 

(i)(A) Each of the non-originating 

materials used in the production of the 

good undergoes an applicable change in 

tariff classification specified in General 

Note 30(h), HTSUS, as a result of 

production occurring entirely in the 

territory of one or both of the Parties; or 

(B) The good otherwise satisfies the 

requirements specified in General Note 

30(h), HTSUS; and 

(ii) The good meets any other 

requirements specified in General Note 

30, HTSUS. 

(b) Value-content requirement. A good 

described in paragraph (a)(2) of this 

section will be considered an 

originating good under the BFTA only if 

the sum of the value of materials 

produced in one or both of the Parties, 

plus the direct costs of processing 

operations performed in one or both of 

the Parties, is not less than 35 percent 

of the appraised value of the good at the 

time the good is entered into the 

territory of the United States. 

(c) Combining, packaging, and 

diluting operations. For purposes of this 

subpart, a good will not be considered 

a new or different article of commerce 

by virtue of having undergone simple 

combining or packaging operations, or 

mere dilution with water or another 

substance that does not materially alter 

the characteristics of the good. The 

principles and examples set forth in 

§ 10.195(a)(2) of this part will apply 

equally for purposes of this paragraph. 

§ 10.811 Textile or apparel goods. 

(a) De minimis.—(1) General. Except 

as provided in paragraph (a)(2) of this 

section, a textile or apparel good that is 

not an originating good under the BFTA 

because certain fibers or yarns used in 

the production of the component of the 

good that determines the tariff 

classification of the good do not 

undergo an applicable change in tariff 

classification set out in General Note 

30(h), HTSUS, will be considered to be 

an originating good if the total weight of 

all such fibers is not more than seven 

percent of the total weight of that 

component. 

(2) Exception. A textile or apparel 

good containing elastomeric yarns in the 

component of the good that determines 

the tariff classification of the good will 

be considered to be an originating good 

only if such yarns are wholly formed in 

the territory of a Party. 

(b) Textile or apparel goods put up in 

sets. Notwithstanding the specific rules 

specified in General Note 30(h), HTSUS, 

textile or apparel goods classifiable as 

goods put up in sets for retail sale as 

provided for in General Rule of 

Interpretation 3, HTSUS, will not be 

considered to be originating goods 

under the BFTA unless each of the 

goods in the set is an originating good 

or the total value of the non-originating 

goods in the set does not exceed ten 

percent of the appraised value of the set. 

§ 10.812 Accumulation. 

(a) An originating good or material 

produced in the territory of one or both 

of the Parties that is incorporated into 

a good in the territory of the other Party 

will be considered to originate in the 

territory of the other Party. 

(b) A good that is grown, produced, or 

manufactured in the territory of one or 

both of the Parties by one or more 

producers is an originating good if the 

good satisfies the requirements of 

§ 10.810 of this subpart and all other 

applicable requirements of General Note 

30, HTSUS. 

§ 10.813 Value of materials. 

(a) General. For purposes of 

§ 10.810(b) of this subpart and, except as 

provided in paragraph (b) of this 

section, the value of a material 

produced in the territory of one or both 

of the Parties includes the following: 

(1) The price actually paid or payable 

for the material by the producer of the 

good; 

(2) The freight, insurance, packing 

and all other costs incurred in 

transporting the material to the 

producer’s plant, if such costs are not 

included in the price referred to in 

paragraph (a)(1) of this section; 

(3) The cost of waste or spoilage 

resulting from the use of the material in 

the growth, production, or manufacture 

of the good, less the value of recoverable 

scrap; and 

(4) Taxes or customs duties imposed 

on the material by one or both of the 

Parties, if the taxes or customs duties 

are not remitted upon exportation from 

the territory of a Party. 

(b) Exception. If the relationship 

between the producer of a good and the 

seller of a material influenced the price 

actually paid or payable for the material, 

or if there is no price actually paid or 

payable by the producer for the 

material, the value of the material 

produced in the territory of one or both 

of the Parties includes the following: 

(1) All expenses incurred in the 

growth, production, or manufacture of 

the material, including general 

expenses; 

(2) A reasonable amount for profit; 

and 

(3) The freight, insurance, packing, 

and all other costs incurred in 

transporting the material to the 

producer’s plant. 

§ 10.814 Direct costs of processing 

operations. 

(a) Items included. For purposes of 

§ 10.810(b) of this subpart, the words 

‘‘direct costs of processing operations’’, 

with respect to a good, mean those costs 

either directly incurred in, or that can 

be reasonably allocated to, the growth, 

production, or manufacture of the good 

in the territory of one or both of the 

Parties. Such costs include, to the extent 

they are includable in the appraised 

value of the good when imported into a 

Party, the following: 

(1) All actual labor costs involved in 

the growth, production, or manufacture 

of the specific good, including fringe 

benefits, on-the-job training, and the 

costs of engineering, supervisory, 

quality control, and similar personnel; 

(2) Tools, dies, molds, and other 

indirect materials, and depreciation on 

machinery and equipment that are 

allocable to the specific good; 

(3) Research, development, design, 

engineering, and blueprint costs, to the 

extent that they are allocable to the 

specific good; 

(4) Costs of inspecting and testing the 

specific good; and 

(5) Costs of packaging the specific 

good for export to the territory of the 

other Party. 

(b) Items not included. For purposes 

of § 10.810(b) of this subpart, the words 

‘‘direct costs of processing operations’’

do not include items that are not 

directly attributable to the good or are 

not costs of growth, production, or 

manufacture of the good. These include, 

but are not limited to: 

(1) Profit; and 

(2) General expenses of doing 

business that are either not allocable to 

the good or are not related to the 

growth, production, or manufacture of 

the good, such as administrative 

salaries, casualty and liability 

insurance, advertising, and salesmen’s 

salaries, commissions, or expenses. 

§ 10.815 Packaging and packing materials 

and containers for retail sale and for 

shipment. 

Packaging materials and containers in 

which a good is packaged for retail sale 

and packing materials and containers 

for shipment are to be disregarded in 

determining whether a good qualifies as 

an originating good under § 10.810 of 

this subpart and General Note 30, 

HTSUS, except to the extent that the 

value of such packaging and packing 

materials and containers may be 

included in meeting the value-content 

requirement specified in § 10.810(b) of 

this subpart. 


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§ 10.816 Indirect materials. 

Indirect materials are to be 

disregarded in determining whether a 

good qualifies as an originating good 

under § 10.810 of this subpart and 

General Note 30, HTSUS, except that 

the cost of such indirect materials may 

be included in meeting the valuecontent requirement specified in 

§ 10.810(b) of this subpart. 

§ 10.817 Imported directly. 

(a) General. To qualify as an 

originating good under the BFTA, a 

good must be imported directly from the 

territory of a Party into the territory of 

the other Party. For purposes of this 

subpart, the words ‘‘imported directly’’

mean: 

(1) Direct shipment from the territory 

of a Party into the territory of the other 

Party without passing through the 

territory of a non-Party; or 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’

only if the good: 

(i) Remained under the control of the 

customs authority of the non-Party; and 

(ii) Did not undergo production, 

manufacturing, or any other operation 

outside the territories of the Parties, 

other than unloading, reloading, or any 

other operation necessary to preserve 

the good in good condition or to 

transport the good to the territory of a 

Party. Operations that may be performed 

outside the territories of the Parties 

include inspection, removal of dust that 

accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

(b) Documentary evidence. An 

importer making a claim for preferential 

tariff treatment under the BFTA for an 

originating good may be required to 

demonstrate, to CBP’s satisfaction, that 

the good was ‘‘imported directly’’ from 

the territory of a Party into the territory 

of the other Party, as that term is 

defined in paragraph (a) of this section. 

An importer may demonstrate 

compliance with this section by 

submitting documentary evidence. Such 

evidence may include, but is not limited 

to, bills of lading, airway bills, packing 

lists, commercial invoices, receiving 

and inventory records, and customs 

entry and exit documents. 

Tariff Preference Level 

§ 10.818 Filing of claim for tariff preference 

level. 

A fabric, apparel, or made-up good 

described in § 10.819 of this subpart that 

does not qualify as an originating good 

under § 10.810 of this subpart may 

nevertheless be entitled to preferential 

tariff treatment under the BFTA under 

an applicable tariff preference level 

(TPL). To make a TPL claim, the 

importer must include on the entry 

summary, or equivalent documentation, 

the applicable subheading in Chapter 99 

of the HTSUS (9914.99.20) immediately 

above the applicable subheading in 

Chapter 52 through Chapter 63 of the 

HTSUS under which each nonoriginating fabric or apparel good is 

classified. 

§ 10.819 Goods eligible for tariff 

preference claims. 

The following goods are eligible for a 

TPL claim filed under § 10.818 of this 

subpart (subject to the quantitative 

limitations set forth in U.S. Note 13, 

Subchapter XIV, Chapter 99, HTSUS): 

(a) Cotton or man-made fiber fabric 

goods provided for in Chapters 52, 54, 

55, 58, and 60 of the HTSUS that are 

wholly formed in the territory of 

Bahrain from yarn produced or obtained 

outside the territory of Bahrain or the 

United States; 

(b) Cotton or man-made fiber fabric 

goods provided for in subheadings 

5801.21, 5801.22, 5801.23, 5801.24, 

5801.25, 5801.26, 5801.31, 5801.32, 

5801.33, 5801.34, 5801.35, 5801.36, 

5802.11, 5802.19, 5802.20, 5802.30, 

5803.10, 5803.90.30, 5804.10.10, 

5804.21, 5804.29.10, 5804.30, 

5805.00.30, 5805.00.40, 5806.10.10, 

5806.10.24, 5806.10.28, 5806.20, 

5806.31, 5806.32, 5807.10.05, 

5807.10.20, 5807.90.05, 5807.90.20, 

5808.10.40, 5808.10.70, 5808.90, 

5809.00, 5810.10, 5810.91, 5810.92, 

5811.00.20, 5811.00.30, 6001.10, 

6001.21, 6001.22, 6001.91, 6001.92, 

6002.40, 6002.90, 6003.20, 6003.30, 

6003.40, 6004.10, 6004.90, 6005.21, 

6005.22, 6005.23, 6005.24, 6005.31, 

6005.32, 6005.33, 6005.34, 6005.41, 

6005.42, 6005.43, 6005.44, 6006.21, 

6006.22, 6006.23, 6006.24, 6006.31, 

6006.32, 6006.33, 6006.34, 6006.41, 

6006.42, 6006.43, and 6006.44 of the 

HTSUS that are wholly formed in the 

territory of Bahrain from yarn spun in 

the territory of Bahrain or the United 

States from fiber produced or obtained 

outside the territory of Bahrain or the 

United States; 

(c) Cotton or man-made fiber apparel 

goods provided for in Chapters 61 or 62 

of the HTSUS that are cut or knit to 

shape, or both, and sewn or otherwise 

assembled in the territory of Bahrain 

from fabric or yarn produced or 

obtained outside the territory of Bahrain 

or the United States; and 

(d) Cotton or man-made fiber made-up 

goods provided for in Chapter 63 of the 

HTSUS that are cut or knit to shape, or 

both, and sewn or otherwise assembled 

in the territory of Bahrain from fabric 

wholly formed in Bahrain or the United 

States from yarn produced or obtained 

outside the territory of Bahrain or the 

United States. 

§ 10.820 Certificate of eligibility. 

Upon request, an importer claiming 

preferential tariff treatment on a nonoriginating cotton or man-made fiber 

good specified in § 10.819 of this 

subpart must submit to CBP a certificate 

of eligibility. The certificate of eligibility 

must be completed and signed by an 

authorized official of the Government of 

Bahrain and must be in the possession 

of the importer at the time the 

preferential tariff treatment is claimed. 

§ 10.821 Declaration. 

(a) General. An importer who claims 

preferential tariff treatment on a nonoriginating cotton or man-made fiber 

good specified in § 10.819 of this 

subpart must submit, at the request of 

the port director, a declaration 

supporting such a claim for preferential 

tariff treatment that sets forth all 

pertinent information concerning the 

production of the good, including: 

(1) A description of the good, 

quantity, invoice numbers, and bills of 

lading; 

(2) A description of the operations 

performed in the production of the good 

in the territory of one or both of the 

Parties; 

(3) A reference to the specific 

provision in § 10.819 of this subpart that 

forms the basis for the claim for 

preferential tariff treatment; and 

(4) A statement as to any fiber, yarn, 

or fabric of a non-Party and the origin 

of such materials used in the production 

of the good. 

(b) Retention of records. An importer 

must retain all documents relied upon 

to prepare the declaration for a period 

of five years. 

§ 10.822 Transshipment of non-originating 

fabric or apparel goods. 

(a) General. To qualify for preferential 

tariff treatment under an applicable 

TPL, a good must be imported directly 

from the territory of a Party into the 

territory of the other Party. For purposes 

of this subpart, the words ‘‘imported 

directly’’ mean: 

(1) Direct shipment from the territory 

of a Party into the territory of the other 


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Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 58521 

Party without passing through the 

territory of a non-Party; or 

(2) If the shipment passed through the 

territory of a non-Party, the good, upon 

arrival in the territory of a Party, will be 

considered to be ‘‘imported directly’’

only if the good: 

(i) Remained under the control of the 

customs authority of the non-Party; and 

(ii) Did not undergo production, 

manufacturing, or any other operation 

outside the territories of the Parties, 

other than unloading, reloading, or any 

other operation necessary to preserve it 

in good condition or to transport the 

good to the territory of a Party. 

Operations that may be performed 

outside the territories of the Parties 

include inspection, removal of dust that 

accumulates during shipment, 

ventilation, spreading out or drying, 

chilling, replacing salt, sulfur dioxide, 

or other aqueous solutions, replacing 

damaged packing materials and 

containers, and removal of units of the 

good that are spoiled or damaged and 

present a danger to the remaining units 

of the good, or to transport the good to 

the territory of a Party. 

(b) Documentary evidence. An 

importer making a claim for preferential 

tariff treatment under an applicable TPL 

may be required to demonstrate, to 

CBP’s satisfaction, that the good was 

‘‘imported directly’’ from the territory of 

a Party into the territory of the other 

Party, as that terms is defined in 

paragraph (a) of this section. An 

importer may demonstrate compliance 

with this section by submitting 

documentary evidence. Such evidence 

may include, but is not limited to, bills 

of lading, airway bills, packing lists, 

commercial invoices, receiving and 

inventory records, and customs entry 

and exit documents. 

§ 10.823 Effect of non-compliance; failure 

to provide documentation regarding 

transshipment of non-originating fabric or 

apparel goods. 

(a) General. If an importer of a good 

for which a TPL claim is made fails to 

comply with any applicable 

requirement under this subpart, the port 

director may deny preferential tariff 

treatment to the imported good. 

(b) Failure to provide documentation 

regarding transshipment. Where the 

requirements for preferential tariff 

treatment set forth elsewhere in this 

subpart are met, the port director 

nevertheless may deny preferential tariff 

treatment to a good for which a TPL 

claim is made if the good is shipped 

through or transshipped in a country 

other than a Party, and the importer of 

the good does not provide, at the request 

of the port director, evidence 

demonstrating to the satisfaction of the 

port director that the requirements set 

forth in § 10.822 of this subpart were 

met. 

Origin Verifications and 

Determinations 

§ 10.824 Verification and justification of 

claim for preferential treatment. 

(a) Verification. A claim for 

preferential treatment made under 

§ 10.803 of this subpart, including any 

declaration or other information 

submitted to CBP in support of the 

claim, will be subject to such 

verification as the port director deems 

necessary. In the event that the port 

director is provided with insufficient 

information to verify or substantiate the 

claim, the port director may deny the 

claim for preferential treatment. 

(b) Applicable accounting principles. 

When conducting a verification of origin 

to which Generally Accepted 

Accounting Principles may be relevant, 

CBP will apply and accept the Generally 

Accepted Accounting Principles 

applicable in the country of production. 

§ 10.825 Issuance of negative origin 

determinations. 

If, as a result of an origin verification 

initiated under this subpart, CBP 

determines that a claim for preferential 

tariff treatment made under § 10.803 of 

this subpart should be denied, it will 

issue a determination in writing or via 

an authorized electronic data 

interchange system to the importer that 

sets forth the following: 

(a) A description of the good that was 

the subject of the verification together 

with the identifying numbers and dates 

of the export and import documents 

pertaining to the good; 

(b) A statement setting forth the 

findings of fact made in connection with 

the verification and upon which the 

determination is based; and 

(c) With specific reference to the rules 

applicable to originating goods as set 

forth in General Note 30, HTSUS, and 

in §§ 10.809 through 10.817 of this 

subpart, the legal basis for the 

determination. 

Penalties 

§ 10.826 Violations relating to the BFTA. 

All criminal, civil, or administrative 

penalties which may be imposed on 

U.S. importers for violations of the 

customs and related laws and 

regulations will also apply to U.S. 

importers for violations of the laws and 

regulations relating to the BFTA. 

Goods Returned After Repair or 

Alteration 

§ 10.827 Goods re-entered after repair or 

alteration in Bahrain. 

(a) General. This section sets forth the 

rules that apply for purposes of 

obtaining duty-free treatment on goods 

returned after repair or alteration in 

Bahrain as provided for in subheadings 

9802.00.40 and 9802.00.50, HTSUS. 

Goods returned after having been 

repaired or altered in Bahrain, whether 

or not pursuant to a warranty, are 

eligible for duty-free treatment, 

provided that the requirements of this 

section are met. For purposes of this 

section, ‘‘repairs or alterations’’ means 

restoration, addition, renovation, redyeing, cleaning, re-sterilizing, or other 

treatment which does not destroy the 

essential characteristics of, or create a 

new or commercially different good 

from, the good exported from the United 

States. 

(b) Goods not eligible for treatment. 

The duty-free treatment referred to in 

paragraph (a) of this section will not 

apply to goods which, in their condition 

as exported from the United States to 

Bahrain, are incomplete for their 

intended use and for which the 

processing operation performed in 

Bahrain constitutes an operation that is 

performed as a matter of course in the 

preparation or manufacture of finished 

goods. 

(c) Documentation. The provisions of 

paragraphs (a), (b), and (c) of § 10.8 of 

this part, relating to the documentary 

requirements for goods entered under 

subheading 9802.00.40 or 9802.00.50, 

HTSUS, will apply in connection with 

the entry of goods which are returned 

from Bahrain after having been exported 

for repairs or alterations and which are 

claimed to be duty free. 

PART 24—CUSTOMS FINANCIAL AND 

ACCOUNTING PROCEDURE 

■ 4. The general authority citation for 

Part 24 and the specific authority for 

§ 24.23 continue to read as follows: 

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.). 

* * * * * 

Section 24.23 also issued under 19 U.S.C. 

3332; 

* * * * * 

■ 5. Section 24.23 is amended by adding 

a new paragraph (c)(8) to read as 

follows: 

§ 24.23 Fees for processing merchandise. 

* * * * * 


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58522 Federal Register / Vol. 72, No. 199 / Tuesday, October 16, 2007 / Rules and Regulations 

(c) * * * 

(8) The ad valorem fee, surcharge, and 

specific fees provided under paragraphs 

(b)(1) and (b)(2)(i) of this section will 

not apply to goods that qualify as 

originating goods under § 202 of the 

United States-Bahrain Free Trade 

Agreement Implementation Act (see also 

General Note 30, HTSUS) that are 

entered, or withdrawn from warehouse 

for consumption, on or after August 1, 

2006. 

* * * * * 

PART 102—RULES OF ORIGIN 

■ 6. 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. 

■ 7. Section 102.0 is amended by 

adding, after the second sentence, a new 

sentence to read as follows: 

§ 102.0 Scope. 

* * * The rules set forth in §§ 102.1 

through 102.21 of this Part will also 

apply for purposes of determining 

whether an imported good is a new or 

different article of commerce under 

§ 10.809 of the United States-Bahrain 

Free Trade Agreement regulations. 

* * * 

PART 162—INSPECTION, SEARCH, 

AND SEIZURE 

■ 8. The authority citation for Part 162 

continues to read in part as follows: 

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

1592, 1593a, 1624. 

* * * * * 

■ 9. Section 162.0 is amended by 

revising the last sentence to read as 

follows: 

§ 162.0 Scope. 

* * * Additional provisions 

concerning records maintenance and 

examination applicable to U.S. 

importers, exporters and producers 

under the U.S.-Chile Free Trade 

Agreement, the U.S.-Singapore Free 

Trade Agreement, the U.S.-Morocco 

Free Trade Agreement, and the U.S.- 

Bahrain Free Trade Agreement are 

contained in Part 10, Subparts H, I, M, 

and N of this chapter, respectively. 

PART 163—RECORDKEEPING 

■ 10. 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. 

■ 11. Section 163.1(a)(2) is amended by 

redesignating paragraph (a)(2)(x) as 

paragraph (a)(2)(xi) and adding a new 

paragraph (a)(2)(x) to read as follows: 

§ 163.1 Definitions. 

* * * 

(a) Records—* * * 

(2) Activities * * * 

(x) The maintenance of any 

documentation that the importer may 

have in support of a claim for 

preferential tariff treatment under the 

United States-Bahrain Free Trade 

Agreement (BFTA), including a BFTA 

importer’s declaration. 

* * * * * 

■ 12. The Appendix to Part 163 is 

amended by adding new listings under 

section IV in numerical order to read as 

follows: 

Appendix to Part 163—Interim (a)(1)(A) 

List 

* * * * * 

IV. * * * 

§ 10.805 BFTA records that the importer 

may have in support of a BFTA claim for 

preferential tariff treatment, including an 

importer’s declaration. 

§ 10.820 BFTA TPL certificate of eligibility. 

§ 10.821 BFTA TPL declaration. 

* * * * * 

PART 178—APPROVAL OF 

INFORMATION COLLECTION 

REQUIREMENTS 

■ 13. The authority citation for Part 178 

continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 

U.S.C. 3501 et seq. 

■ 14. Section 178.2 is amended by 

adding new listings ‘‘§§ 10.803,10.804, 

10.818, and 10.821’’ to the table in 

numerical order to read as follows: 

§ 178.2 Listing of OMB control numbers. 

19 CFR section Description OMB control 

No. 

* * * * * * * 

§§ 10.803,10.804,10.818, and 10.821 ..................... Claim for preferential tariff treatment under the U.S.-Bahrain Free Trade 

Agreement.

1651–0130 

* * * * * * * 

* * * * * 

W. Ralph Basham, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: October 9, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 07–5062 Filed 10–15–07; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–123] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier East, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier East Safety Zone in 

Chicago Harbor on October 15, 2007. 

This action is necessary to protect 

vessels and people from the hazards 

associated with fireworks displays. This 

safety zone will temporarily restrict 

vessel traffic from a portion of Chicago 

Harbor. 

DATES: The regulations in 33 CFR 

165.933 will be enforced from 8 p.m. to 

10 p.m. on October 15, 2007. 

FOR FURTHER INFORMATION CONTACT: 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747–

7154. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Navy Pier East 

Safety Zone in Chicago Harbor, Chicago, 


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