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###### Department of Homeland Security

###### Bureau of Customs and Border Protection 

          - [USCBP-2007-0083] 

# AGENCY:

Customs and Border Protection, Department of Homeland Security. 

# ACTION:

Proposed interpretation; extension of comment period. 

# SUMMARY:

                        This document provides an additional 30 days for interested parties to submit comments on Customs and Border Protection's proposed interpretation of the phrase “sold for exportation to the United States” for purposes of applying the transaction value method of valuation in a series of sales importation scenario. The proposed interpretation was published in the                         **Federal Register**                         on January 24, 2008, and the comment period was scheduled to expire on March 24, 2008.                     

# DATES:

Comments on the proposed rule must be received on or before April 23, 2008. 

# 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-2007-0083.                     
      -  Mail:                          Trade and Commercial Regulations Branch, Office of International Trade, Customs and Border Protection, 1300 Pennsylvania Ave., NW., (Mint Annex), Washington, DC 20229.                     

*Instructions:*                         All submissions received must include the agency name and document number for this proposed interpretive rule. All comments received will be posted without change to                         *http://www.regulations.gov*, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the                         **SUPPLEMENTARY INFORMATION**                         section of this document.                     

*Docket:*                         For access to the docket to read background documents or comments received, go to                         *http://www.regulations.gov.*                         Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, Office of International Trade, 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:

Lorrie Rodbart, Valuation and Special Programs Branch, Regulations and Rulings, Office of International Trade, (202) 572-8740. 

# SUPPLEMENTARY INFORMATION:

 

## Public Participation 

Interested persons are invited to submit written data, views, or arguments on all aspects of the proposed interpretation. If appropriate to a specific comment, the commenter should reference the specific portion of the proposed interpretation, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. 

## Background 

### Notice of Proposed Interpretation 

                    On January 24, 2008, a notice was published in the                     **Federal Register**                     (73 FR 4254) informing interested parties that Customs and Border Protection (CBP) proposed a new interpretation of the phrase “sold for exportation to the United States” for purposes of applying the transaction value method of valuation in a series of sales importation scenario. Under this proposal, in a transaction involving a series of sales, the price actually paid or payable for the imported goods when sold for exportation to the United States is the price paid in the last sale occurring prior to the introduction of the goods into the United States, instead of the first (or earlier) sale. As a result, transaction value will normally be determined on the basis of the price paid by the buyer in the United States. This proposed interpretation reflects the conclusions of the Technical Committee on Customs Valuation as set forth in Commentary 22.1, entitled “                    *Meaning of the Expression ‘Sold for Export to the Country of Importation’ in a Series of Sales*.”                 

                    The notice of proposed interpretation invited public comment on the                           ( print page 7316)                        proposal, and requested that comments be received on or before March 24, 2008.                 

### Extension of Comment Period 

In response to the proposed interpretation, CBP has received correspondence requesting an extension of the comment period. A decision has been made to grant an extension of 30 days. Comments are now due on or before April 23, 2008. 

Dated: February 1, 2008. 

Myles B. Harmon, 

Acting Executive Director, Regulations & Rulings, Office of International Trade.

[FR Doc. E8-2198 Filed 2-6-08; 8:45 am] 

BILLING CODE 9111-14-P