[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Rules and Regulations]
[Pages 9643-9647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3360]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 10, 163 and 178

[T.D. 01-17]
RIN 1515-AC78


Duty-Free Treatment for Certain Beverages Made With Caribbean Rum

AGENCY: Customs Service, Department of the Treasury.

ACTION: Interim rule; solicitation of comments.

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SUMMARY: This document amends the Customs Regulations, on an interim 
basis, in order to implement a change made by the Trade and Development 
Act of 2000 to the Caribbean Basin Economic Recovery Act, also known as 
the Caribbean Basin Initiative (CBI), that enables certain liqueurs and 
spirituous beverages to obtain duty-free entry under specified 
conditions when the beverages are processed in the territory of Canada 
from rum that is the growth, product or manufacture either of a CBI 
beneficiary country or of the U.S. Virgin Islands. The interim 
regulations set forth the certification and supporting documentation 
requirements that are necessary to establish compliance with the 
statutory law, thereby ensuring that the rum beverages are properly 
entitled to duty-free entry under the CBI.

DATES: Interim rule effective on February 9, 2001. This interim rule is 
effective for all products entered or withdrawn from warehouse for 
consumption on or after February 9, 2001. Comments must be received on 
or before April 10, 2001.

ADDRESSES: Written comments may be addressed to and inspected at the 
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, 
NW., 3rd Floor, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Leon Hayward, Office of Field 
Operations, (202-927-9704).

SUPPLEMENTARY INFORMATION:

Background

    The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701-2707) 
(CBERA) establishes an economic recovery program for nations of the 
Caribbean and Central America. Under the CBERA, also referred to as the 
Caribbean Basin Initiative (CBI), the President is authorized to 
proclaim duty-free treatment for all eligible articles of a beneficiary 
country (19 U.S.C. 2701).
    A beneficiary country under the CBI refers to any country listed in 
19 U.S.C. 2702(b) with respect to which there is in effect a 
proclamation by the President designating the country as a beneficiary 
country for purposes of the CBI (19 U.S.C. 2702(a)(1)(A)). A rule of 
origin specifies under what conditions an article will be considered to 
be a product of a beneficiary country--in brief, the article must be 
wholly the growth, product or manufacture of a beneficiary country, or 
must be a new or different article of commerce that has been grown, 
produced, or manufactured in the beneficiary country (19 U.S.C. 
2703(a)).
    Sections 10.191 through 10.198b of the Customs Regulations (19 CFR 
10.191-10.198b) currently implement the duty-free aspects of the CBI.
    In pertinent part, in order to be entitled to duty-free treatment 
under the CBI, an article otherwise eligible for such treatment must be 
imported directly from a beneficiary country into the customs territory 
of the United States (19 U.S.C. 2703(a)(1)(A); 19 CFR 10.193).
    Accordingly, in the case of rum produced in a beneficiary country 
and then imported into Canada for processing into a rum beverage, the 
beverage would not be eligible for duty-free treatment under the CBI 
because it is not imported directly from a beneficiary country into the 
United States. At the same time, the beverage would also be ineligible 
for duty-free treatment under the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3301 et seq.) (NAFTA) because the 
processing it undergoes in Canada would not be sufficient to qualify it 
as a NAFTA originating good (19 U.S.C. 3332; General Note 12, 
Harmonized Tariff Schedule of the United States (HTSUS); 19 CFR 
181.131; and the appendix to 19 CFR part 181).

Beverages Made in Canada With Caribbean Rum; Amendment of CBERA by 
Trade and Development Act of 2000

    To address the foregoing circumstances, the Caribbean Basin 
Economic Recovery Act has now been further amended by section 212 of 
the Trade and Development Act of 2000 (Pub. L. 106-200, 114 Stat. 251, 
enacted on May 18, 2000) (Act). Section 212 of this Act adds a new 
paragraph (a)(6) to section 213(a) of the CBERA (19 U.S.C. 2703(a)(6)), 
in order to provide for duty-free entry under certain conditions for 
liqueurs and spirituous beverages that are produced in the territory of 
Canada from rum that is the growth, product, or manufacture either of a 
beneficiary country under the CBI or of the U.S. Virgin Islands.
    Specifically, under 19 U.S.C. 2703(a)(6), a liqueur or spirituous 
beverage that is imported directly into the Customs territory of the 
United States from the territory of Canada and that is classifiable 
under subheading 2208.90 or 2208.40, Harmonized Tariff Schedule of the 
United States (HTSUS), will be entitled to duty-free entry under the 
CBERA if such liqueur or beverage is produced in the territory of 
Canada from rum, provided that the rum: (1) Is the growth, product, or 
manufacture of a beneficiary country or of the U.S. Virgin Islands; (2) 
is imported directly into the territory of Canada from a beneficiary 
country or from the U.S. Virgin Islands; and (3) accounts for at least 
90 percent by volume of the

[[Page 9644]]

alcoholic content of the liqueur or spirituous beverage.
    In order to implement the provision allowing for duty-free 
admission for liqueurs and spirituous beverages produced in the 
territory of Canada from Caribbean rum, Customs is issuing an interim 
regulation (Sec. 10.199) which prescribes the certification and 
supporting documentary requirements and recordkeeping responsibilities 
that must be observed in order to afford duty-free admission for those 
beverages that properly qualify for such treatment, and to otherwise 
ensure compliance with the requirements of the statutory law.
    In this latter regard, the importer must be prepared to submit to 
the port director, if requested, documentary evidence that the liqueurs 
or rum beverages were imported into the U.S. directly from the 
territory of Canada. This evidence may include documents such as a bill 
of lading, invoice, air waybill, freight waybill, or cargo manifest. 
Likewise, the port director may require that the importer submit 
documentary evidence that the rum used in producing the liqueurs or 
spirituous beverages was imported directly into the territory of Canada 
from a beneficiary country or from the U.S. Virgin Islands. This 
evidence may include documents such as a Canadian customs entry, 
Canadian customs invoice, Canadian customs manifest, cargo manifest, 
bill of lading, landing certificate, airway bill, or freight waybill. 
In either case, any evidence of direct shipment, as described, may be 
subject to such verification as deemed necessary by the port director.
    In addition, the importer must be ready to present directly to the 
port director, if requested, a declaration prepared by the producer or 
manufacturer of the rum in the beneficiary country (or in the U.S. 
Virgin Islands, if applicable) that attests to the specific origin of 
the rum. Any records, including production records, supporting the 
declaration must likewise be available for submission to the port 
director, and the declaration and supporting records may be subject to 
any verification believed necessary by the port director.
    Moreover, the importer must be prepared to submit directly to the 
port director, if requested, a declaration prepared by the Canadian 
processor who produced the liqueur(s) or spirituous beverage(s) for 
which duty-free entry is claimed under section 213(a)(6) of the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(a)(6)). The 
declaration must affirm, among other things, that the processor 
received the rum from the exporter or owner in the CBI beneficiary 
country or the U.S. Virgin Islands, as applicable; and that the 
processor used the rum in producing the liqueurs or other spirituous 
beverages. Production records, for each lot of liqueur/beverage 
produced, must establish the quantity of rum qualifying under 19 U.S.C. 
2703(a)(6) that is used in producing the liqueur/beverage (non-
qualifying rum may not be substituted for use in producing the liqueurs 
or beverages); the alcoholic content by volume of the finished liqueur/
beverage; and the specific alcoholic content by volume of the processed 
liqueur/beverage that is attributable to the qualifying rum.
    The importer must be prepared to submit to the port director, if 
requested, the declaration and/or the underlying documentation, 
including any supporting documents and records, necessary for the 
preparation of the declaration, for a period of 5 years from the date 
of entry of the related liqueurs or spirituous beverages, as provided 
in Sec. 163.4(a), Customs Regulations (19 CFR 163.4(a)). If requested 
during this time, the importer must submit to the port director the 
declaration and/or any underlying documentation within 60 calendar days 
of the date of the request or any additional period as the port 
director may allow for good cause shown. The declaration and related 
documentation may be subject to such verification as the port director 
deems necessary.
    Also, the foregoing time periods apply to the retention and 
submission of documentary evidence concerning the origin of the rum, 
its direct shipment into the territory of Canada and the direct 
shipment of the corresponding finished liqueurs and spirituous 
beverages from Canada into the United States.
    Furthermore, the importer must establish and implement a system of 
internal controls which demonstrate that reasonable care was exercised 
in the claim for duty-free treatment under the CBI. These controls 
should include tests to assure the accuracy and availability of records 
that evidence: the origin of the rum; the direct shipment of the rum 
from a beneficiary country or from the U.S. Virgin Islands to Canada; 
the alcohol content of the finished liqueur/beverage imported from 
Canada; and the direct shipment of the finished liqueur/beverage from 
Canada to the United States.

Comments

    Before adopting this interim regulation as a final rule, 
consideration will be given to any written comments that are timely 
submitted to Customs. Customs specifically requests comments on the 
clarity of this interim rule and how it may be made easier to 
understand. Comments submitted will be available for public inspection 
in accordance with the Freedom of Information Act (5 U.S.C. 552), 
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
business days between the hours of 9:00 a.m. and 4:30 p.m. at the 
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, 
NW., 3rd Floor, Washington, DC.

Inapplicability of Notice and Delayed Effective Date Requirements, 
the Regulatory Flexibility Act, and Executive Order 12866

    Pursuant to the provisions of 5 U.S.C. 553(b)(B), Customs has 
determined that good cause exists for dispensing with prior public 
notice and comment procedures on these interim regulations. The interim 
regulations afford a preferential tariff benefit to the importing 
public; they reflect, and provide a necessary and reasonable means for 
enforcing, statutory requirements that are already in effect; and they 
closely parallel existing regulatory provisions that implement similar 
trade preference programs. Also, for these same reasons, there is no 
need for a delayed effective date under 5 U.S.C. 553(d). Because no 
notice of proposed rulemaking is required for interim regulations, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. Nor does this document meet the criteria for a ``significant 
regulatory action'' as specified in E.O. 12866.

Paperwork Reduction Act

    The collection of information involved in this interim rule has 
already been approved by the Office of Management and Budget (OMB) in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) 
and assigned OMB Control Number 1515-0194 (Documentation requirements 
for articles entered under various special tariff treatment 
provisions). This collection includes a claim for duty-free entry of 
eligible articles under the Caribbean Basin Initiative. This rule does 
not present any substantive changes to the existing approved 
information collection. An agency may not conduct or sponsor, and a 
person is not required to respond to, a collection of information 
unless the collection of information displays a valid control number 
assigned by OMB.

[[Page 9645]]

    Part 178, Customs Regulations (19 CFR part 178), containing the 
list of approved information collections, is revised to make reference 
to new Sec. 10.199.

List of Subjects

19 CFR PART 10

    Customs duties and inspection, Exports, Foreign relations, Imports, 
International traffic, Preference programs, Reporting and recordkeeping 
requirements, Shipments, Trade agreements (Caribbean Basin Initiative, 
Generalized System of Preferences, U.S.-Canada Free Trade Agreement, 
etc.).

19 CFR PART 163

    Administrative practice and procedure, Customs duties and 
inspection, Imports, Reporting and recordkeeping requirements.

19 CFR PART 178

    Administrative practice and procedure, Collections of information, 
Imports, Paperwork requirements, Reporting and recordkeeping 
requirements.

Amendments to the Regulations

    Accordingly, parts 10, 163 and 178, Customs Regulations (19 CFR 
parts 10, 163 and 178), are amended as set forth below.

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

    1. The general authority for part 10 is revised to read as follows, 
and the specific sectional authority for part 10 is amended by removing 
the sectional authority citation, ``sections 10.191 through 10.198b 
also issued under 19 U.S.C. 2701 et seq.'', and by adding a new 
sectional authority citation in its place to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 22, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484, 
1498, 1508, 1623, 1624, 3314.
* * * * *
    Sections 10.191 through 10.199 also issued under 19 U.S.C. 2701 et 
seq.;
* * * * *

    2. In Sec. 10.191:
    a. Paragraph (b)(1) is amended by removing the reference 
``Sec. 10.198b'' and by adding, in its place, the reference 
``Sec. 10.199'';
    b. Paragraph (b)(3) is amended by removing the reference 
``Sec. 10.198a'' and by adding, in its place, the reference 
``Sec. 10.199''; and
    c. Paragraph (b)(4) is amended by removing the reference 
``Sec. 10.198b'' and by adding, in its place, the reference 
``Sec. 10.199''.

    3. Part 10 is amended by adding a new Sec. 10.199 under the heading 
entitled ``CARIBBEAN BASIN INITIATIVE'' to read as follows:


Sec. 10. 199  Duty-free entry for certain beverages produced in Canada 
from Caribbean rum.

    (a) General. A liqueur or other spirituous beverage that is 
imported directly from the territory of Canada and that is classifiable 
under subheading 2208.40 or 2208.90, Harmonized Tariff Schedule of the 
United States (HTSUS), will be entitled, upon entry or withdrawal from 
warehouse for consumption, to duty-free treatment under section 
213(a)(6) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 
2703(a)(6)), also known as the Caribbean Basin Initiative (CBI), if the 
liqueur or spirituous beverage has been produced in the territory of 
Canada from rum, provided that the rum:
    (1) Is the growth, product, or manufacture either of a beneficiary 
country or of the U.S. Virgin Islands;
    (2) Was imported directly into the territory of Canada from a 
beneficiary country or from the U.S. Virgin Islands; and
    (3) Accounts for at least 90 percent of the alcoholic content by 
volume of the liqueur or spirituous beverage.
    (b) Claim for exemption from duty under CBI. A claim for an 
exemption from duty for a liqueur or spirituous beverage under section 
213(a)(6) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 
2703(a)(6)) may be made by entering such liqueur or beverage under 
subheading 9817.22.05, HTSUS, on the entry summary document or its 
electronic equivalent. In order to claim the exemption, the importer 
must have the records described in paragraphs (d), (e), (f) and (g) of 
this section so that, upon Customs request, the importer can establish 
that:
    (1) The rum used to produce the liqueur/beverage is the growth, 
product or manufacture either of a beneficiary country or of the U.S. 
Virgin Islands;
    (2) The rum was shipped directly from a beneficiary country or from 
the U.S. Virgin Islands to Canada;
    (3) The liqueur/beverage was produced in Canada;
    (4) The rum accounts for at least 90% of the alcohol content of the 
liqueur/beverage; and
    (5) The liqueur/beverage was shipped directly from Canada to the 
United States.
    (c) Imported directly. For liqueur or other spirituous beverage 
imported from Canada to qualify for duty-free entry under the CBI, the 
liqueur or spirituous beverage must be imported directly into the 
customs territory of the United States from Canada; and the rum used in 
its production must have been imported directly into the territory of 
Canada either from a beneficiary country or from the U.S. Virgin 
Islands.
    (1) ``Imported directly'' into the customs territory of the United 
States from Canada means:
    (i) Direct shipment from the territory of Canada to the U.S. 
without passing through the territory of any other country; or
    (ii) If the shipment is from the territory of Canada to the U.S. 
through the territory of any other country, the liqueurs and spirituous 
beverages do not enter into the commerce of any other country while en 
route to the U.S.; or
    (iii) If the shipment is from the territory of Canada to the U.S. 
through the territory of another country, and the invoices and other 
documents do not show the U.S. as the final destination, the liqueurs 
and spirituous beverages in the shipment are imported directly only if 
they:
    (A) Remained under the control of the customs authority of the 
intermediate country;
    (B) Did not enter into the commerce of the intermediate country 
except for the purpose of sale other than at retail, and the port 
director is satisfied that the importation results from the original 
commercial transaction between the importer and the producer or the 
latter's sales agent; and
    (C) Were not subjected to operations other than loading and 
unloading, and other activities necessary to preserve the products in 
good condition.
    (2) ``Imported directly'' from a beneficiary country or from the 
U.S. Virgin Islands into the territory of Canada means:
    (i) Direct shipment from a beneficiary country or from the U.S. 
Virgin Islands into the territory of Canada without passing through the 
territory of any non-beneficiary country; or
    (ii) If the shipment is from a beneficiary country or from the U.S. 
Virgin Islands into the territory of Canada through the territory of 
any non-beneficiary country, the rum does not enter into the commerce 
of any non-beneficiary country while en route to Canada; or
    (iii) If the shipment is from a beneficiary country or from the 
U.S. Virgin Islands into the territory of Canada through the territory 
of any non-beneficiary country, the rum in the shipment is imported 
directly into the territory of Canada only if it:

[[Page 9646]]

    (A) Remained under the control of the customs authority of the 
intermediate country;
    (B) Did not enter into the commerce of the intermediate country 
except for the purpose of sale other than at retail; and
    (C) Was not subjected to operations in the intermediate country 
other than loading and unloading, and other activities necessary to 
preserve the product in good condition.
    (d) Evidence of direct shipment.
    (1) Liqueurs or spirituous beverages imported from Canada. The 
importer must be prepared to provide to the port director, if 
requested, documentary evidence that the liqueurs or spirituous 
beverages were imported directly from the territory of Canada, as 
described in paragraph (c)(1) of this section. This evidence may 
include documents such as a bill of lading, invoice, air waybill, 
freight waybill, or cargo manifest. Any evidence of the direct shipment 
of these liqueurs or spirituous beverages from Canada into the U.S. may 
be subject to such verification as deemed necessary by the port 
director.
    (2) Rum imported into Canada from beneficiary country or U.S. 
Virgin Islands. The importer must be prepared to provide to the port 
director, if requested, evidence that the rum used in producing the 
liqueurs or spirituous beverages was imported directly into the 
territory of Canada from a beneficiary country or from the U.S. Virgin 
Islands, as described in paragraph (c)(2) of this section. This 
evidence may include documents such as a Canadian customs entry, 
Canadian customs invoice, Canadian customs manifest, cargo manifest, 
bill of lading, landing certificate, airway bill, or freight waybill. 
Any evidence of the direct shipment of the rum from a beneficiary 
country or from the U.S. Virgin Islands into the territory of Canada 
for use there in producing the liqueurs or other spirituous beverages 
may be subject to such verification as deemed necessary by the port 
director.
    (e) Origin of rum used in production of liqueur or spirituous 
beverage. 
    (1) Origin criteria. In order for a liqueur or spirituous beverage 
covered by this section to be entitled to duty-free entry under the 
CBI, the rum used in producing the liqueur or spirituous beverage in 
the territory of Canada must be wholly the growth, product, or 
manufacture either of a beneficiary country under the CBI or of the 
U.S. Virgin Islands, or must constitute a new or different article of 
commerce that was produced or manufactured in a beneficiary country or 
in the U.S. Virgin Islands. Such rum will not be considered to have 
been grown, produced, or manufactured in a beneficiary country or in 
the U.S. Virgin Islands by virtue of having merely undergone blending, 
combining or packaging operations, or mere dilution with water or mere 
dilution with another substance that does not materially alter the 
characteristics of the product.
    (2) Evidence of origin of rum.--(i) Declaration. The importer must 
be prepared to submit directly to the port director, if requested, a 
declaration prepared and signed by the person who produced or 
manufactured the rum, affirming that the rum is the growth, product or 
manufacture of a beneficiary country or of the U.S. Virgin Islands. 
While no particular form is prescribed for the declaration, it must 
include all pertinent information concerning the processing operations 
by which the rum was produced or manufactured, the address of the 
producer or manufacturer, the title of the party signing the 
declaration, and the date it is signed.
    (ii) Records supporting declaration. The supporting records, 
including those production records, that are necessary for the 
preparation of the declaration must also be available for submission to 
the port director if requested. The declaration and any supporting 
evidence as to the origin of the rum may be subject to such 
verification as deemed necessary by the port director.
    (f) Canadian processor declaration; supporting documentation.--(1) 
Canadian processor declaration. The importer must be prepared to submit 
directly to the port director, if requested, a declaration prepared by 
the person who produced the liqueur(s) and/or the spirituous 
beverage(s) in Canada, setting forth all pertinent information 
concerning the production of the liqueurs/beverages. The declaration 
will be in substantially the following form:
    I, ______ declare that the liqueurs and/or spirituous beverages 
here specified are the products that were produced by me (us), as 
described below, with the use of rum that was received by me (us); that 
the rum used in producing the liqueurs/beverages was received by me 
(us) on ______ (date), from ______ (name and address of owner or 
exporter in the beneficiary country or in the U.S. Virgin Islands, as 
applicable); and that such rum accounts for at least 90 percent of the 
alcoholic content by volume, as shown below, of each liqueur or 
spirituous beverage so produced.

------------------------------------------------------------------------
                                                       Alcoholic content
                                    Description of       of products;
        Marks and numbers           products and of    alcoholic content
                                      processing       (%) attributable
                                                          to rum \1\
------------------------------------------------------------------------
  ..............................    ................
  ..............................    ................
  ..............................    ................
  ..............................    ................
  ..............................    ................
------------------------------------------------------------------------
\1\ The production records must establish, for each lot of liqueur/
  beverage produced, the quantity of rum the growth, product or
  manufacture of a CBI beneficiary country or of the U.S. Virgin Islands
  under 19 U.S.C. 2703(a)(6) that is used in producing the finished
  liqueur/beverage; the alcoholic content by volume of the finished
  liqueur/beverage; and the alcoholic content by volume of the finished
  liqueur/beverage, expressed as a percentage, that is attributable to
  the qualifying rum. If rum from two or more qualifying sources (e.g.,
  rum the growth, product or manufacture of a CBI beneficiary country or
  of the U.S. Virgin Islands and other rum the growth, product or
  manufacture of another CBI country) are used in processing the liqueur/
  beverage, the alcoholic content requirement may be met by aggregating
  the alcoholic content of the finished liqueur/beverage that is
  attributable to rum from each of the qualifying sources used in
  processing the finished liqueur/beverage, as reflected in the
  production records.

Date------------------------------------------------------------------
Address---------------------------------------------------------------
Signature-------------------------------------------------------------
Title-----------------------------------------------------------------

    (2) Availability of supporting documents. The information, 
including any supporting documents and records, necessary for the 
preparation of the declaration, as described in paragraph (f)(1) of 
this section, must be available for submission to the port director, if 
requested. The declaration and any supporting evidence may be subject 
to such verification as deemed necessary by the port director. The 
specific documentary evidence necessary to support the declaration 
consists of those documents and records which satisfactorily establish:
    (i) The receipt of the rum by the Canadian processor, including the 
date of receipt and the name and address of the party from whom the rum 
was received (the owner or exporter in the beneficiary country or the 
U.S. Virgin Islands); and
    (ii) For each lot of liqueur/beverage produced and included in the 
declaration, the specific identification of the production lot(s) 
involved; the quantity of qualifying rum that is used in producing the 
finished liqueur/beverage, including a description of the processing 
and of the finished products; the alcoholic content by volume of the 
finished liqueur/beverage; and the alcoholic content by volume of the 
finished liqueur/beverage, expressed as

[[Page 9647]]

a percentage, that is attributable to the qualifying rum.
    (g) Importer system for review of necessary recordkeeping. The 
importer will establish and implement a system of internal controls 
which demonstrate that reasonable care was exercised in its claim for 
duty-free treatment under the CBI. These controls should include tests 
to assure the accuracy and availability of records that establish:
    (1) The origin of the rum;
    (2) The direct shipment of the rum from a beneficiary country or 
from the U.S. Virgin Islands to Canada;
    (3) The alcohol content of the finished liqueur/beverage imported 
from Canada; and
    (4) The direct shipment of the finished liqueur/beverage from 
Canada to the United States.
    (h) Submission of documents to Customs. The importer must be 
prepared to submit directly to the port director, if requested, those 
documents and/or supporting records as described in paragraphs (d), (e) 
and (f) of this section, for a period of 5 years from the date of entry 
of the related liqueurs and spirituous beverages under section 
213(a)(6) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 
2703(a)(6)), as provided in Sec. 163.4(a) of this chapter. If 
requested, the importer must submit such documents and/or supporting 
records to the port director within 60 calendar days of the date of the 
request or such additional period as the port director may allow for 
good cause shown.

PART 163--RECORDKEEPING

    1. 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.

    2. The Appendix to part 163 is amended by adding the following new 
listing under section IV in appropriate numerical order to read as 
follows:

Appendix to Part 163--Interim (a)(1)(A) List

* * * * *

IV. * * *

Sec. 10.199  Documents, etc. required for duty-free entry of 
liqueurs and/or spirituous beverages produced in Canada from CBI 
rum, declaration of Canadian processor (plus supporting information.
* * * * *

PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS

    1. 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.

    2. Section 178.2 is amended by adding the following in appropriate 
numerical sequence according to the section number under the columns 
indicated:


Sec. 178.2  Listing of OMB control numbers.

------------------------------------------------------------------------
                                                            OMB control
         19 CFR Section                Description              No.
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
Sec.  10.199...................  Claim for duty-free           1515-0194
                                  entry of rum beverages
                                  from Canada under the
                                  Caribbean Basin
                                  Initiative.
 
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------


Raymond W. Kelly,
Commissioner of Customs.
    Approved: February 5, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-3360 Filed 2-8-01; 8:45 am]
BILLING CODE 4820-02-U