Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,584
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69584 Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Rules and Regulations
Regulations to remedy those
DATES: The final rule is effective
November 15, 2010.
FOR FURTHER INFORMATION CONTACT:
Robert Shervette, Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
It is the policy of Customs and Border
Protection (CBP) to periodically review
title 19 of the Code of Federal
Regulations (19 CFR) to ensure that it is
accurate and up-to-date so that the
importing and general public is aware of
CBP programs, requirements, and
procedures regarding import-related
activities. As part of this review policy,
CBP has determined that certain
corrections to 19 CFR parts 4 and 10 are
Discussion of Changes
Sections 4.2, 4.3, 4.9, and 4.60 of the
CBP regulations (19 CFR 4.2, 4.3, 4.9,
and 4.60) govern the arrival, entry, and
clearance of vessels. Currently, these
regulatory provisions require, in part,
that U.S. vessels carrying bonded
merchandise must report their arrival,
make formal entry, and obtain formal
clearance, when arriving or departing a
port or place within the United States.
These regulatory provisions are not in
conformance with their respective
controlling statutes. Sections 1452(a)(1),
(2), and (3) of the Tariff Suspension and
Trade Act of 2000 ("Trade Act") (Pub. L.
106-476, 114 Stat. 2167 (2000))
amended 19 U.S.C. 1433(a)(1)(C), 19
U.S.C. 1434(a)(3), and 46 U.S.C.
60105(a)(2) 1 to exempt arriving and
departing vessels of the United States
that are carrying bonded merchandise
from these arrival, entry, and clearance
requirements. Accordingly, this
document makes conforming changes to
4.2(a), 4.3(a)(3), 4.9(b), and 4.60(a)(3)
to reflect these statutory amendments.
Section 10.121 of the CBP regulations
(19 CFR 10.121) governs CBP's role in
administering the duty-free importation
of qualifying visual and auditory
materials under the "Agreement for
Facilitating the International Circulation
of Visual and Auditory Materials of an
Educational, Scientific, and Cultural
I The Trade Act amended 46 U.S.C. App. 91.
However, 46 U.S.C. App. 91 was recodified to 46
U.S.C. 60105 by statute (Pub. L. 109-304, 120 Stat.
1675 (Oct. 9, 2006)).
Character" made at Beirut, Lebanon in
1948 (also referred to as the "Beirut
Agreement of 1948") (Pub. L. 89-634, 80
Stat. 879 (October 8, 1966)). Executive
Order 11311, 31 FR 13413 (Oct. 18,
1966), implemented the United States'
obligations under the Agreement and
designated the United States
Information Agency (USIA) to carry out
its provisions. The USIA was abolished
in 1999 by the Foreign Affairs Reform
and Restructuring Act of 1998 (Pub. L.
105-277, 112 Stat. 2681-776 (1998)),
and its functions transferred to the U.S.
Department of State. This document
amends 19 CFR 10.121 to reflect this
This document also amends
10.121(a) to reflect the changes made
to subheading 9817.00.40 of the
Harmonized Tariff Schedule of the
United States (HTSUS), and to the U.S.
Notes in Subchapter XVII, Chapter 98,
HTSUS. Subheading 9817.00.40,
HTSUS, permits duty-free treatment for
certain articles that are determined to be
visual or auditory materials of an
educational, scientific, or cultural
character within the meaning of Article
I of the Agreement. The U.S. Notes to
Subchapter XVII were changed by
Presidential Proclamation. See
Proclamation No. 5978, 54 FR 21187
(May 17, 1989). The note related to the
Agreement for subheading 9817.00.40,
HTSUS, was changed from "note 1" to
"note 1(a)(i)". Section 10.121(a)
currently references "U.S. Note 1,"
which is amended to reference "U.S.
In addition, this document amends
10.121(b) to remove the word "shall"
in the first, second and last sentences
and to replace it with the word "will" in
order to conform this regulation with
the plain English mandate. Lastly, the
word "immediately" is deleted from the
last sentence because the use of this
term conflicts with the phrase "in the
ordinary course" as a consumption entry
would liquidate on a set schedule and
not immediately as the sentence
This document also makes non-
substantive amendments to 19 CFR to
reflect the nomenclature changes made
necessary by the transfer of the legacy
U.S. Customs Service of the Department
of the Treasury to the Department of
Homeland Security (DHS) and DHS's
subsequent renaming of the agency as
U.S. Customs and Border Protection on
March 31, 2007 (see 72 FR 20131 (April
Inapplicability of Notice and Delayed
Because the technical corrections set
forth in this document merely conform
to existing law and regulation, CBP
finds that good cause exists for
dispensing with notice and public
procedure as unnecessary under 5
U.S.C. 553(b)(B). For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP
finds that good cause exists for
dispensing with the requirement for a
delayed effective date.
Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
Executive Order 12866
These amendments do not meet the
criteria for a "significant regulatory
action" as specified in Executive Order
This document is limited to technical
corrections of the CBP regulations.
Accordingly, it is being signed under
the authority of 19 CFR 0.1(b)(1).
List of Subjects
19 CFR Part 4
Administrative practice and
procedure, Arrival, Bonds, Cargo
vessels, Customs duties and inspection,
Entry, Imports, Merchandise, Reporting
and recordkeeping requirements,
19 CFR Part 10
Customs duties and inspection, Entry,
Imports, Preference programs, Reporting
and recordkeeping requirements, Trade
Amendments to the Regulations
For the reasons set forth above, parts
4 and 10 of the CBP regulations (19 CFR
parts 4 and 10) are amended as set forth
PART 4-VESSELS IN FOREIGN AND
a 1. The general and specific authority
citations for part 4 continue to read as
Authority: 5. U.S.C. 301; 19 U.S.C. 66,
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C.
* * * * *
Section 4.2 also issued under 19 U.S.C.
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52800/m1/22/?rotate=270: accessed May 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.