Express Consignments; Formal and Informal Entries of Merchandise; Administrative Exemptions

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 10, 101, 111, 123, 128, 141, 143, 145, 148, 159

[T.D. 94-71]

RIN 1515-AB53

Express Consignments; Formal and Informal Entries of Merchandise;

Administrative Exemptions

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Interim regulations; Notice of Effective Date.

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SUMMARY: This document gives notice that the interim regulations

regarding express consignments, formal and informal entries of

merchandise and administrative exemptions which were published in the

Federal Register on June 13, 1994, will become effective on August 23,

1994. A motion for a preliminary injunction which would have prevented

Customs from implementing and making effective these interim

regulations was denied by the United States Court of International

Trade on August 16, 1994. The temporary restraining order which was

issued on July 25, 1994, enjoining Customs from implementing and making

effective the interim regulations on its scheduled effective date of

July 28, 1994, pending the decision on the motion for the preliminary

injunction, has expired.

DATES: The effective date of the interim regulations published at 59 FR

30289 is August 23, 1994.

FOR FURTHER INFORMATION CONTACT: William G. Rosoff, Office of

Regulations and Rulings (202) 482-7040.

SUPPLEMENTARY INFORMATION:

On June 13, 1994, a document was published by U.S. Customs in the

Federal Register (59 FR 30289) as T.D. 94-51 setting forth interim

regulations implementing certain statutory amendments to the Customs

laws contained in the Customs modernization provisions of the North

American Free Trade Agreement Implementation Act and clarifying certain

procedures for low-value shipments brought into the U.S.

The document provided for a 45-day delayed effective date, with a

30-day comment period preceding that effective date. The effective date

was to become July 28, 1994, and comments were requested by July 13,

1994.

On July 25, 1994, the National Customs Brokers and Forwarders

Association of America, Inc. filed a motion for a temporary restraining

order with the United States Court Of International Trade (Court No:

94-07-00423). Pursuant to the motion, the temporary restraining order

was issued by the court; consequently, Customs was restrained and

enjoined from implementing and making effective the interim

regulations. A document was published in the Federal Register (59 FR

38548) on July 28, 1994, informing the public that the effective date

of the interim regulations was delayed.

A hearing on the motion for a preliminary injunction was held on

August 9, 1994. On August 16, 1994, the Court of International Trade

issued a decision (Slip. Op. 94-129) denying the motion and dismissing

the case. Consequently, the temporary restraining order has expired and

Customs is no longer restrained from making the interim regulations

published as T.D. 94-51 effective. This document is notice that the

interim regulations will become effective on August 23, 1994.

Customs will complete its ongoing analysis of all substantive

comments received in response to the request for comments in the

interim regulations before Customs issues final regulations on the

subject matter.

Dated: August 18, 1994.

Samuel H. Banks,

Assistant Commissioner, Office of Commercial Operations.

[FR Doc. 94-20648 Filed 8-18-94; 12:45 pm]

BILLING CODE 4820-02-P