Addition of Tuvalu to the List of Nations Entitled to Special Tonnage Tax Exemption

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 4

[T.D. 94-20]

Addition of Tuvalu to the List of Nations Entitled to Special

Tonnage Tax Exemption

AGENCY: United States Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: Pursuant to information provided by the Department of State,

the Customs Service has found that Tuvalu does not impose

discriminating duties of tonnage or imposts upon vessels belonging to

citizens of the United States, or upon the produce, manufactures, or

merchandise imported in the same from the United States or from any

foreign country. Accordingly, vessels of Tuvalu are exempt from special

tonnage taxes and light money in ports of the United States. This

document amends the Customs Regulations by adding Tuvalu to the list of

nations whose vessels are exempt from the payment of any higher tonnage

duties than are applicable to vessels of the United States and from the

payment of light money.

DATES: Effective Date: This amendment to the Custom Regulations is

effective March 15, 1994.

Applicability date: The reciprocal privileges for vessels registered in

Tuvalu were applicable as of January 1, 1993.

FOR FURTHER INFORMATION CONTACT: Barbara Whiting, Carriers Rulings

Branch, 202-482-6940.

SUPPLEMENTARY INFORMATION:

Background

Generally, the United States imposes regular and special tonnage

taxes, and a duty of a specified amount per ton, called ``light

money,'' on all foreign vessels which enter United States ports (46

U.S.C. app. 121, 128). However, vessels of a foreign nation may be

exempted from the payment of special tonnage taxes and light money upon

presentation of satisfactory proof that no discriminatory duties of

tonnage or impost are imposed by that foreign nation on U.S. vessels or

their cargoes (46 U.S.C. app. 141).

Section 4.22, Customs Regulations (19 CFR 4.22), lists those

nations whose vessels have been found to be exempt from the payment of

any higher tonnage duties than are applicable to vessels of the United

States and from the payment of light money. The authority to amend this

section of the Customs Regulations has been delegated to the Chief,

Regulations Branch.

Finding

On the basis of information received from the Department of State

regarding the absence of discriminatory duties of tonnage or impost

imposed on U.S. vessels in the ports of Tuvalu, the Customs Service has

determined that the vessels of Tuvalu are exempt from the payment of

the special tonnage tax and light money, effective January 1, 1993, and

that the Customs Regulations should be amended accordingly.

Regulatory Flexibility Act and Executive Order 12866

Because this amendment merely implements a statutory requirement

and confers a benefit upon the public, pursuant to 5 U.S.C. 553(b)(B),

notice and public procedure requirements thereof are unnecessary;

further, for the same reasons, good cause exists for dispensing with a

delayed effective date under 5 U.S.C. 553(d) (1) and (3). Since 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 et seq.). This amendment does not meet

the criteria for a significant regulatory action under Executive Order

(E.O.) 12866.

Drafting Information

The principal author of this document was Janet Johnson,

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 4

Customs duties and inspections, Cargo vessels, Maritime carriers,

Vessels.

Amendment to the Regulations

Accordingly, part 4, Customs Regulations (19 CFR part 4), is

amended as set forth below:

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

1. The authority for part 4 continues to read, in part, as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1431, 1433, 1434, 1624;

46 U.S.C. App. 3, 91;

* * * * *

Section 4.22 also issued under 46 U.S.C. app. 121, 128, 141.

* * * * *

Sec. 4.22 [Amended]

2. Section 4.22 is amended by inserting ``Tuvalu'' in appropriate

alphabetical order.

Dated: March 7, 1994.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 94-5820 Filed 3-14-94; 8:45 am]

BILLING CODE 4820-02-P