Technical Amendments to the Customs Regulations

[[Page 18347]]

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 11, 12, 18, 19, 24, 54, 101, 102, 111, 114, 123,

128, 132, 134, 141, 145, 146, 148, 151, 152, 177, 181, and 191

[T.D. 95-29]

Technical Amendments to the Customs Regulations

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs Regulations by making certain

technical corrections to various authority citations to reflect

amendments to the Harmonized Tariff Schedule of the United States made

by the North American Free Trade Agreement (NAFTA) and the Uruguay

Round of the General Agreement on Tariffs and Trade (GATT).

EFFECTIVE DATE: April 11, 1995.

FOR FURTHER INFORMATION CONTACT: Gregory R. Vilders, Attorney,

Regulations Branch (202) 482-6930.

SUPPLEMENTARY INFORMATION:

Background

At present, due to certain amendments to the Harmonized Tariff

Schedule of the United States (HTSUS) that resulted in many of the

General Notes of the HTSUS being renumbered, many authority citations

in the Customs Regulations that reference certain General Note

provisions are no longer accurate.

In 1994, when the HTSUS was amended to incorporate changes made by

the North American Free Trade Agreement (NAFTA) (see Presidential

Proclamation 6641 of December 15, 1993, published in the Federal

Register on December 20, 1993 (58 FR 66867, 67032)), General Notes 4

through 9 were redesignated as General Notes 13 through 18,

respectively, and new General Notes 4 through 12 were added. This

addition of nine new General Notes caused the General Note numbering

scheme to change. In 1995, when the HTSUS was again amended to

incorporate changes necessitated by provisions of the Uruguay Round of

the General Agreement on Tariffs and Trade (GATT) (see Presidential

Proclamation 6763 of December 23, 1994, published in the Federal

Register on January 4, 1995 (60 FR 1007, 1018)), the General Notes were

modified by renumbering General Notes 13 through 18 as General Notes 16

through 21, respectively, and inserting new General Notes 13 through

15. The addition of three more General Notes again caused the General

Note numbering scheme to change.

For example, one of the authorities for many Customs Regulations,

as detailed below, is the General Note which provides that the

Secretary of the Treasury is authorized to issue rules and regulations

governing the admission of articles under the provisions of the tariff

schedule. This General Note was initially designated as General Note 8

when the Harmonized Tariff Schedule was adopted in 1989, became General

Note 17 in 1994, and, in 1995, is now designated as General Note 20.

Customs also cites as authority for many sections detailed below

the General Note which provides that the Secretary of the Treasury is

authorized to prescribe methods of ascertainment whenever he finds that

such methods are necessary for purposes of any law administered by the

Customs Service. This General Note was initially designated as General

Note 9 when the Harmonized Tariff Schedule was adopted in 1989, became

General Note 18 in 1994, and, in 1995, is now designated as General

Note 21.

This document updates and corrects those references in the Customs

Regulations to the HTSUS General Notes.

Discussion of Changes

Part 7

The authority citation for Part 7 references General Note 8 of the

HTSUS. Since this General Note is now designated as General Note 20, as

discussed above, the reference is revised accordingly.

Part 11

The authority citation for Part 11 references General Note 9 of the

HTSUS. Since this General Note is now designated as General Note 21, as

discussed above, the reference is revised accordingly.

Part 12

The general authority citation for Part 12 references General Note

17 of the HTSUS. Since this General Note is now designated as General

Note 20, the reference is revised accordingly.

Parts 18, 19, and 24

The general authority citation for Parts 18 and 19 reference

General Note 8 of the HTSUS, and the general authority citation for

Part 24 references General Note 17 of the HTSUS, both provisions in

different editions of the HTSUS providing for the regulations authority

notes discussed above. For the reasons given above, these references

are revised to read General Note 20. Also, Sec. 24.23(c)(1)(v)

references General Note 4 of the HTSUS, which deals with exemptions.

Since this General Note is now designated as General Note 16, the

reference is revised accordingly.

Parts 54, 101, 102, 111, 114, 123, 128, 132, and 134

The authority citations for Parts 54, 101, 102, 111, 114, 123, 128,

132, and 134 reference General Note 8 of the HTSUS. For the reason

given above, these references are revised to reference General Note 20.

Part 141

Section 141.4(a) of Part 141 references General Note 4 of the

HTSUS. For the reason given above, this reference is revised to

reference General Note 16.

Parts 145, 146, 148, and 151

The authority citations for Parts 145, 146, 148, and 151 reference

General Note 8 of the HTSUS. For the reason given above, these

references are revised to reference General Note 20. Also in Part 151,

the authority citation references General Note 9 of the HTSUS. For the

reason given above, this reference is revised to reference General Note

21.

Part 152

The specific authority citation for subpart D of Part 152 and

several provisions of Sec. 152.13 reference General Note 5 of the

HTSUS, which dealt with the commingling of goods. Since this General

Note is now designated as General Note 17, the reference is revised

accordingly.

Parts 177, 181, and 191

The general authority citations for Parts 177, 181, and 191

reference General Note 17 of the HTSUS. For the reason given above,

these references are revised to reference General Note 20.

Inapplicability of Public Notice and Comment Requirements, Delayed

Effective Date Requirements, the Regulatory Flexibility Act, and

Executive Order 12866

Inasmuch as these amendments merely correct certain referencing

errors in the Customs Regulations, pursuant to 5 U.S.C. 553(a)(2) and

(b)(B), good cause exists for dispensing with notice and public

procedure thereon as unnecessary. For the same reason, good cause

exists for dispensing with the requirement for a delayed effective

date, under 5 U.S.C. 553(a)(2) and (d)(3). Since this document is not

subject to the notice and public procedure [[Page 18348]] requirements

of 5 U.S.C. 553, it is not subject to 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'' as specified in

E.O. 12866.

Drafting Information

The principal author of this document was Gregory R. Vilders,

Attorney, Office of Regulations and Rulings, Regulations Branch.

Amendments to the Regulations

The authority citations to those parts of chapter 1 of the Customs

Regulations (19 CFR chapter 1) listed below are amended as set forth

below:

PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO

BAY NAVAL STATION

1. The authority citation for Part 7 is revised to read as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1623, 1624; 48 U.S.C.

1406i.

PART 11--PACKING AND STAMPING; MARKING

1. The authority citation for Part 11 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 21,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

PART 12--SPECIAL CLASSES OF MERCHANDISE

1. The general authority citation for Part 12 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *

PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT

1. The general authority citation for Part 18 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1551, 1552,

1553, 1624;

* * * * *

PART 19--CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF

MERCHANDISE THEREIN

1. The general authority citation for Part 19 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

1. The general authority citation for Part 24 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 261, 267, 1202

(General Note 20, Harmonized Tariff Schedule of the United States

(HTSUS)), 1450, 1624; 31 U.S.C. 9701, unless otherwise noted.

* * * * *

Sec. 24.23 [Amended]

2. In Sec. 24.23, the reference in paragraph (c)(1)(v) to ``General

Note 4'' is revised to read ``General Note 16''.

PART 54--CERTAIN IMPORTATIONS TEMPORARILY FREE OF DUTY

1. The authority citation for Part 54 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Section XV, Note

5, Harmonized Tariff Schedule of the United States (HTSUS)), 1623,

1624.

PART 101--GENERAL PROVISIONS

1. The authority citation for Part 101 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note

20, Harmonized Tariff Schedule of the United States (HTSUS)), 1623,

1624.

PART 102--RULES OF ORIGIN

1. The authority citation for Part 102 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1624, and the North

American Free Trade Agreement Implementation Act, Pub.L. 103-182,

107 Stat. 2057.

PART 111--CUSTOMS BROKERS

1. The general authority citation for Part 111 is revised to read

as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1624, 1641;

* * * * *

PART 114--CARNETS

1. The authority citation for Part 114 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1623, 1624.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

1. The general authority citation for Part 123 is revised to read

as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1624;

* * * * *

PART 128--EXPRESS CONSIGNMENTS

1. The authority citation for Part 128 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1321, 1484, 1498,

1551, 1555, 1556, 1565, 1624.

PART 132--QUOTAS

1. The authority citation for Part 132 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1623, 1624.

PART 134--COUNTRY OF ORIGIN MARKING

1. The authority citation for Part 134 is revised to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1304,

1624.

PART 141--ENTRY OF MERCHANDISE

1. The general authority citation for Part 141 continues to read as

follows:

Authority: 19 U.S.C. 66, 1448, 1484, 1624;

* * * * *

Sec. 141.4 [Amended]

2. In Sec. 141.4, the reference in paragraph (a) to ``General Note

4'' is revised to read ``General Note 16''.

PART 145--MAIL IMPORTATIONS

1. The general authority citation for Part 145 is revised to read

as follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *

PART 146--FOREIGN TRADE ZONES

1. The general authority citation for Part 146 is revised to read

as follows:

Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1623,

1624;

* * * * * [[Page 18349]]

PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS

1. The general authority citation for Part 148 is revised to read

as follows:

Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of

this part, except for subpart C, are also issued under 19 U.S.C.

1202 (General Note 20, Harmonized Tariff Schedule of the United

States (HTSUS));

* * * * *

PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE

1. The general authority citation for Part 151 is revised to read

as follows:

Authority: 19 U.S.C. 66, 1202 (General Notes 20 and 21,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

Subpart A also issued under 19 U.S.C. 1499. * * *

* * * * *

PART 152--CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE

1. The general authority citation for Part 152 is unchanged, but

the specific authority for subpart D and for Secs. 152.13 and 152.24

are revised, to read as follows:

Authority: 19 U.S.C. 66, 1401a, 1500, 1502, 1624;

* * * * *

Subpart D also issued under 19 U.S.C. 1202 (General Note 17,

Harmonized Tariff Schedule of the United States (HTSUS));

* * * * *

Sections 152.13 and 152.24 also issued under 19 U.S.C. 1202

(General Note 17, Harmonized Tariff Schedule of the United States

(HTSUS)).

Sec. 152.13 [Amended]

2. In Sec. 152.13, the reference in paragraphs (b)(1), (b)(2), (c)

introductory text, (c)(1), (c)(2), (c)(3), and (d) to ``General Note

5'' is revised to read ``General Note 17''.

PART 177--ADMINISTRATIVE RULINGS

1. The general authority citation for Part 177 is revised to read

as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

1. The authority citation for Part 181 is revised to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized

Tariff Schedule of the United States (HTSUS)), 1624, and the North

American Free Trade Agreement Implementation Act, Pub. L. 103-182,

107 Stat. 2057.

PART 191--DRAWBACK

1. The general authority citation for Part 191 is revised to read

as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,

Harmonized Tariff Schedule of the United States (HTSUS)), 1313,

1624;

* * * * *

Dated: April 4, 1995.

Stuart P. Seidel,

Assistant Commissioner, Office of Regulations and Rulings.

[FR Doc. 95-8745 Filed 4-10-95; 8:45 am]

BILLING CODE 4820-02-P