Removal of Toshiba Sanction Regulations

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 12 and 178

[T.D. 96-46]

RIN 1515-AB96

Removal of Toshiba Sanction Regulations

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations by removing the

regulatory provisions that implemented the import sanctions against all

products produced by the Toshiba Machine Company and the Kongsberg

Trading Company. The ``Toshiba Sanctions'' were imposed by Executive

Order No. 12661 for a three year time period, which expired on December

28, 1991.

EFFECTIVE DATE: June 5, 1996.

.FOR FURTHER INFORMATION CONTACT: Louis Alfano, Office of Field

Operations, Trade Compliance, Commercial Enforcement, (202) 927-0005.

SUPPLEMENTARY INFORMATION:

Background

As part of Customs continuing effort to ensure that its regulations

are informative and up-to-date, Customs has determined that four of its

regulatory provisions in Part 12 of the Customs Regulations (19 CFR

Part 12) are obsolete and should be removed. The regulatory sections

are found at 19 CFR 12.140-143, Customs Regulations, and were

promulgated to implement the import sanctions mandated by section

2443(a)(2) of the Omnibus Trade and Competitiveness Act of 1988 (Pub.L.

100-418, 102 Stat. 1107, 1365, 50 U.S.C. App. 2410a note) and imposed

by Executive Order No. 12661 of December 27, 1988 (53 FR 779, 3 CFR

part 1988 Comp. p. 618, 24 Weekly Comp.Pres.Doc. 1661) for a three year

time period against all products produced by the Toshiba Machine

Company and the Kongsberg Trading Company. As the three year time

period expired on December 28, 1991, Customs has decided to remove

these four obsolete regulatory provisions, commonly referred to as the

``Toshiba Sanctions''. Also, because the Toshiba Sanction regulations

required the submission of information to Customs, the listing of

Office of Management and Budget (OMB) control numbers found at 19 CFR

178.2 is amended to remove the information collection authorization for

Sec. 12.143, which provided for declarations of exception from import

sanctions.

Inapplicability of Public Notice and Comment Requirements, Delayed

Effective Date Requirements, the Regulatory Flexibility Act, and

Executive Order 12866

Because this amendment removes obsolete regulatory provisions to

conform the Customs Regulations to current legal requirements, which

have no substantive effect on the public, pursuant to 5 U.S.C. 553

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

procedure thereon as unnecessary. For the same reasons, it is

determined under the provisions of 5 U.S.C. 553(d)(1) and (d)(3) that

good cause exists for dispensing with a delayed effective date. Since

this document is not subject to the notice and public procedure

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 document does

not meet the criteria for a ``significant regulatory action'' as

specified in E.O. 12866.

List of Subjects

19 CFR Part 12

Customs duties and inspection, Economic sanctions, Imports,

Licensing, Prohibited merchandise, Restricted merchandise, Reporting

and recordkeeping requirements, Sanctions, Seizure and forfeiture.

19 CFR Part 178

Administrative practice and procedure, Exports, Imports, Reporting

and recordkeeping requirements.

Amendments to the Regulations

For the reasons stated above, parts 12 and 178 of the Customs

Regulations (19 CFR parts 12 and 178) are amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

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

follows, and the specific authority citation for Secs. 12.140 through

12.143 is removed:

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

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

* * * * *

2. Part 12 is amended by removing the undesignated centerheading

``Sanctions Against Toshiba Machine Company and Kongsberg Trading

Company'' and Secs. 12.140 through 12.143.

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.

[[Page 28501]]

Sec. 178.2 [Amended]

2. Section 178.2 is amended by removing the designation and

description entry for Sec. 12.143.

George J. Weise,

Commissioner of Customs.

Approved: May 15, 1996.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 96-14026 Filed 6-4-96; 8:45 am]

BILLING CODE 4820-02-P