Drawback; Correction

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 10, 145, 173, 174, 178, 181, 191

[T.D. 98-16]

RIN 1515-AB95

Drawback; Correction

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

ACTION: Final rule; correction.

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SUMMARY: Customs published in the Federal Register of March 5, 1998, a

document revising the Customs Regulations regarding drawback. This

document contains corrections to that document.

EFFECTIVE DATE: April 6, 1998.

FOR FURTHER INFORMATION CONTACT: Paul Hegland, Office of Regulations

and Rulings, (202-927-1172).

SUPPLEMENTARY INFORMATION:

Background

The final regulations relating to drawback published as T.D. 98-16

in the Federal Register (63 FR 10970) on March 5, 1998, contain errors

which may prove to be misleading and are in need of clarification. This

document corrects those errors.

Correction of Publication

Accordingly, the publication on March 5, 1998, of the final

regulations relating to drawback (T.D. 98-16) (rule document 98-5045)

is corrected as follows:

1. On page 10971, under the second column, line 61, in the third

from the last line of the second ``Customs Response'', after the words,

``so complicated'', and before the word, ``area'', the words, ``an

already complicated'', are added.

2. On page 10974, under the second column, line 7, the word

``part'' appearing in the first sentence of the first ``Customs

Response'' beginning thereunder is corrected to read ``port''.

3. On page 10977, under the first column, line 39, in the third

sentence of the second paragraph of the second ``Customs Response''

thereunder, the word ``an'' is added before the words, ``existing

drawback ``contract'' ''.

4. Also on page 10977, under the second column, line 44, in the

``Customs Response'' beginning thereunder, in the second paragraph, at

the end of the third sentence, a period is added after the word

``accordingly'' and before the word ``Section''.

5. Additionally on page 10977, under the second column, line 64, in

the

[[Page 15288]]

``Customs Response'' beginning thereunder, in the fifth paragraph,

first sentence, the section number ``191.6(b)'' is corrected to read

``191.9(b)''.

6. Again on page 10977, under the third column, on the last line

thereof, after the term ``1313(p)'' and before the word ``included'',

the word ``be'' is added.

7. On page 10979, under the second column, line 57, the phrase,

``Accordingly to'', starting the second sentence of the ``Customs

Response'' beginning under this column, is corrected to read,

``According to''.

8. On page 10980, under the third column, line 59, in the third

sentence of the second paragraph of the ``Customs Response'' beginning

in that column, the phrase, ``turn-over method'' is corrected to read

``turn-over period''.

9. On page 10981, under the second column, line 12, the phrase,

``receipts into and all withdrawals for'', appearing in the second

sentence of the ``Customs Response'' at the top of this column, is

corrected to read, ``receipts into inventory and all withdrawals

therefrom for''.

10. On page 10989, under the third column, line 21, the phrase,

``consistent Sec. 191.72(a)'', appearing in the second paragraph of the

initial ``Customs Response'' thereunder, is corrected to read,

``consistent with Sec. 191.72(a)''.

11. On page 10991, under the third column, on the first line, the

word, ``to'', is corrected to read, ``in''.

12. On page 10992, under the first column, line 11, the misspelling

of the word, ``provisions'', is thus corrected.

13. On page 10996, under the third column, line 16, in the first

``Customs Response'' appearing under the heading ``Appendix A'', after

the word ``determined'', the word ``not'' is added.

14. Also on page 10996, under the third column, line 55, regarding

the third ``Comment'' appearing thereunder, the numbers ``83-8'' and

the word ``and'', appearing on line 11 of this ``Comment'', are

removed; and, on the following line, after the numbers ``83-80'', and

before the semicolon, the following phrase is added: ``, and 83-84''.

15. On page 10997, under the first column, line 15, in the first

full paragraph, a period is added after the phrase ``or producers''.

16. Also on page 10997, under the second column, line 7, after the

word ``changes'' the words ``were proposed'' are added.

17. On page 10999, in the second column, under the heading

``Paperwork Reduction Act'', on line 7 of the first paragraph thereof,

the phrase, ``control number 1505-'', is corrected to read ``control

number 1515-''.

18. On page 11004, in the second column, on the first and third

lines under the heading ``Amendments to the Regulations'', the number

``178'' is added in appropriate numerical order.

Sec. 191.2 [Corrected]

19. On page 11008, in the first column, in Sec. 191.2(q)(2), the

phrase, ``paragraph (p)(1)'' appearing therein is corrected to read,

``paragraph (q)(1)''.

20. Also on page 11008, under the first column, in Sec. 191.2(t),

line 4 thereof, the parenthesis appearing after the word ``data'' is

removed.

Sec. 191.6 [Corrected]

21. On page 11009, under the second column, in Sec. 191.6(c)(6),

the reference to ``Sec. 191.93'' is corrected to read ``Sec. 191.193''.

Sec. 191.8 [Corrected]

22-24. Also on page 11010, under the third column, in

Sec. 191.8(e)(1), in the last sentence of this paragraph, the phrase,

``appears in the published synopsis'', is corrected to read, ``shall

appear in the published synopsis''.

25. Additionally on page 11010, under the third column, in

Sec. 191.8(e)(2), the parenthetical ``(Attention: Director,

International Trade Compliance Division)'' appearing at the end of the

last sentence of this section is corrected to read, ``(Attention:

Director, Commercial Rulings Division)''.

Sec. 191.11 [Corrected]

26. On page 11012, under the third column, in Sec. 191.11(a), the

reference to ``Sec. 191.2(s)'' appearing therein is corrected to read

``Sec. 191.2(x)(1)''.

27. On page 11013, under the first column, the last sentence of

Sec. 191.11(c) which reads, ``For those users manufacturing under the

request should be made by a separate letter.'', is corrected to read,

``For those users manufacturing under a general manufacturing drawback

ruling (Sec. 191.7), the request should be made by a separate

letter.''.

Sec. 191.12 [Corrected]

28. Also on page 11013, under the first column, in the first

sentence of Sec. 191.12, the phrase, ``a general manufacturing drawback

ruling (Sec. 191.7),'' is removed.

Sec. 191.14 [Corrected]

29. On page 11014, under the third column, in the last line of

paragraph (c)(3)(ii)(B) of Sec. 191.14, the figure ``$381.00'' is

corrected to read ``$391.00''.

30. On page 11015, under the first column, in the last line of

paragraph (c)(3)(iii)(D) of Sec. 191.14, the figure ``$331.00'' is

corrected to read ``$341.00''.

31. Also on page 11015, under the second column, in line 8 of

Sec. 191.14(c)(3)(iv)(C), the phrase, ``inventory the lowest amount

of'', is corrected to read, ``inventory with the lowest amount of''.

32. Again on page 11015, under the second column, in the last line

of paragraph (c)(3)(iv)(C) of Sec. 191.14, the figure ``$276.50'' is

corrected to read ``$286.50''.

Sec. 191.23 [Corrected]

33. On page 11017, under the first column, in Sec. 191.23(a), line

7 thereof, the word ``byproducts'' in the second sentence is corrected

to read ``multiple products''.

34. Also on page 11017, under the first column, in Sec. 191.23(b),

line 7, the word ``byproducts'' in the second sentence is corrected to

read ``multiple products''.

35. Again on page 11017, under the first column, in Sec. 191.23(c),

line 10, the word ``byproducts'' in the second sentence is corrected to

read ``multiple products''.

Sec. 191.31 [Corrected]

36. On page 11019, under the first column, in Sec. 191.31(a), the

phrase, ``Section 1313(j)(1) of the Act'', at the beginning of the

sentence, is corrected to read, ``Section 313(j)(1) of the Act''.

Sec. 191.32 [Corrected]

37. Also on page 11019, under the first column, in Sec. 191.32(a),

on lines 8-9, the phrase ``within 3 years after the importation''

appearing in the first sentence thereof is corrected to read ``before

the close of the 3-year period beginning on the date of importation''.

Sec. 191.42 [Corrected]

38. On page 11022, under the second column, in Sec. 191.42(c), line

8 thereof, the phrase ``or destroyer'' appearing in the second sentence

thereof is corrected to read ``(for destruction, see Sec. 191.44)''.

Sec. 191.61 [Corrected]

39. On page 11024, under the second column, the heading of

Sec. 191.61(d)(1) entitled ``Specific manufacturing drawback ruling.''

is corrected to read ``Specific manufacturing drawback ruling; action

by port director.''; and the

[[Page 15289]]

designation for (d)(l)(i) and its heading ``Action by port director''

are removed.

40. Also on page 11024, under the second column, in

Sec. 191.61(d)(1), the word ``therefore'' where appearing therein is

corrected to read ``therefor''.

Sec. 191.73 [Corrected]

41. On page 11025, under the first column, in Sec. 191.73(b), the

typographical error ``AAAA'' inserted before the footnote under the

sample format for the Chronological Summary of Exports is removed.

Sec. 191.74 [Corrected]

42. Also on page 11025, under the second column, at the end of

Sec. 191.74, the parenthetical ``(see Sec. 191.10(e)'' set forth is

corrected to read ``(see Sec. 191.51(a))''.

Sec. 191.81 [Corrected]

43. On page 11026, under the first column, in Sec. 191.81(b)(1),

the words ``each file'' appearing in the first sentence thereof are

corrected to read ``each files''.

44. Also on page 11026, under the second column, in

Sec. 191.81(c)(2), the words ``each file'' appearing in the first

sentence thereof are corrected to read ``each files''.

Sec. 191.91 [Corrected]

45. On page 11028, under the first column, the heading for

Sec. 191.91(f) entitled, ``Action by drawback office controlling'' is

italicized.

Sec. 191.185 [Corrected]

46. On page 11037, under the first column, in Sec. 191.185(d)(3),

under line 8 of the ``Transferor's Declaration'', the typographical

error following the phrase, ``located at'' is removed, and a blank

line, ``________'', is added in place thereof, prior to the

parenthetical ``(City and State)''.

Appendix A [Corrected]

47. On page 11039, under the third column, in item ``B.'' under

``I.'', in the first paragraph, following the term, ``83-80,'', the

term, ``83-84,'', is added.

48. On page 11040, in the first column, under ``J.2.'', the last

sentence of the parenthetical material is corrected by adding a period

at the end thereof.

49. On page 11041, under the first column, in the first line, the

phrase, ``or producer for the account of the'', is corrected to read,

``or producer may manufacture or produce for the account of the''.

50. Also on page 11041, under the first column, line 4, ``T.D.''s''

is corrected to read ``T.D.s''.

51. On page 11042, under the first column, the heading for

paragraph ``H.'' entitled ``Procedures And Records Maintained'', is

corrected to read ``Procedures and Records Maintained''.

52. Also on page 11042, under the third column, the second, third

and fourth sentences appearing in Footnote ``2'' at the bottom of the

column, are removed from this Footnote, and are added, as a separate

paragraph, following the text of item ``2.'' under ``H.'', in general

ruling ``VI.''.

53. On page 11044, under the third column, for general ruling

``VIII.'', following the heading for paragraph ``A.'' thereunder

entitled ``Same Kind and Quality (Parallel Columns)'', for editorial

clarity, two carriage returns are added thereafter, before the

beginning of the parallel columns.

54. On page 11045, under the second column, in item ``1.'' under

``F.'', the phrase ``at the time of separation'' appearing in the third

sentence thereof is corrected to read ``as the time of separation''.

55. On page 11049, in ``Exhibit C'', under the heading for

``Residual oils'', in the ``Bbls.'' column, the number ``180.957''

corresponding to the entry for ``(14) Domestic Shipments'' is corrected

to read ``180,957''.

56. Also on page 11049, in ``Exhibit C'', under the heading for

``Aviation gasoline'', the numbers ``278, 286'' and ``4.64041''

corresponding to the entry for ``(14) Domestic Shipments'' are removed

from the ``Bbls.'' and ``Drawback factor'' columns, respectively, and

are added under the ``Bbls.'' and ``Drawback factor'' columns,

respectively, corresponding to the entry for ``(14) Domestic

Shipments'' under the heading for ``Lubricating oils''.

57. On page 11052, ``Exhibit E-1'' is revised to read as follows:

BILLING CODE 4820-02-P

[[Page 15290]]

[GRAPHIC] [TIFF OMITTED] TR31MR98.023

BILLING CODE 4820-02-C

[[Page 15291]]

58. On page 11053, in ``Exhibit E (COMBINATION)'', the number

``28,485'' under column ``(24)'', corresponding to the entry for

``Aviation Gasoline'' under Column ``(21)'', is corrected to read

``28,045''.

59. On page 11056, under the first column, under ``L.6.'', the

reference to ``section 1313(b)'' therein is corrected to read ``section

1313''.

60. On page 11057, under the third column, at the end of item

``2.'' under ``X.'', the period is removed therefrom, and a semicolon

followed by the word ``and'' is added in place thereof.

61. Also on page 11057, at the bottom of the third column, Footnote

``1'' is corrected by removing the semicolon appearing at the end

thereof.

62. On page 11058, at the bottom of the third column, the second,

third and fourth sentences, appearing under Footnote ``4'', are removed

therefrom, and these sentences are added as a separate paragraph

following the text appearing in item ``3.'' of paragraph ``I.'' in the

third column.

63. On page 11059, under the third column, in item ``6.'' under

``L.'', of general ruling ``XII.'', the reference to ``section

1313(b)'' therein is corrected to read ``section 1313''.

64. Also on page 11059, under the third column, the third, fourth

and fifth sentences appearing as part of the text of the paragraph in

item ``I.3.'' of general ruling ``XIII.'' are made into a new paragraph

under the same item.

65. On page 11060, under the first column, in item ``6.'' under

``L.'', the reference to ``section 1313(b)'' therein is corrected to

read ``section 1313''.

Appendix B [Corrected]

66. On page 11063, in the second column, under the heading

``INVENTORY PROCEDURES'', the entry entitled ``RECORDS OF USE OF DUTY-

PAID, DUTY-FREE OR DOMESTIC MERCHANDISE OF THE REQUIRED SAME KIND AND

QUALITY WITHIN YEARS AFTER THE RECEIPT OF THE DESIGNATED MERCHANDISE'',

is corrected to read, ``RECORDS OF USE OF DUTY-PAID, DUTY-FREE OR

DOMESTIC MERCHANDISE OF THE REQUIRED SAME KIND AND QUALITY WITHIN 3

YEARS AFTER THE RECEIPT OF THE DESIGNATED MERCHANDISE''.

67. On page 11069, under the second column, line 39, the heading

``Inventory Procedures'' is capitalized to read ``INVENTORY

PROCEDURES''.

68. On page 11070, under the third column, in the section entitled

``PERSONS WHO WILL SIGN DRAWBACK DOCUMENTS'', add, in the second

sentence, after the words ``to bind'' and before the word

``corporation'', the word ``the''.

69. Also on page 11070, under the third column, in the section

entitled ``PERSONS WHO WILL SIGN DRAWBACK DOCUMENTS'', in the last

line, add a closing parenthesis after ``rulings'' and before the

period.

70. On page 11071, under the first column, in the heading ``PROCESS

OF CONSTRUCTION AND EQUIPMENT'', on line 7 thereunder, the words ``or

drawback'' are removed.

71. Also on page 11071, under the first column, in the heading

``PROCESS OF CONSTRUCTION AND EQUIPMENT'', on line 8 thereunder, after

the word ``merchandise'' and before the word ``and'', the words ``or

drawback products'' are added.

72. Again on page 11071, under the third column, in the first full

paragraph in parentheses thereunder, in line 2 thereof, the word

``It'', beginning the second sentence of this paragraph, is corrected

to read ``If''.

73. On page 11072, under the second column, under the section

entitled ``AGREEMENTS'', in item ``7.'', the term ``section 1313(g)''

appearing therein is corrected to read ``section 1313''.

Dated: March 25, 1998.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 98-8263 Filed 3-30-98; 8:45 am]

BILLING CODE 4820-02-P