Technical Corrections to the Customs Regulations

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143,

144, 148, 162, 173, 174 and 181

[T.D. 99-64]

Technical Corrections to the Customs Regulations

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations by making certain

technical corrections necessary to ensure that the regulations are as

accurate and up-to-date as possible. Some of the corrections involve

typographical and printing errors, some involve corrections to

correlate with prior regulatory changes, some involve changes to

regulatory language to more accurately reflect the underlying statutory

language; however, none of the corrections involve changes in

substantive legal requirements.

EFFECTIVE DATE: August 10, 1999.

FOR FURTHER INFORMATION CONTACT: Keith Rudich, Regulations Branch (202)

927-2391.

SUPPLEMENTARY INFORMATION:

Background

It is Customs policy to periodically review its regulations to

ensure that they are as accurate and up-to-date as possible, so that

the importing and general public are aware of Customs programs,

requirements, and procedures regarding import-related activities. As

part of this review policy, Customs has determined that certain changes

affecting Parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143,

144, 148, 162, 173, 174 and 181 of the Customs Regulations (19 CFR

parts 4, 10, 12, 24, 102, 112, 113, 118, 122, 133, 141, 143, 144, 148,

162, 173, 174 and 181) are necessary to correct typographical and

citation-referencing errors, and to make certain conforming changes to

the regulations. Many of these changes are being made to conform the

language in the Customs Regulations to the language of the Customs

Modernization provisions of the North American Free Trade Agreement

Implementation Act (Pub. L. 103-182, Title VI) (``the Mod Act'').

Following is a summary of these changes:

Discussion of Changes

Part 4

Section 4.9(f) provides that the master of a vessel who fails to

make entry or presents any entry document which is forged, altered or

false is liable for certain civil penalties, as provided in 19 U.S.C.

1436. This document amends Sec. 4.9(f) to reflect the amendment to 19

U.S.C. 1436 by section 611 of the Mod Act that penalties are also

applicable for electronically transmitting any forged, altered, or

false document, paper, information, data or manifest to Customs.

Section 4.12(a)(5) provides that unless the vessel master provides

the required notification of a manifest discrepancy and that the

discrepancy was due to clerical error, applicable penalties will be

assessed. Further, repeated manifest discrepancies may be deemed

negligent and not clerical error. This document amends the definition

of ``clerical error'' to match the definition provided in 19 U.S.C.

1584 as amended by section 619 of the Mod Act, to include electronic

submissions. Accordingly, after the word ``submission'' the words

``(electronically or otherwise)'' are added.

Section 4.61(b) requires the port director to verify that a vessel

is in compliance with certain requirements prior to granting clearance.

Section 4.61(b)(3), concerning documentation, makes a reference to

Sec. 4.64, which is a ``reserved'' section. Therefore, this document

deletes the reference to Sec. 4.64.

Section 4.82 concerns vessels touching at a foreign port while in

[[Page 43263]]

coastwise trade. In Sec. 4.82(a) and (d), footnotes 112, and 113,

respectively contain requirements pertaining to manifests of cargo and

whether a duty is payable by reason of a vessel taken in at one port of

the United States and touching at a foreign port during the voyage.

Changes made to 19 U.S.C. 293 and 294, as amended by section 686 of the

Mod Act, necessitate the removal of footnotes 112 and 113,

respectively. Further, in Sec. 4.82(a), there is a reference to Great

Lakes license endorsements which were repealed by Pub. L. 104-324,

Title XI, Sec. 1115(a), 110 Stat. 3972 (October 19, 1996). Accordingly,

the language referring to Great Lakes license endorsements in

Sec. 4.82(a) is deleted.

Part 10

In Sec. 10.41b(b)(1), concerning receiving permission from the port

director for release of certain shipping devices in international

traffic without entry or duty and without the shipping devices being

serially numbered or marked, the number ``13'' inadvertently appears

between the words ``serially'' and ``numbered''. The number ``13'' is,

therefore, deleted.

In Sec. 10.41b(b)(2)(iv), concerning the reporting period for the

clearance of serially numbered substantial holders or outer containers,

the number ``14'' inadvertently appears between the word ``tendered''

and an open parenthesis mark. The number ``14'' is, therefore, deleted.

In Sec. 10.41b(b)(4), concerning the port director's actions on the

application for exemption from serial numbering or marking

requirements, the number ``15'' inadvertently appears between the words

``the'' and ``application''. The number 15 is, therefore, deleted.

Part 12

In Sec. 12.8(b), concerning liquidated damages assessed for breach

of a bond on imported meat, meat-food products, horse meat, and horse

meat-food products, the monetary cap of $20,000 for cancellation of

liquidated damages by a port director is referenced. However,

Sec. 172.21 provides that a Fines, Penalties, and Forfeiture Officer

may cancel claims for liquidated damages when the claim is $100,000 or

less. Accordingly, for consistency, Sec. 12.8(b) is revised to replace

the $20,000 with $100,000.

Part 24

In Sec. 24.21(b)(9), concerning the fees charged for administrative

overhead costs, the reference to ``Sec. 111.12(a)(2)'' is revised to

read ``Sec. 111.12(a)''.

In Sec. 24.24(g), concerning the maintenance of records for the

harbor maintenance fee, the last sentence references ``Secs. 162.1a

through 162.1i''; however, effective July 16, 1998, the adoption of new

Part 163 replaces the reference for those sections. Accordingly, the

reference is revised to ``part 163''.

Part 102

Section 102.20 lists for specific North American Free Trade

Agreement purposes specific tariff shift rules and other requirements

for determining the country of origin of imported goods other than

textiles and apparel products covered by Sec. 102.21. In

Sec. 102.20(p), Section XVII: Chapters 86 through 89, the entry under

``Tariff shift and/or other requirements'' for 8716.10-8716.80 is

grammatically unclear and is revised to read ``A change to subheading

8716.10 through 8716.80 from any other heading, or from subheading

8716.90 except when that change is pursuant to General Rule of

Interpretation 2(a).''

Part 112

In Sec. 112.41, concerning identification cards for a licensed

cartman or lighterman and their employees, the title ``the Bureau of

Customs'' is used. Customs is officially a ``Service'', not a

``Bureau''. Accordingly, the words ``the Bureau of'' are deleted.

Part 113

In Sec. 113.38(c)(4), concerning Customs review of a submission by

a delinquent surety before determining whether to not accept further

bonds from the surety, there is a reference to ``(c)(4)''. Due to the

deletion of a prior paragraph the numbering for this reference should

read ``(c)(3)''. Accordingly, the reference to ``(c)(4)'' is revised to

read ``(c)(3)''.

Part 118

In Sec. 118.12, concerning a port director's actions on an

application for a centralized examination station (CES), the second

sentence is amended by deleting the word ``imported'' to conform to

changes made in T.D. 98-29.

Part 122

In Sec. 122.162(b), concerning the failure to notify the port

director and explain differences in an air cargo manifest, the

definition of ``clerical error'' is being changed to match the

definition provided in 19 U.S.C. 1584 as amended by section 619 of the

Mod Act, to include electronic submissions and correspond to the

identical definition appearing at Sec. 4.12(a)(5).

Part 133

In Secs. 133.26 and 133.46, involving the demand for redelivery of

released merchandise and the demand for redelivery of released

articles, respectively, the reference to Sec. 141.113(g) should read

Sec. 141.113(h). The reference is accordingly revised.

Part 141

Sections 141.64, 141.90(a) and 141.103 are amended in light of the

amendment of 19 U.S.C. 1484 by section 637 of the Mod Act which shifted

to the importer of record the burden to use reasonable care in

providing to Customs the correct classification, appraisement and rate

of duty applicable to merchandise in entry documentation, and

furnishing at the time of entry sufficient information to enable

Customs to determine admissibility, assess proper duties, collect

accurate statistics and to determine compliance with any other legal

requirement. Accordingly, Customs believes that the regulations should

no longer provide that Customs has the burden to review entry and entry

summary documentation before acceptance to ensure that all entry and

statistical requirements are complied with and that indicated values

and rates of duty appear to be correct; Sec. 141.64 currently provides

that Customs has that burden. Section 141.64 is being amended to

reflect that while it is not Customs burden to review entry and entry

summary documentation, Customs may still in its discretion return

documentation in which errors are found prior to acceptance. Further,

in accordance with 19 U.S.C. 1484, the entered tariff classification,

rate of duty, value and estimated duties no longer need to be approved

by the port director; Sec. 141.90(a) now provides that the port

director has this responsibility. Also, as a result of the above

amendment to section 1484, it is not the port director's responsibility

to determine the amount of estimated duties ``deemed necessary'' to be

deposited; Sec. 141.103 now states that this is the port director's

responsibility. Accordingly, as it is now the responsibility of the

importer of record to use ``reasonable care'' in submitting proper

information and documentation with Customs, pursuant to 19 U.S.C. 1484,

these responsibilities of Customs regarding acceptance of entry

documentation are removed from the regulations. To effect this,

Sec. 141.64 is amended by removing the word ``shall'' in the first

sentence and inserting the word ``may'' in its place; Sec. 141.90 is

amended by removing and reserving paragraph (a); and Sec. 141.103 is

amended by removing the words ``deemed necessary by the port

director''.

[[Page 43264]]

In Sec. 141.68(b), concerning when an entry summary serves as both

the entry documentation and entry summary, there is a reference to

Sec. 142.13(c). Pursuant to a realignment of the paragraphs of

Sec. 142.13 by T.D. 95-77, the correct reference should be

``Sec. 142.13(b)''. The reference is accordingly revised.

In Sec. 141.113(b), concerning the recall of textiles and textile

products released from Customs custody, the reference to

Sec. 113.62(k)(1) should read Sec. 113.62(l)(1). The reference is

accordingly revised.

Part 143

In Sec. 143.21(j), concerning merchandise determined to be unique

in character or design so as to be eligible for informal entry, the

language is clarified by deleting the word ``so'' before the word

``unique'' and adding ``, such'' after the word ``design''.

Part 144

Section 144.37(h)(2)(vi) concerns a Class 9 warehouse withdrawal

for exportation using a sales ticket for goods purchased in a duty-free

store. This section is corrected to reflect that the importer's

personal exemption is available as to goods purchased in a duty-free

store, should such goods later be returned to the United States. This

conforms the section with 19 U.S.C. 1555(b)(6)(B) and Sec. 19.35(e)(2).

Part 148

In Sec. 148.51(a)(1), concerning the application for exemption from

duty and internal revenue tax by a nonresident arriving in the U.S. who

is not entitled to an exemption for gifts, the reference to subheading

``9804.00.39'', HTSUS is incorrect. This reference is amended to read

subheading ``9804.00.30'', HTSUS.

Part 162

In Sec. 162.65(c), concerning the notice and demand for payment of

a penalty for cargo or baggage containing unmanifested narcotic drugs

or marihuana, the last word of the first sentence ``responsiblie'' is

misspelled. This document corrects the misspelled word.

Section 162.72(b), concerning the penalties for violation of

section 584(a)(1), Tariff Act of 1930 (19 U.S.C. 1584(a)(1)), as

amended, states that the penalty for lack of or discrepancy in a

manifest is $500. Pursuant to 19 U.S.C. 1584, the penalty amount of

$500 has been increased to $1000. This document corrects the regulation

to reflect the correct statutory penalty.

In Sec. 162.73, concerning penalties under section 592, Tariff Act

of 1930, as amended (19 U.S.C. 1592), the language is revised to

reflect that pursuant to Pub. L. 104-295, the penalty is applicable to

taxes and fees as well as duties.

In Sec. 162.74(c), as amended by T.D. 98-49 published in the

Federal Register (63 FR 29126) on May 28, 1998, concerning the tender

of actual loss of duties under a prior disclosure by a person of a

violation of law committed by that person involving the filing or

attempted filing of a drawback claim, or an entry or introduction, or

attempted entry or introduction of merchandise in the United States by

fraud, gross negligence, or negligence, the words ``his or her'' in the

second sentence are misleading regarding the fact that Customs

calculates the actual loss of duties. This document clarifies the

matter.

In Sec. 162.79b, concerning the recovery of the actual loss of

duties resulting from a violation of 19 U.S.C. 1592, the language is

revised to reflect that there is liability for taxes and fees as well

as duties.

Part 173

Section 173.6 provides that where there is probable cause to

believe there is fraud in a case, a port director may reliquidate an

entry within two years after the date of liquidation or last

reliquidation. This section is being removed from the regulations. The

authority for Sec. 173.6 was 19 U.S.C. 1521 which was repealed by

section 618 of the Mod Act.

Part 174

In Sec. 174.13(a), concerning the contents of a protest, there are

nine paragraphs detailing the types of information required. The

connective word ``and'' should be set forth between paragraphs (a)(8)

and (a)(9), rather than between paragraphs (a)(7) and (a)(8) as is

currently printed. Also, in (a)(9), the word ``declaration'' is

misspelled as ``delcaration''. This document corrects these errors.

Part 181

In Sec. 181.82(b)(1)(ii), concerning ``voluntarily'' correcting a

declaration in connection with a claim for preferential tariff

treatment for a good under NAFTA so as to not be subject to a penalty,

the reference to ``Sec. 162.74(g)'' is revised to read

Sec. 162.74(i)''. This reflects the restructuring of Sec. 162.74 set

forth in T.D. 98-49.

In Sec. 181.93(b)(5)(i)(B)(4), concerning whether the requester for

a NAFTA advance ruling has knowledge that the issue is already subject

of a request for an advance ruling, there is a reference to

Sec. 181.76(d)(1). However, because a new section (b) was added to

Sec. 181.76 by T.D. 95-68, the original Sec. 181.76(d)(1) was

redesignated as Sec. 181.76(e)(1). Therefore, the reference to

Sec. 181.76(d)(1)'' is revised to read ``Sec. 181.76(e)(1)''.

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 typographical,

technical and printing errors in the regulations and otherwise conform

the Customs Regulations to existing law or practice, 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

reasons, good cause exists for dispensing with 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 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 defined in E.O. 12866.

Drafting Information. The principal author of this document was

Keith B. Rudich, Regulations Branch, Office of Regulations and Rulings,

U.S. Customs Service. However, personnel from other offices

participated in its development.

List of Subjects

19 CFR Part 4

Bonds, Cargo vessels, Common carriers, Customs duties and

inspection, Declarations, Drug traffic control, Entry, Exports, Fees,

Foreign commerce and trade statistics, Freight, Harbors, Imports,

Inspection, Merchandise, Penalties, Prohibited merchandise, Reporting

and recordkeeping requirements, Shipping, Vessels.

19 CFR Part 10

Customs duties and inspection, Imports, Reporting and recordkeeping

requirements.

19 CFR Part 12

Animals, Bonds, Customs duties and inspection, Economic sanctions,

Entry of merchandise, Fees assessment, Imports, Meats, Reporting and

recordkeeping requirements, Sanctions.

19 CFR Part 24

Accounting, Customs duties and inspection, Fee, Financial and

accounting procedures, Harbors, Reporting and recordkeeping

requirements, Taxes, User Fees.

[[Page 43265]]

19 CFR Part 102

Customs duties and inspection, Customs ports of entry, Imports,

Shipments, Sureties.

19 CFR Part 112

Administrative practice and procedure, Customs duties and

inspection, Exports, Freight forwarders, Imports, Reporting and

recordkeeping requirements.

19 CFR Part 113

Bonds, Customs duties and inspection, Reporting and recordkeeping

requirements, Surety bonds.

19 CFR Part 118

Administrative practice and procedure, Bonds, Customs duties and

inspection, Drug traffic control, Reporting and recordkeeping

requirements, Security measures.

19 CFR Part 122

Administrative practice and procedure, Bonds, Customs duties and

inspection, Freight, Imports, Penalties, Reporting and recordkeeping

requirements.

19 CFR Part 133

Customs duties and inspection, Fees assessment, Imports, Penalties,

Prohibited merchandise, Reporting and recordkeeping requirements,

Restricted merchandise, Seizures and forfeitures, Trademarks, Trade

names.

19 CFR Part 141

Customs duties and inspection, Entry of merchandise, Reporting and

recordkeeping requirements.

19 CFR Part 143

Automated Broker Interface (ABI), Customs duties and inspection,

Electronic entry filing, Entry of merchandise, Invoice requirements,

Reporting and recordkeeping requirements.

19 CFR Part 144

Customs duties and inspection, Reporting and recordkeeping

requirements, Warehouses.

19 CFR Part 148

Aliens, Customs duties and inspection, Declarations, Foreign

officials, Privileges and immunities, Reporting and recordkeeping

requirements, Taxes.

19 CFR Part 162

Administrative practice and procedure, Customs duties and

inspection, Drug traffic control, Inspection, Law enforcement,

Penalties, Prohibited merchandise, Restricted merchandise, Reporting

and recordkeeping requirements, Search warrants, Seizures and

forfeitures.

19 CFR Part 173

Administrative practice and procedure, Customs duties and

inspection.

19 CFR Part 174

Administrative practice and procedure, Customs duties and

inspection, Reporting and recordkeeping.

19 CFR Part 181

Administrative practice and procedure, Canada, Customs duties and

inspection, Imports, Mexico, Reporting and recordkeeping requirements,

Trade agreements (North American Free-Trade Agreement).

Amendment to the Regulations

In accordance with the preamble, Parts 4, 10, 12, 24, 102, 112,

113, 118, 122, 133, 141, 143, 144, 148, 162, 173, 174 and 181 of the

Customs Regulations (19 CFR Parts 4, 10, 12, 24, 102, 112, 113, 118,

122, 133, 141, 143, 144, 148, 162, 173, 174 and 181) are amended as set

forth below:

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

1. The general authority citation for part 4 and the specific

relevant authority citations for Secs. 4.9, 4.12, and 4.82 continue to

read 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 4.9 also issued under 42 U.S.C. 269; 46 U.S.C. App. 677;

* * * * *

Section 4.12 also issued under 19 U.S.C. 1584;

* * * * *

Section 4.82 also issued under 19 U.S.C. 293, 294, 46 U.S.C.

App. 123;

* * * * *

Sec. 4.9 [Amended]

2. Section 4.9(f) is amended by removing in the first sentence the

language ``any document required by this section which is forged,

altered, or false,'' and adding in its place the words ``or transmits,

electronically or otherwise, any forged, altered, or false document,

paper, information, data or manifest,''.

Sec. 4.12 [Amended]

3. Section 4.12(a)(5) is amended by adding in the second sentence

after the word ``submission'' the words ``(electronically or

otherwise)''.

Sec. 4.61 [Amended]

4. Section 4.61(b)(3) is amended by removing the parenthetical

reference ``(Sec. 4.64)''.

Sec. 4.82 [Amended]

5. Section 4.82(a) is amended to add in the first sentence after

the first word ``A'' the words ``United States'', and to remove the

words '', where appropriate, a Great Lakes license endorsement'' and

add in their place the words ``coastwise endorsement, or both'.

6. Part 4 is amended by removing and reserving footnotes 112 and

113; and removing the superscript footnote referencing designations 112

and 113 from the text.

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,

ETC.

1. The general authority citation for part 10 and the specific

relevant authority citation for Sec. 10.41b continue to read as

follows:

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

Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,

1498, 1508, 1623, 1624, 3314.

* * * * *

Section 10.41b also issued under 19 U.S.C. 1202 (Chapter 98,

Subchapter III, U.S. Note 3, HTSUS);

* * * * *

Sec. 10.41b [Amended]

2. Section 10.41b(b)(1) is amended by removing in the first

sentence the number ``13'' which appears between the words ``serially''

and ``numbered'.

3. Section 10.41b(b)(2)(iv) is amended by removing the number

``14'' which appears between the word ``tendered'' and a parenthetical

clause.

4. In Sec. 10.41b(b)(4), the third sentence is amended by removing

the number ``15'' which appears between the words ``the'' and

``application''.

PART 12--SPECIAL CLASSES OF MERCHANDISE

1. The general authority citation for Part 12 continues 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.

* * * * *

Sec. 12.8 [Amended]

2. Section 12.8(b) is amended in the first sentence by removing the

monetary cap of ``$20,000'' and adding in its place the monetary cap of

``$100,000''.

[[Page 43266]]

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

1. The general authority citation for Part 24 and the specific

relevant authority for Sec. 24.24 continue to read as follows:

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

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

1450, 1624, 31 U.S.C. 9701.

* * * * *

Section 24.24 also issued under 26 U.S.C. 4461, 4462;

* * * * *

Sec. 24.21 [Amended]

2. Section 24.21(b)(9) is amended by removing the citation

``111.12(a)(2)'' and adding in its place the citation

``Sec. 111.12(a)''.

Sec. 24.24 [Amended]

3. ``In Sec. 24.24(g), the last sentence is amended by removing the

citations Secs. 162.1a through 162.1i'' and adding in their place the

citation ``part 163''.

PART 102--RULES OF ORIGIN

1. The general authority citation for Part 102 continues to read as

follows:

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

Tariff Schedule of the United States (HTSUS)), 1624, 3314, 3592.

* * * * *

Sec. 102.20 [Amended]

2. Section 102.20(p), ``Section XVII: Chapters 86 through 89'', is

amended by revising the entry in the ``Tariff shift and/or other

requirements'' column adjacent to 8716.10-8716.80 in the ``HTSUS''

column, to read ``A change to subheading 8716.10 through 8716.80 from

any other heading, or from subheading 8716.90 except when that change

is pursuant to General Rule of Interpretation 2(a).''

PART 112--CARRIERS, CARTMEN, AND LIGHTERMEN

1. The general authority citation for Part 112 continues to read as

follows:

Authority: 19 U.S.C. 66, 1551, 1565, 1623, 1624.

* * * * *

Sec. 112.41 [Amended]

2. Section 112.41 is amended by removing in the first sentence the

words ``the Bureau of''.

PART 113--CUSTOMS BONDS

1. The general authority citation for Part 113 continues to read as

follows:

Authority: 19 U.S.C. 66, 1623, 1624.

* * * * *

Sec. 113.38 [Amended]

2. Section 113.38(c)(4) is amended by removing in the first

sentence the reference to ``(c)(4)'' and adding in its place

``(c)(3)''.

PART 118--CENTRALIZED EXAMINATION STATIONS

1. The general authority citation for Part 118 continues to read as

follows:

Authority: 19 U.S.C. 66, 1499, 1623, 1624; 22 U.S.C. 401; 31

U.S.C. 5317.

* * * * *

Sec. 118.12 [Amended]

2. Section 118.12 is amended by removing the word ``imported'' from

the last sentence.

PART 122--AIR COMMERCE REGULATIONS

1. The general authority citation for Part 122 continues to read as

follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448,

1459, 1590, 1594, 1623, 1624, 1644, 1644a.

* * * * *

Sec. 112.162 [Amended]

2. Section 122.162(b) is amended by removing the words ``,made when

the manifest is prepared, assembled or submitted'' and adding in their

place the words ``in the preparation, assembly, or submission

(electronically or otherwise) of the manifest''.

PART 133--TRADEMARKS, TRADE NAMES AND COPYRIGHTS

1. The general authority citation for Part 133 and the specific

relevant authority citation for Secs. 133.26 and 133.46 continue to

read as follows:

Authority: 17 U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1624; 31

U.S.C. 9701.

* * * * *

Sections 133.26 and 133.46 also issued under 19 U.S.C. 1623.

* * * * *

Sec. 133.26 and 133.46 [Amended]

2. Sections 133.26 and 133.46 are amended by removing the citation

Sec. 141.113(g)'' and adding in its place the citation

``Sec. 141.113(h)''.

PART 141--ENTRY OF MERCHANDISE

1. The general authority citation for Part 141 and the specific

relevant authority citations for Secs. 141.68, 141.90, and 141.113

continue to read as follows:

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

* * * * *

Section 141.68 also issued under 19 U.S.C. 1315;

* * * * *

Section 141.90 also issued under 19 U.S.C. 1487;

* * * * *

Section 141.113 also issued under 19 U.S.C. 1499, 1623.

Sec. 141.64 [Amended]

2. Section 141.64 is amended by removing the word ``shall'' in the

first sentence and adding in its place the word ``may''.

Sec. 141.68 [Amended]

3. Section 141.68(b) is amended by removing the citation

``Sec. 142.13(c)'' and adding in its place ``Sec. 142.13(b)''.

Sec. 141.90 [Amended]

4. Section 141.90 is amended by removing and reserving paragraph

(a).

Sec. 141.103 [Amended]

5. Section 141.103 is amended by removing the words ``deemed

necessary by the port director''.

Sec. 141.113 [Amended]

6. Section 141.113(b) is amended by removing the citation

``Sec. 113.62(k)(1)'' and adding in its place ``Sec. 113.62(l)(1)''.

PART 143--SPECIAL ENTRY PROCEDURES

1. The general authority citation for Part 143 continues to read as

follows:

Authority: 19 U.S.C. 66, 1481, 1484, 1498, 1624.

* * * * *

Sec. 143.21 [Amended]

2. Section 143.21(j) is amended by removing the word ``so'' which

appears before the word ``unique'', and by adding, ``, such'' after the

word ``design''.

PART 144--WAREHOUSE AND REWAREHOUSE ENTRIES AND WITHDRAWALS

1. The general authority citation for Part 144 and the specific

authority citation for Sec. 144.37 continue to read as follows:

Authority: 19 U.S.C. 66, 1484, 1557, 1559, 1624.

* * * * *

Section 144.37 also issued under 19 U.S.C. 1555, 1562.

Sec. 144.37 [Amended]

2. In Sec. 144.37(h)(2)(vi), the first sentence is amended by

removing the phrase ``without personal exemption'' and adding in its

place the phrase ``with personal exemption''.

PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS

1. The general authority citation for Part 148 and the specific

relevant

[[Page 43267]]

authority citation for Sec. 148.51 continue 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).

* * * * *

Sections 148.43, 148.51, 148.63, 148.64, 148.74 also issued

under 19 U.S.C. 1321;

* * * * *

Sec. 148.51 [Amended]

2. Section 148.51(a)(1) is amended by removing the reference

``9804.00.39'' and adding in its place ``9804.00.30''.

PART 162--INSPECTION, SEARCH AND SEIZURE

1. The general authority citation for Part 162 and the specific

relevant authority citation for Secs. 162.65 and 162.72 continue to

read as follows:

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

* * * * *

Section 162.65 also issued under 19 U.S.C. 1584, 21 U.S.C. 960,

961;

Sections 162.65 and 162.72 also issued under 19 U.S.C. 1431(b)

and 19 U.S.C. 1644.

Sec. 162.65 [Amended]

2. Section 162.65(c) is amended by removing the last word of the

first sentence, ``responsiblie'', and adding in its place the word

``responsible''.

Sec. 162.72 [Amended]

3. Section 162.72 is amended by removing the amount ``$500'' in

paragraphs (b)(1), (b)(2) and (b)(3)(ii) and by adding ``$1,000'' in

its place.

Sec. 162.73 [Amended]

4. Section 162.73 is amended by adding after the word ``duties''

appears in paragraphs (a)(2)(i), (a)(2)(ii), (a)(3)(i), (a)(3)(ii),

(b)(1)(i), (b)(1)(ii), and (b)(2), the words '', taxes and fees''.

Sec. 162.74 [Amended]

5. Section 162.74(c) is amended by removing in the second sentence

the words ``his or her'' and adding in their place ``Customs''.

Sec. 162.79b [Amended]

6. Section 162.79b is amended by adding after each time the word

``duties'' appears in the heading and text, the words '', taxes and

fees''.

PART 173--ADMINISTRATIVE REVIEW IN GENERAL

1. The authority citation for part 173 continues to read as

follows:

Authority: 19 U.S.C. 66, 1501, 1520, 1624.

Sec. 173.6 [Removed]

2. Section 173.6 is removed.

PART 174--PROTESTS

1. The general authority citation for Part 174 continues to read as

follows:

Authority: 19 U.S.C. 66, 1514, 1515, 1624.

* * * * *

Sec. 174.13 [Amended]

2. Section 174.13(a)(7) is amended by removing the last word,

``and''.

3. Section 174.13(a)(8) is amended by removing the period at the

end of the sentence and adding in its place ``; and''.

4. Section 174.13(a)(9) is amended by removing the word

``delcaration'' and adding in its place the word ``declaration''.

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

1. The general authority citation for Part 181 continues to read as

follows:

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

Tariff Schedule of the United States (HTSUS)), 1624, 3314.

* * * * *

Sec. 181.82 [Amended]

2. Section 181.82(b)(1)(ii) is amended by removing the reference

``Sec. 162.74(g)'' and adding in its place ``Sec. 162.74(i)''.

Sec. 181.93 [Amended]

3. Section 181.93(b)(5)(i)(B)(4) is amended by removing the

reference Sec. 181.76(d)(1)'' and adding in its place

``Sec. 181.76(e)(1)''.

Raymond W. Kelly,

Commissioner of Customs.

Approved: July 6, 1999.

John P. Simpson.

Deputy Assistant Secretary of the Treasury,

[FR Doc. 99-20506 Filed 8-9-99; 8:45 am]

BILLING CODE 4820-02-P