Mandatory Seizure of Certain Plastic Explosives

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

[T.D. 99-4]

RIN 1515-AC33

Mandatory Seizure of Certain Plastic Explosives

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations regarding the

types of merchandise that are required to be seized and forfeited if

introduced or attempted to be introduced into the United States

contrary to law. The Customs Regulations reflect the statutory list of

such merchandise set forth in 19 U.S.C. 1595a(c)(1). That statute was

amended to add plastic explosives not containing a detection agent to

the list of merchandise required to be seized and forfeited. This

document conforms the Customs Regulations to that statutory change.

EFFECTIVE DATE: January 8, 1999.

FOR FURTHER INFORMATION CONTACT: Todd J. Schneider, Penalties Branch,

202-927-1694.

SUPPLEMENTARY INFORMATION:

[[Page 1123]]

Background

Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1))

sets forth a list of merchandise which, if introduced or attempted to

be introduced into the United States contrary to law, are required to

be seized and forfeited.

Section 162.23(a), Customs Regulations (19 CFR 162.23(a)), reflects

the list of merchandise that must be mandatorily seized if introduced

or attempted to be introduced into the United States contrary to law as

set forth in 19 U.S.C. 1595a(c).

Title VI, section 606 of Pub. L. 104-132, the ``Antiterrorism and

Effective Death Penalty Act of 1996,'' amended 19 U.S.C. 1595a(c)(1),

effective April 24, 1997, to add to the list of merchandise required to

be seized, merchandise that ``is a plastic explosive, as defined in

section 841(q) of Title 18, United States Code, which does not contain

a detection agent, as defined in section 841(p) of such title.'' This

amendment was made to implement the Convention on the Marking of

Plastic Explosives for the Purpose of Detection, which the United

States entered into at Montreal, Canada, in 1991.

This document amends Sec. 162.23(a), Customs Regulations, to

reflect that amendment to 19 U.S.C. 1595a(c)(1).

Inapplicability of Public Notice and Comment Requirements and

Delayed Effective Date Requirements

Inasmuch as this amendment merely conforms the Customs Regulations

to existing law, pursuant to 5 U.S.C. 553(b)(3)(B), good cause exists

for dispensing with notice and public procedure for this amendment as

they are unnecessary. For the same reason, pursuant to 5 U.S.C.

553(d)(3), a delayed effective date is not required.

Regulatory Flexibility Act and Executive Order 12866

Because no notice of proposed rulemaking is required, the

provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do

not apply.

This document does not meet the criteria for a significant

regulatory action under Executive Order 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 162

Customs duties and inspection, Imports, Inspection, Law

enforcement, Prohibited merchandise, Restricted merchandise, Seizures

and forfeitures.

Amendment to the Regulations

For the reasons set forth in the preamble, part 162 of the Customs

Regulations (19 CFR part 162) is amended as set forth below.

PART 162--INSPECTION, SEARCH AND SEIZURE

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

authority citation for Sec. 162.23 continue to read as follows:

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

* * * * *

Section 162.23 also issued under 19 U.S.C. 1595a(c).

* * * * *

2. Section 162.23(a) is amended by removing the word ``or'' at the

end of paragraph (a)(2); by removing the period at the end of paragraph

(a)(3) and adding ``; or'' in its place; and by adding a new paragraph

(a)(4) to read as follows:

Sec. 162.23 Seizure under section 596(c) Tariff Act of 1930, as

amended (19 U.S.C. 1595a(c)).

(a) Mandatory seizures. * * *

* * * * *

(4) A plastic explosive, as defined in section 841(q) of title 18,

United States Code, which does not contain a detection agent, as

defined in section 841(p) of that title.

* * * * *

Approved: December 1, 1998.

Raymond W. Kelly,

Commissioner of Customs.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 99-376 Filed 1-7-99; 8:45 am]

BILLING CODE 4820-02-P