Technical Corrections Regarding Customs Organization

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Chapter I

[T.D. 99-27]

RIN 1515-AB84

Technical Corrections Regarding Customs Organization

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document makes final, with certain technical corrections,

the interim amendments to the Customs Regulations that reflected

Customs new organizational structure. The changes are nonsubstantive or

merely procedural in nature.

EFFECTIVE DATE: These changes are effective March 22, 1999.

FOR FURTHER INFORMATION CONTACT: Jerry Laderberg, Entry and Carrier

Rulings Branch, Office of Regulations and Rulings (202) 927-2077, or

Gregory R. Vilders, Regulations Branch, Office of Regulations and

Rulings (202) 927-2340.

SUPPLEMENTARY INFORMATION:

Background

On September 27, 1995, Customs published interim regulations in the

Federal Register (T.D. 95-77 at 60 FR 50008 and T.D. 95-78 at 60 FR

50020) to implement its new field organization, effective for fiscal

year 1996. Because the regulations concerned matters related to agency

management and personnel, notice, public procedure, and a delayed

effective date were not necessary, and the regulations became effective

on October 1, 1995. Even though notice and public procedure were not

required, Customs did solicit comments on the interim regulations. The

comment period closed November 27, 1995. Only one comment was received,

which addressed a very narrow issue concerning brokers' permits. The

comment received and Customs response are set forth below.

Discussion of Comment

Comment: The one comment received questioned why Customs stated in

the BACKGROUND portion of the interim regulations (T.D. 95-77) that it

was eliminating, for the most part, districts and regions from its

field organization to place more emphasis on field operations, and then

retained this distinction for purposes of brokers' permits. The

commenter urged that the 20 Customs Management Centers' geographical

boundaries be adopted as the basis for issuing broker permits, rather

than use the Service Port boundaries. The commenter objected to the

continued use of the terms ``district'' and ``region'' for the limited

purposes of regulating the permitting of customs brokers (part 111 of

the Customs Regulations) and carriers, cartmen, and lightermen (part

112 of the Customs Regulations), as not being within the spirit of

Customs reorganization or the National Performance Review.

Customs Response: Customs does not agree with this assessment. As

more fully stated in the BACKGROUND portion of the interim regulations,

districts and regions will still exist as geographical descriptions for

limited purposes such as for broker permits and certain cartage and

lighterage purposes. In the case of brokers, Customs decided to

preserve the district permit and region waiver procedures because these

procedures are mandated by statute (see, 19 U.S.C. 1641). Also, during

the course of the reorganization, Customs consulted with the Customs

brokerage industry and was informed that the industry's preference, in

the short-term, was to retain the current scheme until it had time to

assess the effects of both the new field structure and the automation

initiatives made pursuant to the Customs Modernization provisions of

the North American Free Trade Agreement Implementation Act (provisions

pertaining to the National Customs Automation Program are at 19 U.S.C.

1411). Customs believes that its consultation with the Customs

brokerage industry was in the spirit of Customs reorganization and the

National Performance Review. Accordingly, at this time no further

change to the Customs Regulations is made based on the comment

received.

Changes to Interim Regulations

In reviewing the interim regulations, Customs finds that further

changes to 95 sections of the regulations must be made to correct

grammatical and nomenclature errors. Following is a summary of those

changes.

Further nomenclature changes are made to more than 80 sections and

Appendices: Secs. 4.14, 4.80a, 4.80b, 10.5, 10.37, 10.39, 12.8, 12.39,

18.8, 18.21, 101.3, 103.0, 103.1, 103.5, 103.7, 103.9, 103.31, 111.13,

111.19, 111.95, 111.96, 113.14, 113.15, 113.38, 113.39, 115.11, 115.13,

115.30, 115.40, 115.51, 115.65, 122.14, 122.165, 122.176, 125.42,

132.14, 133.2, 133.12, 133.32, 134.54, 145.4, 146.2, 146.4, 146.6,

146.83, 162.32, 162.42, 162.44 through 162.50, 162.52, 162.64, 162.65,

162.71, 162.72, 162.74 through 162.79, 162.79b, 171.12, 171.15, 171.21

through 171.23, 171.31, 171.33, and 171.52, Appendices A-C to Part 171,

Secs. 172.2, 172.12, 172.21, 172.22, 172.31, 172.33, 175.25, 177.2, and

177.26. These changes, for the most part, continue the conversion of

``district director'' to ``port director'' or to ``Fines, Penalties,

and Forfeitures Officer'', replace an obsolete term (``collector'')

with ``port director'', replace the Office of Inspection and Control

with the Office of Field Operations, and further inform the public of

responsible offices and personnel, e.g., ``Disclosure Law Officer'' for

Regulations and Disclosure Law Branch. Since publication of the

[[Page 13674]]

interim regulations, Customs Headquarters has been relocated from 1301

Constitution Avenue to 1300 Pennsylvania Avenue in Washington, D.C.

Accordingly, this street address change is made to the 19 sections

where a writing address is provided. The change to the ports-of-entry

listing at Sec. 101.3 entails moving the listing for ``Longview'' from

Oregon to Washington, which is where the port is physically located.

Also, a change is made to Sec. 103.1 to show the correct street address

for the Boston reading room facility where public documents are

maintained.

Grammatical changes to make the text read more clearly are made to

9 sections: Secs. 4.41, 10.172, 19.2, 19.3, 19.40, 24.4, 24.36, 101.0,

and 101.4. Most of these changes are in the form of substituting

prepositional phrases, i.e., replacing ``in'' with ``at'' or removing

redundant references to port directors at ports.

Inapplicability of the Delayed Effective Date Requirement, the

Regulatory Flexibility Act, and Executive Order 12866

Inasmuch as these amendments merely advise the public of Customs

field and Headquarters organization, and make certain technical

corrections to the organization that is currently in place under

interim regulations, it is determined that good cause exists under the

provisions of 5 U.S.C. 553(d)(2) and (3) for dispensing with the

requirement for a delayed effective date. Because no notice of proposed

rulemaking was 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'' as specified in

Executive Order 12866.

Drafting Information. The principal author of this document was

Gregory R. Vilders, Attorney, Office of Regulations and Rulings,

Regulations Branch. However, personnel from other offices participated

in its development.

List of Subjects

19 CFR Part 101

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

Foreign trade statistics, Imports, Organization and functions

(Government agencies), Reporting and recordkeeping requirements.

19 CFR Part 132

Agriculture and agricultural products, Customs duties and

inspection, Quotas.

19 CFR Part 146

Customs duties and inspection, Entry, Foreign trade zones, Imports,

Reporting and recordkeeping requirements.

Amendments to the Regulations

As discussed in the preamble and under the authority of 19 U.S.C.

66 and 1624, the interim rule amending 19 CFR parts 4, 19, 24, 101,

103, 111, 112, 113, 118, 122, 127, 141, 142, 146, and 174 of the

Customs Regulations (19 CFR 4, 19, 24, 101, 103, 111, 112, 113, 118,

122, 127, 141, 142, 146, and 174), published on September 27, 1995, in

the Federal Register at 60 FR 50008, and the interim rule amending

chapter I of the Customs Regulations (19 CFR chapter I) published on

September 27, 1995, in the Federal Register at 60 FR 50020, are adopted

as final with the following changes:

PART 101--GENERAL PROVISIONS

1. The authority citation for part 101 continues 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), 1623, 1624.

Sec. 101.3 [Amended]

2. Section 101.3(b)(1) is amended by removing the entry for

``Longview'' under the state of Oregon and adding it, in appropriate

alphabetical order, under the state of Washington.

Sec. 101.4 [Amended]

3. In Sec. 101.4(d), the last sentence is amended by removing the

words ``in a port'' and adding the word ``local'' before the words

``port director''.

PART 132--QUOTAS

1. The general authority citation for part 132 continues to read as

follows:

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

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

* * * * *

Sec. 132.14 [Amended]

2. In Sec. 132.14(a)(4):

a. The introductory text of paragraph (a)(4)(i) is amended by

removing the words ``, the port director'';

b. Paragraph (a)(4)(i)(A) is amended by removing the word ``May''

and adding, in its place, the words ``The port director may'' and by

removing the comma at the end and adding, in its place, a semicolon;

c. Paragraph (a)(4)(i)(B) is amended by removing the word ``Shall''

and adding, in its place, the words ``The port director shall'' and by

removing the word ``, and'' at the end and adding, in its place, a

semicolon;

d. Paragraph (a)(4)(i)(C) is amended by removing the word ``May''

and adding, in its place, the words ``The port director may'' and by

removing the period at the end and adding, in its place, a semicolon

followed by the word ``and'';

e. The introductory text of paragraph (a)(4)(ii) is amended by

removing the words ``, the port director'';

f. Paragraph (a)(4)(ii)(A) is amended by removing the word

``Shall'' and adding, in its place, the words ``The port director

shall'' and by removing the word ``, and'' at the end and adding, in

its place, a semicolon; and

g. Paragraph (a)(4)(ii)(B) is amended by removing the word ``May''

and adding, in its place, the words ``The port director may'' and by

removing the period at the end and adding, in its place, a semicolon

followed by the word ``and''.

PART 146--FOREIGN TRADE ZONES

1. The authority citation for part 146 continues to read as

follows:

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

Harmonized Tariff Schedule of the United States), 1623, 1624.

2. Section 146.1(b) is amended by removing the numerical

designation for each paragraph, alphabetizing the 23 existing entries,

and by adding, in appropriate alphabetical order, the following

definition:

Sec. 146.1 Definitions.

* * * * *

(b) * * *

Port Director. For those foreign trade zones located within the

geographical limits of a port of entry, the term ``port director''

means the director of that port of entry. For those foreign trade zones

located outside the geographical limits of a port of entry, the term

``port director'' means the director of the port of entry

geographically nearest to where the foreign trade zone is located.

* * * * *

3. In the list below, for each section indicated in the left

column, remove the words indicated in the middle column from wherever

they appear in the section, and add, in their place, the words

indicated in the right column; when there are no replacement words, the

``Add'' column will be blank:

[[Page 13675]]

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Section Remove Add

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4.14(b)(2)(ii), (d)(1)(v), and Entry and Carrier Rulings............ Entry Procedures and Carriers

(d)(2)(iii).

4.41(b) and (c).................... in which............................. where

4.80a(d)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers

4.80b(b)........................... Entry and Carrier Rulings............ Entry Procedures and Carriers

10.5 heading....................... district director's.................. port director's

10.37 third sentence............... Tariff Classification Appeals........ Commercial Rulings

10.37 fourth sentence.............. the port directors................... a Fines, Penalties, and Forfeitures

Officer's

10.39(d)(1) first sentence, and (e) port director........................ Fines, Penalties, and Forfeitures

second sentence. Officer

10.39(d)(1) second sentence, (e) Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

introductory text, (e)(1)-(3), and Officer. Officer

(f).

10.172............................. port director........................ the port director

12.8(b)............................ port director........................ Fines, Penalties, and Forfeitures

Officer

12.39(b)(4)........................ the district directors............... port directors

18.8(d) and (e)(2) last sentence... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

18.21(c)........................... collector............................ port director

19.2(a)............................ port director wherein................ director of the port nearest to

where

19.3(a)............................ at a port

in which............................. nearest to where

19.40(b) first sentence............ at a port

in which the facility is located..... in which the facility is located, or

if not within a port's limits,

nearest to where the facility is

located

24.4(h)(2) and (3)................. in any port.......................... at any port

24.36(e)(2)........................ in the same.......................... at the same

101.0.............................. and of............................... and

101.4(a) and (b)................... in which such station or place is under whose jurisdiction the station

located. or place falls

103.0.............................. a disclosure law officer, the the appropriate field officer

director of a service port, or the

local public information officer.

103.1.............................. 1301 Constitution.................... 1300 Pennsylvania

Boston, 100 Summer Street, Suite Boston, 10 Causeway Street, Boston,

1819, Boston, Massachusetts 02110. Massachusetts 02222

103.5(d)........................... 1301 Constitution.................... 1300 Pennsylvania

103.5(d)(2) heading................ Service ports........................ Field offices

103.5(d)(2)........................ at which............................. , or if the records concern the

Office of Investigations, the

special agent in charge, where

103.7(a)........................... 1301 Constitution.................... 1300 Pennsylvania

103.9(b)........................... 1301 Constitution.................... 1300 Pennsylvania

103.31(d)(1)(iii).................. 1301 Constitution.................... 1300 Pennsylvania

103.31(d)(1)(iv)................... Regulations and Disclosure Law Branch Disclosure Law Officer

103.31(d)(2)(iii).................. 1301 Constitution.................... 1300 Pennsylvania

111.13(b).......................... at each district office

111.19(d).......................... Trade Compliance Division............ Office of Field Operations

111.95............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

Officer or other Customs Service. Officer

111.96(c).......................... at each port in which a broker has a at the port through which the broker

permit to do business. was granted the permit

113.14............................. Tariff Classification Appeals........ International Trade Compliance

113.15............................. Tariff Classification Appeals........ International Trade Compliance

113.38(c)(1)....................... Tariff Classification Appeals........ International Trade Compliance

113.38(c)(4)....................... Commercial Rulings................... International Trade Compliance

113.39 introductory text, (a), and port director........................ port director or Fines, Penalties,

(a)(5). and Forfeitures Officer

113.39(a) introductory text........ Tariff Classification Appeals........ International Trade Compliance

113.39(b).......................... district director and regional port director and Fines, Penalties,

commissioner. and Forfeitures Officer

Commercial Rulings................... International Trade Compliance

115.11(b).......................... Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

115.13 introductory text........... Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

115.30............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

115.40............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

115.51............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

115.65............................. Inspection and Control, 1301 Field Operations, 1300 Pennsylvania

Constitution.

122.14(a)(1)....................... regional commissioner, or his director of the port, or his

representative, of the region in. representative, at the port nearest

to

122.165(b)......................... Entry and Carrier Rulings............ Entry Procedures and Carriers

122.176(c) and (d)................. Inspection and Control............... Field Operations

125.42............................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

132.14(a)(4)(i)(D) and port director........................ Fines, Penalties, and Forfeitures

(a)(4)(ii)(C). Officer

133.2 introductory text............ 1301 Constitution.................... 1300 Pennsylvania

133.12 introductory text........... 1301 Constitution.................... 1300 Pennsylvania

133.32 introductory text........... 1301 Constitution.................... 1300 Pennsylvania

134.54(b) and (c).................. Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

145.4(b) and (d)................... Fines, Penalties, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

[[Page 13676]]

146.2.............................. port director where the zone is appropriate port director

located.

146.4(h)........................... port limits.......................... district boundaries

146.6(a) first sentence............ geographically nearest to where the

zone is located

146.83(a).......................... Tariff Classification Appeals........ International Trade Compliance

162.32(a) and (c).................. port director........................ Fines, Penalties, and Forfeitures

Officer

162.42............................. port director........................ Fines, Penalties, and Forfeitures

Officer

162.44(a).......................... director of.......................... Fines, Penalties, and Forfeitures

Officer having jurisdiction at

162.44(b)(1), (b)(1)(ii), (b)(2), port director........................ Fines, Penalties, and Forfeitures

and (c). Officer

162.45(a)(3) and (4) and (c)....... port director........................ Fines, Penalties, and Forfeitures

Officer

162.45(b)(1)....................... in the Customs district and the circulated at the Customs port and

judicial district in which. in the judicial district where

162.45(b)(2)....................... and in the customhouse at the

headquarters port for the Customs

district

162.45a............................ port director........................ Fines, Penalties, and Forfeitures

Officer

162.46(c)(1)....................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.46(d).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.47(a), (d), and (e)............ port director........................ Fines, Penalties, and Forfeitures

Officer

162.48(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.49(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.50(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.50(b) heading.................. districts............................ ports

162.50(b).......................... in another Customs district.......... at another port

in such other district............... at such other port

162.52(b)(2)....................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.52(b)(4)....................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.64............................. director of the port................. Fines, Penalties, and Forfeitures

Officer having jurisdiction

162.65(c), (d), (e) introductory port director........................ Fines, Penalties, and Forfeitures

text, and (e)(1). Officer

162.71(e)(4)....................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.72(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.74(a)(2)....................... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures

Officer. Officer

Fines, Penalties and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

162.74(b), (c), (e), and (f)....... Fines, Penalties and Forfeitures Fines, Penalties, and Forfeitures

Officer. Officer

162.75(c), (d)(1), (d)(2) port director........................ Fines, Penalties, and Forfeitures

introductory text, (d)(2)(i), and Officer

(d)(3).

162.76(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.77(a).......................... port director........................ Fines, Penalties, and Forfeitures

Officer

162.78(a), (b), and (d)............ port director........................ Fines, Penalties, and Forfeitures

Officer

162.79(a) and (b)(1)............... port director........................ Fines, Penalties, and Forfeitures

Officer

162.79b............................ port director........................ Fines, Penalties, and Forfeitures

Officer

171.12(a) and (e).................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.15(a) introductory text........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.15(a)(4)....................... 1301 Constitution.................... 1300 Pennsylvania

171.15(a)(4) and (7)............... Fines, Penalties and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.21 heading and text............ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.22 heading and text............ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.23............................. 1301 Constitution.................... 1300 Pennsylvania

171.31............................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

171.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

heading and text, (b)(2), and (c). Officer. Officer

171.52(d).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

Part 171 Appendix A: III, 9........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

Part 171 Appendix B: (D)(1), (5), Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

and (6). Officer. Officer

Part 171 Appendix B: (D)(6)........ Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer's. Officer's

Part 171 Appendix C: I.A., I.D. and Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Note to I.D.. Officer. Officer

Part 171 Appendix C: I.D. Note and Director, International Trade Chief, Penalties Branch, Customs

I.G. Compliance Division. Headquarters

Part 171 Appendix C: I.E........... Trade Operations..................... Trade Compliance

Regulatory Procedures and Penalties.. International Trade Compliance

Part 171 Appendix C: I.G........... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

Part 171 Appendix C: XIII.......... Field Operations Division, Office of Office of Trade Compliance at

Trade Operations. Headquarters

172.2.............................. Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

172.12(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

172.12(b)(1)....................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

172.21 heading..................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

172.21............................. port director........................ Fines, Penalties, and Forfeitures

Officer

172.22 heading, (b)(3) introductory Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

text, (b)(3)(ii), (d)(2) and (4). Officer. Officer

172.22(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officers. Officers

[[Page 13677]]

172.31(a).......................... Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

Officer. Officer

172.33(a) introductory text, (b)(1) Fines, Penalty, and Forfeiture Fines, Penalties, and Forfeitures

heading and text, (b)(1)(ii), Officer. Officer

(b)(2), and (c)(1).

175.25(c).......................... district director.................... port director

177.2(b)(2)(ii)(C)................. Tariff Classification Appeals........ Commercial Rulings

177.26............................. 1301 Constitution.................... 1300 Pennsylvania

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

Raymond W. Kelley,

Commissioner of Customs.

Approved: February 17, 1999.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 99-6639 Filed 3-19-99; 8:45 am]

BILLING CODE 4820-02-P