[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6531]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4, 123, 141 and 173

[T.D. 94-24]
RIN 1515-AB36

 

Technical Corrections to the Customs Regulations Relating to 
Customs Modernization

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 necessitated by the Customs Modernization 
provisions of the North American Free-Trade Agreement Implementation 
Act (the NAFTA Act), which went into effect when signed on December 8, 
1993. All corrections are to legal authority citations, which do not 
involve changes in substantive legal requirements. All vessel and entry 
clearance regulatory provisions remain in effect.

EFFECTIVE DATE: March 21, 1994.

FOR FURTHER INFORMATION CONTACT: Gregory R. Vilders, Regulations Branch 
(202) 482-6930.

SUPPLEMENTARY INFORMATION:

Background

    The Customs Modernization provisions contained in Title VI of the 
North American Free-Trade Agreement Implementation Act of 1993, Public 
Law 103-182, 107 Stat. 2057 (the NAFTA Act), went into effect when the 
NAFTA Act was signed on December 8, 1993 (Section 692 of the NAFTA 
Act). Two provisions of the NAFTA Act require that technical 
corrections be made to the Customs Regulations immediately: Sections 
618 and 690. Sections 618 and 690 repeal more than 50 provisions in 
titles 19, 26, and 46 of the United States Code and the Revised 
Statutes of the United States to streamline and allow for the 
automation of Customs commercial operations; however, it should be 
noted that the legal requirements pertaining to vessel entry and 
clearance remain in effect under other statutory provisions.

Repealed Provisions

    In title 19 of the U.S. Code, 22 sections were repealed: Sections 
432, 435, 437, 439, 440, 443, 444, 445, 465, 482, 521, 583, and 585 of 
the Tariff Act of 1930 (19 U.S.C. 1432, 1435, 1437, 1439, 1440, 1443, 
1444, 1445, 1465, 1482, 1521, 1583, and 1585), and sections 3111, 3118, 
3119, 3122, 3124, 3125 of the Revised Statutes of the United States (19 
U.S.C. 282, 286, 287, 290, 291, 292), the last undesignated paragraph 
of Section 201 of the Act of August 5, 1935 (19 U.S.C. 1432a), the Act 
of June 16, 1937 (19 U.S.C. 1435b), and so much of Section 2792 of the 
Revised Statutes of the United States as was codified at 19 U.S.C. 289 
and 46 U.S.C. app. 110 and 112 on December 8, 1993 (the date this Act 
was enacted).
    In title 26 of the U.S. Code, a note to Section 4461, relating to 
Section 1403(b) of the Water Resources Development Act of 1986 (Public 
Law 99-662, 26 U.S.C. 4461 note), was repealed.
    In title 46 of the U.S. Code, more than 20 sections were repealed: 
Sections 4198, 4199, 4201, 4208, 4213, 4222, 4306, 4307, 4308, 4332, 
4348, 4358, 4361, 4362 through 4369, 4573 through 4576 of the Revised 
Statutes of the United States (46 U.S.C. app. 94, 93, 96, 102, 101, 
126, 351 through 353, 274, 293, 306, 307, 308 through 315, 674 through 
677), and Section 4207 of the Revised Statutes of the United States, 
Section 1 of the Act of February 10, 1900 (46 U.S.C. app. 131), Section 
2 of the Act of April 29, 1908 (46 U.S.C. app. 127), Section 1 of the 
Act of July 1, 1916 (46 U.S.C. app. 130) Sections 1 and 2 of the Act of 
July 3, 1926 (46 U.S.C. app. 293a and 293b), the Act of May 4, 1934 (46 
U.S.C. app. 91a), and so much of Section 4221 as was codified at 46 
U.S.C. app. 113 on December 8, 1993 (the date this Act was enacted).

Continued Authority for Regulatory Requirements and Regulatory Changes

    Repeal of these statutory provisions affects the following four 
parts of the Customs Regulations: Parts 4, 123, 141, and 173 (19 CFR 
parts 4, 123, 141, and 173). However, continued legal authority for 
existing vessel entry and clearance regulatory provisions is found at 
19 U.S.C. 1431, 1433, 1434, 1436 and/or 46 U.S.C. app. 91, as amended. 
(See, Section 611 of the NAFTA Act, which amends 19 U.S.C. 1436, and 
Section 686 of the NAFTA Act, which amends Section 4197 of the Revised 
Statutes, as amended (46 U.S.C. app. 91) and deletes certain obsolete 
language from other provisions, to consolidate vessel clearance 
requirements, establish the basic requirements for clearance, and 
specify circumstances when all requirements need not be met. Further, 
Section 686 amends 46 U.S.C. app. 91 to give the Secretary authority to 
prescribe by regulation the manner in which clearance is to be 
obtained, including the documents, data, or information which must be 
submitted or electronically transmitted to obtain clearance).
    In part 4, the legal authority references for the following 14 
sections are amended: Sections 4.3, 4.6, 4.7, 4.7a, 4.9, 4.12, 4.15, 
4.16, 4.39, 4.81, 4.84, 4.85, 4.86, 4.94 (19 CFR Sections 4.3, 4.6, 
4.7, 4.7a, 4.9, 4.12, 4.15, 4.16, 4.39, 4.81, 4.84, 4.85, 4.86, 4.94). 
The general authority citation for part 4 is also amended.
    In part 123, the legal authority reference for Section 123.11 (19 
CFR 123.11) is amended.
    In part 141, a legal reference cited in Section 141.83 (19 CFR 
141.83) is amended.
    In part 173, the general legal authority for the part is amended.
    These various sections are amended to correct the legal authority 
citations by deleting references to those provisions repealed by the 
NAFTA Act wherever they are cited as an underlying statutory authority 
for the regulatory provision. It should also be noted that further 
amendments to the Customs Regulations will be made in the near future 
to conform them to other changes mandated by the Customs Modernization 
provisions of the NAFTA Act.
    Following is a summary of the present regulatory changes:

Discussion of Changes

Part 4

    1. The specific authority citations for Secs. 4.6, 4.15, and 4.16 
are deleted because they reference 19 U.S.C. 1585, 46 U.S.C. app. 310, 
and 19 U.S.C. 1435b, respectively, as the only other authority for 
their provisions, and these provisions were repealed by section 690 of 
the NAFTA Act. While continued authority for these regulatory 
provisions is found at 19 U.S.C. 1433, 1434, and 46 U.S.C. app. 91, the 
reference to this continued authority is carried under the general 
authority citation for part 4, which is revised to include sections 
1433 and 1434 of title 19, and section 91 of title 46.
    2. The specific authority citations for Secs. 4.3, 4.7, 4.7a, 4.9, 
4.12, 4.39, 4.81, 4.84, 4.85, 4.86, and 4.94 are revised because they 
variously reference sections in title 19--section 1432, 1435, 1437, 
1439, 1440, 1443, 1444, 1465, 1583--and/or sections in title 46--313, 
314, 674--that were repealed by section 690 of the NAFTA Act. 
Accordingly, the repealed statute is deleted from the specific 
authority citation. While continued authority for these regulatory 
provisions is found at 19 U.S.C. 1431, 1433, 1434, and/or 46 U.S.C. 
app. 91, the reference to this continued authority is carried under the 
general authority citation to part 4, which is further revised to 
include section 1431 of title 19.
    3. In Sec. 4.3(a), footnote 10 is deleted because it carries text 
of 46 U.S.C. app. 91a, which was repealed by section 690 of the NAFTA 
Act. While continued authority for this regulatory provision is found 
at 19 U.S.C. 1434 and/or 46 U.S.C. app. 91, for the reason given at 1 
above, such reference is carried under the general authority citation 
to part 4.
    4. In Sec. 4.9, the reference to 19 U.S.C. 1435 is deleted from 
paragraphs (a) and (c) because section 1435 was repealed by section 690 
of the NAFTA Act. As the entry and certification requirements are now 
consolidated under the provisions of 19 U.S.C. 1434, paragraphs (a) and 
(c) are revised to reference section 1434.
    5. In Sec. 4.15(a), the first and second paragraphs of footnote 28 
are deleted because they carry text of 46 U.S.C. app. 310 and text of 
46 U.S.C. app. 311, respectively, both of which were repealed by 
section 690 of the NAFTA Act. Although continued authority for this 
regulatory provision is found at 19 U.S.C. 1433 and/or 46 U.S.C. app. 
91, for the reason given at 1 above, such reference is carried under 
the general authority citation to part 4.
    6. In Sec. 4.60(a), the second paragraph of footnote 90 is deleted 
because it carries text of 46 U.S.C. app. 91a, which was repealed by 
section 690 of the NAFTA Act. However, because the second paragraph of 
footnote 90 also carries a cross-reference to Sec. 4.87 of the Customs 
Regulations (19 CFR 4.87), the cross-reference is maintained. Continued 
authority for this regulatory provision is found at 46 U.S.C. app. 91.
     7. In Sec. 4.85, footnotes 116 and 117 are deleted because they 
carry text of 19 U.S.C. 1443 and 1445 (in paragraphs (a) and (b)), and 
text of 19 U.S.C. 1444 (in paragraph (c)), respectively, which were 
repealed by section 690 of the NAFTA Act. Although continued authority 
for this regulatory provision is found at 19 U.S.C. 1433 and 1436 and/
or 46 U.S.C. app. 91, for the reason given at 1 above, such reference 
is carried under the general authority citation to part 4.
    8. In Sec. 4.94, the parenthetical legal authority citations at the 
end of the section are removed because they are duplicative; the legal 
authority for this section is already enumerated under the specific 
authority citation section at the beginning of the part (recall the 
revision of this specific authority section discussed under paragraph 2 
above).

Part 123

    9. The specific authority citation for Sec. 123.11 is deleted 
because it references 19 U.S.C. section 1465 as the only other 
authority for its provision, and this provision was repealed by section 
690 of the NAFTA Act. While continued authority for this regulatory 
provision is found at 19 U.S.C. 1431, the reference to this continued 
authority is carried under the general authority citation for part 123, 
which is revised to include Sec. 1431.

Part 141

    10. In Sec. 141.83, the reference to 19 U.S.C. 1465 in paragraph 
(d)(11) is deleted because section 1465 was repealed by section 690 of 
the NAFTA Act.

Part 173

    11. In the general authority citation for part 173, the reference 
to 19 U.S.C. 1521 is deleted because section 1521 was repealed by 618 
of the NAFTA Act.

Inapplicability of Public Notice and Comment Requirements, Delayed 
Effective Date Requirements, the Regulatory Flexibility Act, and 
Executive Order 12866

    Inasmuch as these amendments merely conform the Customs Regulations 
to existing law, 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 reason, good cause exists for dispensing with 
the requirement for 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 specified in Executive Order 12866.

Drafting Information

    The principal author of this document was Gregory R. Vilders, 
Regulations Branch. However, personnel from other offices participated 
in its development.

List of Subjects

19 CFR Part 4

    Bonds, Cargo vessels, Customs duties and inspection, Fishing 
vessels, Imports, Maritime carriers, Merchandise, Passenger vessels, 
Reporting and recordkeeping requirements, Vessels, Yachts.

19 CFR Part 123

    Administrative practice and procedure, Bonds, Canada, Customs 
duties and inspection, Freight, Imports, Mexico, Railroads, Reporting 
and recordkeeping requirements, Vehicles, Vessels.

19 CFR Part 141

    Customs duties and inspection, Entry procedures, Invoices, 
Reporting and recordkeeping requirements.

19 CFR Part 173

    Administrative practice and procedure, Customs duties and 
inspection.

Amendments to the Regulations

    Parts 4, 123, 141, and 173 of the Customs Regulations (19 CFR parts 
4, 123, 141, and 173) are amended as set forth below:

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

    1. The general authority citation for part 4 is revised 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;

    2. The specific authority references for Secs. 4.6, 4.15, and 4.16 
are removed, and the specific authority citations for Secs. 4.3, 4.7, 
4.7a, 4.9, 4.12, 4.39, 4.81, 4.84, 4.85, 4.86, and 4.94 are revised to 
read as follows:
* * * * *
    Section 4.3 also issued under 19 U.S.C. 288, 1441; 46 U.S.C.app. 
111;
* * * * *
    Section 4.7 also issued under 19 U.S.C. 1581(a); 46 U.S.C.app. 
883a, 883b;
    Section 4.7a also issued under 19 U.S.C. 1498, 1584;
* * * * *
    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 4.39 also issued under 19 U.S.C. 1446;
* * * * *
    Section 4.81 also issued under 19 U.S.C. 1442, 1486; 46 U.S.C. 
251, 883;
* * * * *
    Section 4.84 also issued under 46 U.S.C.app. 883-1;
    Section 4.85 also issued under 19 U.S.C. 1442, 1623;
    Section 4.86 also issued under 19 U.S.C. 1442;
* * * * *
    Section 4.94 also issued under 19 U.S.C. 1441; 46 U.S.C.app. 
104;
* * * * *


Sec. 4.3  [Amended]

    3. In Sec. 4.3, paragraph (a) is amended by removing and reserving 
footnote 10.


Sec. 4.9  [Amended]

    4. In Sec. 4.9, paragraph (a) is amended by removing the reference 
``section 435, Tariff Act of 1930 (19 U.S.C. 1435)'' in the fourth 
sentence and adding, in its place, the reference ``section 434, Tariff 
Act of 1930 (19 U.S.C. 1434)''; and paragraph (c) is amended by 
removing the reference ``section 435, Tariff Act of 1930 (19 U.S.C. 
1435)'' and adding, in its place, the reference ``section 434, Tariff 
Act of 1930 (19 U.S.C. 1434)''.


Sec. 4.15  [Amended]

    5. In Sec. 4.15, paragraph (a) is amended by removing the first two 
paragraphs of footnote 28.


Sec. 4.60  [Amended]

    6. In Sec. 4.60, paragraph (a) is amended by removing the last 
paragraph in footnote 90 and adding, in its place, the reference ``(For 
clearance via domestic ports, see Sec. 4.87).''.


Sec. 4.85  [Amended]

    7. In Sec. 4.85, footnote 116 and footnote 117 are removed and 
reserved.


Sec. 4.94  [Amended]

    8. In Sec. 4.94 the parenthetical legal authority citations at the 
end of the section are removed.

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The general authority citation for part 123 is revised to read 
as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 8, Harmonized Tariff 
Schedule of the United States (HTSUS)), 1431, 1624;
* * * * *

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for part 141 continues to read as 
follows:

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


Sec. 141.83  [Amended]

    2. In Sec. 141.83, paragraph (d)(11) is amended by removing the 
words ``465 or'' and ``1465 or''.

PART 173--ADMINISTRATIVE REVIEW IN GENERAL

    1. The general authority citation for part 173 is revised to read 
as follows:

    Authority: 19 U.S.C. 66, 1501, 1520, 1624.
Samuel H. Banks,
Acting Commissioner of Customs.
    Approved: March 1, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-6531 Filed 3-18-94; 8:45 am]
BILLING CODE 4820-02-P