[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27906]


[[Page Unknown]]

[Federal Register: November 10, 1994]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 133

[T.D. 94-90]

 

Technical Corrections to the Customs Regulations Relating to 
Customs Modernization

AGENCY: U.S. 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 one of the Customs Modernization 
provisions of the North American Free Trade Agreement Implementation 
Act, which went into effect when signed on December 8, 1993. The 
changes involve the time period that Customs must retain goods seized 
for certain intellectual property violations before the goods can be 
sold.

EFFECTIVE DATE: November 10, 1994.

FOR FURTHER INFORMATION CONTACT: George F. McCray, Intellectual 
Property Rights Branch, at 202-482-6960.

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). One of the changes effected by this legislation was an amendment 
to 19 U.S.C. 1526(e)(3), which involves the time period for retention 
of goods seized by Customs for certain intellectual property rights 
violations. Section 663 of the NAFTA Act amended 19 U.S.C. 1526(e)(3) 
to allow Customs to sell merchandise bearing a counterfeit trademark at 
a public auction 90 days after the forfeiture of the merchandise if 
Customs has determined that a need for the merchandise has not been 
established by any federal, state, or local government or eleemosynary 
institution. Prior to this amendment, the statute had required Customs 
to wait more than one year before the sale of the merchandise by 
appropriate Customs officers.
    As a result of the changes in 19 U.S.C. 526(e)(3), corresponding 
changes are required in the Customs Regulations, in Sec. 133.52(c)(3) 
(19 CFR 133.52(c)(3)).

Discussion of Changes

    In 19 CFR 133.52(c)(3), the time period is changed from ``one 
year'' to ``90 days,'' and the entity responsible for the sale is 
changed from ``the Commissioner or his designee'' to ``the Customs 
Service.''

Inapplicability of Public Notice and Comment Requirements, Delayed 
Effective Date Reguirements, 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.(a)(2) and (b)(3)(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. (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 the 
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 Janet L. Johnson, 
Regulations Branch. However, personnel from other offices participated 
in its development.

List of Subjects in 19 CFR Part 133

    Copyright, Customs duties and inspection, Imports, Reporting and 
recordkeeping requirements, Trade names, Trademarks.

Amendments to the Regulations

    Part 133 of the Customs Regulations (19 CFR Part 133) is amended as 
set forth below:

PART 133--TRADEMARK, TRADE NAMES AND COPYRIGHTS

    1. The general authority citation for Part 133 continues to read 
and specific authority for Sec. 133.52 is added to read as follows:

    Authority: 17 U.S.C. 101, 601, 602, 603; 19 U.S.C. 66, 1624; 31 
U.S.C. 9701.
* * * * *
    Section 133.52 also issued under 19 U.S.C. 1526;
* * * * *


Sec. 133.52  [Amended]

    2. Section 133.52(c)(3) is amended by removing the words ``1 year'' 
in the first sentence and adding in their place ``90 days''; and 
removing the words ``Commissioner or his designee'' wherever they 
appear and adding in their place the words ``Customs Service''.
George J. Weise,
Commissioner of Customs.
    Approved: October 24, 1994.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-27906 Filed 11-9-94; 8:45 am]
BILLING CODE 4820-02-P