[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18346-18349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8745]



=======================================================================
-----------------------------------------------------------------------
[[Page 18347]]

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 7, 11, 12, 18, 19, 24, 54, 101, 102, 111, 114, 123, 
128, 132, 134, 141, 145, 146, 148, 151, 152, 177, 181, and 191

[T.D. 95-29]


Technical Amendments to the Customs Regulations

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Final rule.

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

SUMMARY: This document amends the Customs Regulations by making certain 
technical corrections to various authority citations to reflect 
amendments to the Harmonized Tariff Schedule of the United States made 
by the North American Free Trade Agreement (NAFTA) and the Uruguay 
Round of the General Agreement on Tariffs and Trade (GATT).

EFFECTIVE DATE: April 11, 1995.

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

SUPPLEMENTARY INFORMATION:

Background

    At present, due to certain amendments to the Harmonized Tariff 
Schedule of the United States (HTSUS) that resulted in many of the 
General Notes of the HTSUS being renumbered, many authority citations 
in the Customs Regulations that reference certain General Note 
provisions are no longer accurate.
    In 1994, when the HTSUS was amended to incorporate changes made by 
the North American Free Trade Agreement (NAFTA) (see Presidential 
Proclamation 6641 of December 15, 1993, published in the Federal 
Register on December 20, 1993 (58 FR 66867, 67032)), General Notes 4 
through 9 were redesignated as General Notes 13 through 18, 
respectively, and new General Notes 4 through 12 were added. This 
addition of nine new General Notes caused the General Note numbering 
scheme to change. In 1995, when the HTSUS was again amended to 
incorporate changes necessitated by provisions of the Uruguay Round of 
the General Agreement on Tariffs and Trade (GATT) (see Presidential 
Proclamation 6763 of December 23, 1994, published in the Federal 
Register on January 4, 1995 (60 FR 1007, 1018)), the General Notes were 
modified by renumbering General Notes 13 through 18 as General Notes 16 
through 21, respectively, and inserting new General Notes 13 through 
15. The addition of three more General Notes again caused the General 
Note numbering scheme to change.
    For example, one of the authorities for many Customs Regulations, 
as detailed below, is the General Note which provides that the 
Secretary of the Treasury is authorized to issue rules and regulations 
governing the admission of articles under the provisions of the tariff 
schedule. This General Note was initially designated as General Note 8 
when the Harmonized Tariff Schedule was adopted in 1989, became General 
Note 17 in 1994, and, in 1995, is now designated as General Note 20.
    Customs also cites as authority for many sections detailed below 
the General Note which provides that the Secretary of the Treasury is 
authorized to prescribe methods of ascertainment whenever he finds that 
such methods are necessary for purposes of any law administered by the 
Customs Service. This General Note was initially designated as General 
Note 9 when the Harmonized Tariff Schedule was adopted in 1989, became 
General Note 18 in 1994, and, in 1995, is now designated as General 
Note 21.
    This document updates and corrects those references in the Customs 
Regulations to the HTSUS General Notes.

Discussion of Changes

Part 7

    The authority citation for Part 7 references General Note 8 of the 
HTSUS. Since this General Note is now designated as General Note 20, as 
discussed above, the reference is revised accordingly.

Part 11

    The authority citation for Part 11 references General Note 9 of the 
HTSUS. Since this General Note is now designated as General Note 21, as 
discussed above, the reference is revised accordingly.

Part 12

    The general authority citation for Part 12 references General Note 
17 of the HTSUS. Since this General Note is now designated as General 
Note 20, the reference is revised accordingly.

Parts 18, 19, and 24

    The general authority citation for Parts 18 and 19 reference 
General Note 8 of the HTSUS, and the general authority citation for 
Part 24 references General Note 17 of the HTSUS, both provisions in 
different editions of the HTSUS providing for the regulations authority 
notes discussed above. For the reasons given above, these references 
are revised to read General Note 20. Also, Sec. 24.23(c)(1)(v) 
references General Note 4 of the HTSUS, which deals with exemptions. 
Since this General Note is now designated as General Note 16, the 
reference is revised accordingly.

Parts 54, 101, 102, 111, 114, 123, 128, 132, and 134

    The authority citations for Parts 54, 101, 102, 111, 114, 123, 128, 
132, and 134 reference General Note 8 of the HTSUS. For the reason 
given above, these references are revised to reference General Note 20.

Part 141

    Section 141.4(a) of Part 141 references General Note 4 of the 
HTSUS. For the reason given above, this reference is revised to 
reference General Note 16.

Parts 145, 146, 148, and 151

    The authority citations for Parts 145, 146, 148, and 151 reference 
General Note 8 of the HTSUS. For the reason given above, these 
references are revised to reference General Note 20. Also in Part 151, 
the authority citation references General Note 9 of the HTSUS. For the 
reason given above, this reference is revised to reference General Note 
21.

Part 152

    The specific authority citation for subpart D of Part 152 and 
several provisions of Sec. 152.13 reference General Note 5 of the 
HTSUS, which dealt with the commingling of goods. Since this General 
Note is now designated as General Note 17, the reference is revised 
accordingly.

Parts 177, 181, and 191

    The general authority citations for Parts 177, 181, and 191 
reference General Note 17 of the HTSUS. For the reason given above, 
these references are revised to reference General Note 20.

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 referencing 
errors in the Customs Regulations, 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 [[Page 18348]] 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 
E.O. 12866.

Drafting Information

    The principal author of this document was Gregory R. Vilders, 
Attorney, Office of Regulations and Rulings, Regulations Branch.

Amendments to the Regulations

    The authority citations to those parts of chapter 1 of the Customs 
Regulations (19 CFR chapter 1) listed below are amended as set forth 
below:

PART 7--CUSTOMS RELATIONS WITH INSULAR POSSESSIONS AND GUANTANAMO 
BAY NAVAL STATION

    1. The authority citation for Part 7 is revised to read as follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624; 48 U.S.C. 
1406i.

PART 11--PACKING AND STAMPING; MARKING

    1. The authority citation for Part 11 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 21, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

PART 12--SPECIAL CLASSES OF MERCHANDISE

    1. The general authority citation for Part 12 is revised 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;
* * * * *

PART 18--TRANSPORTATION IN BOND AND MERCHANDISE IN TRANSIT

    1. The general authority citation for Part 18 is revised 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)), 1551, 1552, 
1553, 1624;
* * * * *

PART 19--CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF 
MERCHANDISE THEREIN

    1. The general authority citation for Part 19 is revised 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;
* * * * *

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

    1. The general authority citation for Part 24 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 261, 267, 1202 
(General Note 20, Harmonized Tariff Schedule of the United States 
(HTSUS)), 1450, 1624; 31 U.S.C. 9701, unless otherwise noted.
* * * * *


Sec. 24.23  [Amended]

    2. In Sec. 24.23, the reference in paragraph (c)(1)(v) to ``General 
Note 4'' is revised to read ``General Note 16''.

PART 54--CERTAIN IMPORTATIONS TEMPORARILY FREE OF DUTY

    1. The authority citation for Part 54 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Section XV, Note 
5, Harmonized Tariff Schedule of the United States (HTSUS)), 1623, 
1624.

PART 101--GENERAL PROVISIONS

    1. The authority citation for Part 101 is revised 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 (HTSUS)), 1623, 
1624.

PART 102--RULES OF ORIGIN

    1. The authority citation for Part 102 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624, and the North 
American Free Trade Agreement Implementation Act, Pub.L. 103-182, 
107 Stat. 2057.

PART 111--CUSTOMS BROKERS

    1. The general authority citation for Part 111 is revised to read 
as follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624, 1641;
* * * * *

PART 114--CARNETS

    1. The authority citation for Part 114 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624.

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 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1624;
* * * * *

PART 128--EXPRESS CONSIGNMENTS

    1. The authority citation for Part 128 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1321, 1484, 1498, 
1551, 1555, 1556, 1565, 1624.

PART 132--QUOTAS

    1. The authority citation for Part 132 is revised to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1623, 1624.

PART 134--COUNTRY OF ORIGIN MARKING

    1. The authority citation for Part 134 is revised 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)), 1304, 
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. 141.4  [Amended]

    2. In Sec. 141.4, the reference in paragraph (a) to ``General Note 
4'' is revised to read ``General Note 16''.

PART 145--MAIL IMPORTATIONS

    1. The general authority citation for Part 145 is revised to read 
as follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *

PART 146--FOREIGN TRADE ZONES

    1. The general authority citation for Part 146 is revised to read 
as follows:

    Authority:  19 U.S.C. 66, 81a-81u, 1202 (General Note 20, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1623, 
1624;
* * * * * [[Page 18349]] 

PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS

    1. The general authority citation for Part 148 is revised 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 (HTSUS));
* * * * *

PART 151--EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE

    1. The general authority citation for Part 151 is revised to read 
as follows:

    Authority:  19 U.S.C. 66, 1202 (General Notes 20 and 21, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624. 
Subpart A also issued under 19 U.S.C. 1499. * * *
* * * * *

PART 152--CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE

    1. The general authority citation for Part 152 is unchanged, but 
the specific authority for subpart D and for Secs. 152.13 and 152.24 
are revised, to read as follows:

    Authority:  19 U.S.C. 66, 1401a, 1500, 1502, 1624;
* * * * *
    Subpart D also issued under 19 U.S.C. 1202 (General Note 17, 
Harmonized Tariff Schedule of the United States (HTSUS));
* * * * *
    Sections 152.13 and 152.24 also issued under 19 U.S.C. 1202 
(General Note 17, Harmonized Tariff Schedule of the United States 
(HTSUS)).


Sec. 152.13  [Amended]

    2. In Sec. 152.13, the reference in paragraphs (b)(1), (b)(2), (c) 
introductory text, (c)(1), (c)(2), (c)(3), and (d) to ``General Note 
5'' is revised to read ``General Note 17''.

PART 177--ADMINISTRATIVE RULINGS

    1. The general authority citation for Part 177 is revised 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;
* * * * *

PART 181--NORTH AMERICAN FREE TRADE AGREEMENT

    1. The authority citation for Part 181 is revised to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1624, and the North 
American Free Trade Agreement Implementation Act, Pub. L. 103-182, 
107 Stat. 2057.

PART 191--DRAWBACK

    1. The general authority citation for Part 191 is revised 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)), 1313, 
1624;
* * * * *
    Dated: April 4, 1995.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 95-8745 Filed 4-10-95; 8:45 am]
BILLING CODE 4820-02-P