[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Proposed Rules]
[Pages 24374-24375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11545]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 111 and 163
RIN 1515-AB77
Recordkeeping Requirements; Correction
AGENCY: Customs Service, Department of the Treasury.
ACTION: Notice of proposed rulemaking, correction.
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SUMMARY: This document makes corrections to the document published in
the Federal Register on April 23, 1997, which set forth proposed
amendments to the Customs Regulations relating to recordkeeping.
FOR FURTHER INFORMATION CONTACT: Stan Hodziewich, Regulatory Audit
Division, Washington, D.C. at (202-927-0999) or Howard Spencer,
Regulatory Audit Division, Atlanta Branch at (770-994-2273, Ext.158).
SUPPLEMENTARY INFORMATION:
Background
On April 23, 1997, Customs published in the Federal Register (62 FR
19704) a Notice of Proposed Rulemaking which covered recordkeeping
requirements and reflected legislative changes to the Customs laws
regarding recordkeeping, examination of books and witnesses, regulatory
audit procedures and judicial enforcement. These statutory amendments
are contained in the Customs Modernization provisions of the North
American Free Trade Agreement Implementation Act. This document
corrects some errors published in the NPRM.
Several errors involved the discussion under the SUPPLEMENTARY
INFORMATION portion of the document. As part of the background
discussion under the heading ``Recordkeeping Requirements'', in the
center column of page 19705, in the first full paragraph which refers
to section 163.4 and discusses drawback documentation retention
requirements, the document misstates the period of time that drawback
records may be necessary to be retained. Customs did not include the
three-year period after exportation that the claimant could wait before
filing the drawback claim in setting forth the number of years
necessary to retain drawback documentation. Thus, the second sentence
of the first full paragraph in the center column on page 19705 is
incorrect. A drawback claimant has the ability to file a claim up to
almost eight years from the date of importation: the export on which
the claim is made may occur up to five years from the date of
importation and the claim can be filed within three years from the date
of exportation. The recordkeeping requirement runs from the date of
payment, including a payment made under the accelerated payment
program. If the claimant takes advantage of the full eight-year period
and Customs pays the claim under the accelerated payment program, the
supporting record must be kept three years from the payment date: a
period
[[Page 24375]]
of about eleven years from the date of importation.
It is noted that the same sentence discussed above on page 19705
also contains a typographical error by repeating the same clause that
is being corrected in this document twice at the end of the sentence.
An additional error occurred in the ``Other Sections Affected''
portion of the background discussion. In the third column of page
19706, in the second full paragraph, the document refers to the
definition of records in ``Sec. 111.1(f)''. The listing of definitions
in Sec. 111.1 has been alphabetized and the reference to paragraph (f)
was inadvertently retained. It should be removed. This oversight was
also repeated in the text of the proposed amendment itself. In the
center column of page 19708, in the proposed amendment of
Sec. 111.23(a), the reference to Sec. 111.1(f) should read simply
Sec. 111.1.
Corrections of Publication
Accordingly, the document (FR Doc. 97-10130) published in the
Federal Register on April 23, 1997 (62 FR 19704) is corrected as set
forth below:
Corrections of the Background Section
1. On page 19705, in the center column in the first full paragraph,
the second sentence should be removed and in its place, the following
should be inserted: ``It is noted that with this retention period for
drawback records, it is possible that the total retention requirement
for drawback records could extend to about eleven years from the date
of importation. (A drawback claimant has the ability to file a claim up
to almost eight years from the date of importation: the export on which
the claim is made may occur up to five years from the date of
importation and the claim can be filed within three years from the date
of exportation. The recordkeeping requirement runs from the date of
payment, including a payment made under the accelerated payment
program. If the claimant takes advantage of the full eight-year period
and Customs pays the claim under the accelerated payment program, the
supporting records must be kept three years from that payment date: a
period of about eleven years from the date of importation.)''
2. On page 19706, in the third column, in the second full
paragraph, in the fourth line, the reference to ``records in
Sec. 111.1(f)'' is corrected to read ``records in Sec. 111.1''.
Correction to Proposed Regulation
1. On page 19708, in the center column, in Sec. 111.23(a)(1), in
the second and third lines, the phrase ``defined in Sec. 111.1(f)'' is
corrected to read ``defined in Sec. 111.1''.
Dated: April 29, 1997.
Stuart P. Seidel,
Assistant Commissioner, Office of Regulations and Rulings.
[FR Doc. 97-11545 Filed 5-2-97; 8:45 am]
BILLING CODE 4820-02-P