[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Rules and Regulations]
[Pages 68164-68165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33855]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 54

[T.D. 98-4]


Technical Change Regarding Duty Free Entry of Metal Articles

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

ACTION: Final rule.

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

SUMMARY: This document amends the Customs Regulations, to conform with 
subheadings 9817.00.80 and 9817.00.90, Harmonized Tariff Schedule of 
the United States, relating to the duty free entry of metal articles 
imported to be used in remanufacture by melting or to be processed by 
shredding, shearing, compacting or similar processing which renders 
them fit only for the recovery of the metal content.

EFFECTIVE DATE: December 31, 1997.

FOR FURTHER INFORMATION CONTACT: Kathy Campanelli, National Commodity 
Specialist, Metals and Machinery Branch, (212) 466-5492.

SUPPLEMENTARY INFORMATION:

Background

    As part of a continuing program to keep its regulations current, 
the Customs Service has determined that a change in Sec. 54.5(a)(2), 
Customs Regulations (19 CFR 54.5(a)(2)), is necessary in order to bring 
the regulations into conformity with subheadings 9817.00.80 and 
9817.00.90, Harmonized Tariff Schedule of the United States (HTSUS), 
relating to the duty free entry of metal articles imported to be used 
in remanufacture by melting or to be processed by shredding, shearing, 
compacting or similar processing which renders them fit only for the 
recovery of the metal content.

[[Page 68165]]

Discussion of Change

    Heading 9817, HTSUS, provides for classes of articles entitled to 
duty free entry into the United States.
    The classes of merchandise encompass unwrought metal including 
remelt scrap ingot (except copper, lead, zinc, and tungsten) in the 
form of pigs, ingots or billets (a) that are defective or damaged, or 
have been produced from melted down metal waste and scrap for 
convenience in handling and transportation without sweetening, 
alloying, fluxing or deliberate purifying, and (b) that cannot be 
commercially used without remanufacture; relaying or rerolling rails; 
and articles of metal (except articles of lead, of zinc or of tungsten, 
and not including metal-bearing materials provided for in section VI, 
chapter 26 or subheading 8548.10 and not including unwrought metal 
provided for in chapters 72-81) to be used in remanufacture by melting 
or to be processed by shredding, shearing, compacting or similar 
processing which renders them fit only for the recovery of the metal 
content.
    Specifically, subheading 9817.00.80, provides for articles of 
copper and subheading 9817.00.90, provides for articles of any other 
metal fitting into one of the above referenced classes.
    Part 54, Customs Regulations (19 CFR Part 54), provides procedures 
for the duty free entry of certain importations. Section 54.5, Customs 
Regulations (19 CFR 54.5) sets forth the scope of several exemptions 
from entitlement to duty free entry of metal articles classified in 
subheadings 9817.00.80 and 9817.00.90, HTSUS. The provision presently 
does not apply to:
    1. Articles of lead, zinc, or tungsten:
    2. Metal-bearing materials provided for in Chapter 26, HTSUS; or
    3. Unwrought metal provided for in Section XV, HTSUS.
    Inasmuch as subheadings 9817.00.80 and 9817.00.90, HTSUS, also 
exclude metal-bearing materials provided for in Section VI, HTSUS, as 
well as articles provided for in subheading 8548.10, HTSUS, 
Sec. 54.5(a)(2), Customs Regulations, must be amended to include these 
exemptions. The amendment rectifies the omission of these exemptions.

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

    Inasmuch as this amendment merely conforms the Customs Regulations 
to existing law as noted above, pursuant to 5 U.S.C. 553(b)(B), notice 
and public procedure thereon are unnecessary and pursuant to 5 U.S.C. 
553(d)(3), a delayed effective date is not required. 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 defined in E.O. 
12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 54

    Customs duties and inspection, Metals, Reporting and recordkeeping 
requirements.

Amendment to the Regulations

    Part 54, Customs Regulations (19 CFR Part 54), is amended as set 
forth below.

PART 54--CERTAIN IMPORTATIONS TEMPORARILY FREE OF DUTY

    1. The general 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), 1623, 1624.

    2. Section 54.5 is amended by revising paragraph (a)(2) to read as 
follows:


Sec. 54.5  Scope of exemptions; nondeposit of estimated duty.

    (a) * * *
    (2) Metal-bearing materials provided for in section VI, Chapter 26 
or subheading 8548.10, HTSUS; or
* * * * *
Douglas M. Browning,
Acting Commissioner of Customs.
    Approved: December 5, 1997.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-33855 Filed 12-30-97; 8:45 am]
BILLING CODE 4820-02-P