[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Rules and Regulations]
[Pages 1122-1123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-376]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 162
[T.D. 99-4]
RIN 1515-AC33
Mandatory Seizure of Certain Plastic Explosives
AGENCY: Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations regarding the
types of merchandise that are required to be seized and forfeited if
introduced or attempted to be introduced into the United States
contrary to law. The Customs Regulations reflect the statutory list of
such merchandise set forth in 19 U.S.C. 1595a(c)(1). That statute was
amended to add plastic explosives not containing a detection agent to
the list of merchandise required to be seized and forfeited. This
document conforms the Customs Regulations to that statutory change.
EFFECTIVE DATE: January 8, 1999.
FOR FURTHER INFORMATION CONTACT: Todd J. Schneider, Penalties Branch,
202-927-1694.
SUPPLEMENTARY INFORMATION:
[[Page 1123]]
Background
Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1))
sets forth a list of merchandise which, if introduced or attempted to
be introduced into the United States contrary to law, are required to
be seized and forfeited.
Section 162.23(a), Customs Regulations (19 CFR 162.23(a)), reflects
the list of merchandise that must be mandatorily seized if introduced
or attempted to be introduced into the United States contrary to law as
set forth in 19 U.S.C. 1595a(c).
Title VI, section 606 of Pub. L. 104-132, the ``Antiterrorism and
Effective Death Penalty Act of 1996,'' amended 19 U.S.C. 1595a(c)(1),
effective April 24, 1997, to add to the list of merchandise required to
be seized, merchandise that ``is a plastic explosive, as defined in
section 841(q) of Title 18, United States Code, which does not contain
a detection agent, as defined in section 841(p) of such title.'' This
amendment was made to implement the Convention on the Marking of
Plastic Explosives for the Purpose of Detection, which the United
States entered into at Montreal, Canada, in 1991.
This document amends Sec. 162.23(a), Customs Regulations, to
reflect that amendment to 19 U.S.C. 1595a(c)(1).
Inapplicability of Public Notice and Comment Requirements and
Delayed Effective Date Requirements
Inasmuch as this amendment merely conforms the Customs Regulations
to existing law, pursuant to 5 U.S.C. 553(b)(3)(B), good cause exists
for dispensing with notice and public procedure for this amendment as
they are unnecessary. For the same reason, pursuant to 5 U.S.C.
553(d)(3), a delayed effective date is not required.
Regulatory Flexibility Act and Executive Order 12866
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
This document does not meet the criteria for a significant
regulatory action under Executive Order 12866.
Drafting Information: The principal author of this document was
Janet 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 162
Customs duties and inspection, Imports, Inspection, Law
enforcement, Prohibited merchandise, Restricted merchandise, Seizures
and forfeitures.
Amendment to the Regulations
For the reasons set forth in the preamble, part 162 of the Customs
Regulations (19 CFR part 162) is amended as set forth below.
PART 162--INSPECTION, SEARCH AND SEIZURE
1. The general authority citation for part 162 and the specific
authority citation for Sec. 162.23 continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1624.
* * * * *
Section 162.23 also issued under 19 U.S.C. 1595a(c).
* * * * *
2. Section 162.23(a) is amended by removing the word ``or'' at the
end of paragraph (a)(2); by removing the period at the end of paragraph
(a)(3) and adding ``; or'' in its place; and by adding a new paragraph
(a)(4) to read as follows:
Sec. 162.23 Seizure under section 596(c) Tariff Act of 1930, as
amended (19 U.S.C. 1595a(c)).
(a) Mandatory seizures. * * *
* * * * *
(4) A plastic explosive, as defined in section 841(q) of title 18,
United States Code, which does not contain a detection agent, as
defined in section 841(p) of that title.
* * * * *
Approved: December 1, 1998.
Raymond W. Kelly,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-376 Filed 1-7-99; 8:45 am]
BILLING CODE 4820-02-P