[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Rules and Regulations]
[Pages 8765-8768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2784]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 10, 12, 19, 103, 111, 112, 143, 146, 178, and 191

[T.D. 01-14]


Technical Amendments to the Customs Regulations

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations by correcting 
various referencing and typographical errors, and by making certain 
editorial changes to improve the clarity of the regulations. None of 
these technical corrections involve changes in substantive legal 
requirements.

EFFECTIVE DATE: February 2, 2001.

FOR FURTHER INFORMATION CONTACT: Greg Rogers, Investigative Services, 
Office of Investigations, (202) 927-0525; or Mike Craig, Chief, Broker 
Management Program, Office of Field Operations, (202) 927-1684.

SUPPLEMENTARY INFORMATION:

Background

    It is Customs policy to periodically review its regulations to 
ensure that they are as accurate and up-to-date as possible, so that 
the importing and general public are aware of Customs programs, 
requirements, and procedures regarding import-related activities. As 
part of this review policy, Customs has determined that certain changes 
affecting parts 10, 12, 19, 103, 111, 112, 143, 146, 178, and 191 of 
the Customs Regulations (19 CFR parts 10, 12, 19, 103, 111, 112, 143, 
146, 178, and 191) are necessary to correct referencing and 
typographical errors, or to improve the clarity of the regulations. 
Following is a summary of these changes:

Discussion of Changes

Fingerprint Form References

    In T.D. 93-18 (published in the Federal Register on March 24, 1993, 
at 58 FR 15770), Customs amended several sections of the Customs 
Regulations (19 CFR chapter I) to clarify Customs position regarding 
the submission of fingerprints when individuals apply for certain 
occupations or request various identification cards necessitating a 
fingerprint records check. Six sections of the Customs Regulations that 
pertain to employment or licensing matters were amended; five 
specifying that a particular fingerprinting form was to be used to 
collect the fingerprints. The Standard Form (SF) 87 fingerprint form 
was specified at Secs. 19.2(f), 111.12(a), 112.42, and Sec. 146.6(a) of 
the Customs Regulations (19 CFR 19.2(f), 111.12(a), 112.42, and 
146.6(a)), and the form FD 258 fingerprint form was specified at 
Sec. 122.182(d). It has come to Customs attention that designating the 
SF 87 for fingerprinting purposes at Secs. 19.2(f), 111.12(a), 112.42, 
and Sec. 146.6(a) is in error. This document corrects those errors and 
explains the reason different forms are used to collect fingerprints.
    The government uses different fingerprint forms for different 
purposes. The Federal Bureau of Investigation, which processes all 
requests for fingerprint information, uses different form numbers and 
color codes of forms based on the reason the background check is to be 
performed. The FD 258 is used for background checks for a non-
government position, such as when the government provides a license to 
a private party. The SF 87 is used when a background check is required 
for Federal employment or a security clearance.
    The provisions of Sec. 19.2(f) pertain to an application for a 
Customs warehouse bond. The provisions of Sec. 111.12(a) pertain to an 
application for a Customs broker's license. The provisions of 
Sec. 112.42 pertain to an application for an identification card for a 
licensed cartman or lighterman. The provisions of Sec. 146.6(a) pertain 
to an application to activate a foreign trade zone. None of these 
provisions pertain to Federal employment or to a security clearance. 
Thus, the use of the FD 258, and not the SF 87, is appropriate. 
Accordingly, the references at Secs. 19.2(f), 111.12(a), 112.42, and 
Sec. 146.6(a) to the SF 87 will be replaced by a reference to the FD 
258. Also, because Customs is beginning to collect fingerprints 
electronically at certain locations, a proviso allowing for electronic 
fingerprints will also be added to these sections.

[[Page 8766]]

Environmental Protection Agency (EPA) Requirements

    Section 12.73 of the Customs Regulations (19 CFR 12.73) pertains to 
motor vehicle and engine compliance with Federal antipollution emission 
requirements. Paragraph (d) of this section pertains to when 
individuals and businesses must import certain motor vehicles through 
an independent commercial importer (ICI). This provision was amended in 
T.D. 88-40 ostensibly to provide that only ICIs with valid 
Environmental Protection Agency (EPA) certificates of conformity could 
import nonconforming vehicles or engines. Individuals or businesses who 
previously could import nonconforming vehicles or engines are now 
required to arrange for such importations through an ICI certificate 
holder. However, the regulatory text adopted was overbroad in its reach 
and provided, in relevant part, that ``* * * an individual or business 
* * * may not enter a motor vehicle to which EPA emission requirements 
apply.'' (Emphasis supplied.) The language is changed in this paragraph 
to clarify that individuals or businesses may import vehicles into the 
United States that conform with EPA emission requirements and that ICIs 
are required only if the vehicles do not conform to EPA requirements.
    Section 12.74 of the Customs Regulations (19 CFR 12.74) pertains to 
nonroad engine compliance with Federal antipollution emission 
requirements. Paragraph (b)(2) of this section pertains to the 
retention and submission of records to Customs. The paragraph 
references Sec. 162.1c of the Customs Regulations. In T.D. 98-56 (63 FR 
32946) Customs amended the recordkeeping requirements formerly 
contained in part 162 by creating a new part 163. Record retention 
requirements are now set forth in Sec. 163.4. This document corrects 
the reference in Sec. 12.74(b)(2).

Customs Brokers Permits

    Section 111.19 of the Customs Regulations (19 CFR 111.19), as 
amended by T.D. 00-17, published in the Federal Register on March 15, 
2000 (65 FR 13880), discusses both district permits and national 
permits for Customs brokers. At paragraph (e) of this section a 
reference is made to an application for ``a permit''. It is unclear in 
this paragraph whether the reference is to a district permit or a 
national permit. This document clarifies that the paragraph relates to 
a district permit.

Miscellaneous Referencing and Typographical Errors

    In Sec. 10.31, the third sentence of paragraph (a)(1) is supposed 
to be the last sentence of that paragraph; however, a period was 
inadvertently placed after a reference to a Customs Form description, 
instead of a comma, effectively making the remaining text a fourth 
sentence. The punctuation error is now corrected.
    In Sec. 103.31, the third sentence of paragraph (e) makes reference 
to Sec. 103.14(d). Section 103.14 was redesignated as Sec. 103.31 in 
T.D. 96-36. Customs inadvertently failed to conform the reference 
within the sentence to the redesignated Sec. 103.31. Accordingly, the 
reference in Sec. 103.31 to Sec. 103.14(d) is now corrected.
    Section 143.1(a) references a definition for Customs brokers at 
Sec. 111.1(b). Because of the publication of T.D. 00-17 discussed 
above, there are no longer lettered paragraphs at Sec. 111.1; the words 
and phrases defined are merely listed alphabetically. Accordingly, the 
reference in Sec. 143.1(a) to the definition for Customs brokers at 
Sec. 111.1(b) is corrected to read Sec. 111.1.
    Section 178.2 describes Customs information collections and lists 
the control numbers assigned by the Office of Management and Budget for 
these information collections. The entry for Sec. 103.14 is in error, 
because this provision was redesignated as Sec. 103.31 in T.D. 96-36. 
Accordingly, the reference in Sec. 178.2 to Sec. 103.14 is corrected to 
read Sec. 103.31.
    Section 191.51 pertains to the completion of drawback claims. In 
T.D. 98-16, paragraph (b) of this section was amended to provide how 
drawback claims are to be correctly calculated. The third sentence of 
this revision was meant to be parenthetical, i.e., providing an example 
of how to correctly calculate the substance of the second sentence. 
However, the closing parenthesis was mistakenly placed after the fourth 
sentence, which has a different substance than the second sentence. 
This typographical error is corrected by removing the closing 
parenthesis from the end of the fourth sentence and relocating it to 
the end of the third sentence.

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

    Because these regulatory amendments merely correct various 
referencing and typographical errors and make certain editorial changes 
to improve the clarity of the regulations, pursuant to 5 U.S.C. 
553(b)(B), notice and public procedure are unnecessary and contrary to 
public interest. For the same reasons, the requirement for a delayed 
effective date also does not apply, pursuant to 5 U.S.C. 553(d)(3). 
Further, because this document is not subject to 5 U.S.C. 553, it is 
not subject to the provisions of the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq. These amendments do 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.

List of Subjects

19 CFR Part 10

    Bonds, Customs duties and inspection, Entry requirements, Imports, 
Reporting and recordkeeping requirements.

19 CFR Part 12

    Air pollution control, Customs duties and inspection, Entry 
requirements, Imports, Reporting and recordkeeping requirements, 
Restricted merchandise, Vehicles.

19 CFR Part 19

    Customs duties and inspection, Licensing, Reporting and 
recordkeeping requirements, Warehouses.

19 CFR Part 103

    Administrative practice and procedure, Confidential business 
information, Freedom of information, Privacy, Reporting and 
recordkeeping requirements.

19 CFR Part 111

    Administrative practice and procedure, Brokers, Customs duties and 
inspection, Licensing, Reporting and recordkeeping requirements.

19 CFR Part 112

    Administrative practice and procedure, Customs duties and 
inspection, Freight forwarders, Licensing, Reporting and recordkeeping 
requirements.

19 CFR Part 143

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

19 CFR Part 146

    Administrative practice and procedure, Customs duties and 
inspection, Foreign trade zones,

[[Page 8767]]

Reporting and recordkeeping requirements.

19 CFR Part 178

    Administrative practice and procedure, Collection of information, 
Paperwork requirements, Reporting and recordkeeping requirements.

19 CFR Part 191

    Administrative practice and procedure, Customs duties and 
inspection, Drawback, Reporting and recordkeeping requirements.

Amendments to the Regulations

    Parts 10, 12, 19, 103, 111, 112, 143, 146, 178, and 191, Customs 
Regulations (19 CFR parts 10, 12, 19, 103, 111, 112, 143, 146, 178, and 
191), are amended as set forth below:

PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, 
ETC.

    1. The general authority citation for part 10 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1321, 
1481, 1484, 1498, 1508, 1623, 1624, 3314;
* * * * *


Sec. 10.31  [Amended]

    2. In Sec. 10.31, paragraph (a)(1) is amended by removing the 
period at the end of the third sentence and adding, in its place, a 
comma.

PART 12--SPECIAL CLASSES OF MERCHANDISE

    1. The general authority citation for part 12 and the specific 
authority for sections 12.73 and 12.74 continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.73 and 12.74 also issued under 19 U.S.C. 1484; 42 
U.S.C. 7522, 7601;

Sec. 12.73  [Amended]

    2. In Sec. 12.73, paragraph (d) is amended by removing the words 
``to which EPA emission requirements apply'' and adding, in their 
place, the words ``which does not conform with EPA emission 
requirements''.


Sec. 12.74  [Amended]

    3. In Sec. 12.74, paragraph (b)(2) is amended by removing the 
reference ``Sec. 162.1c'' and adding, in its place, the reference 
``Sec. 163.4''.

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

    1. The general authority citation for part 19 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States), 1624;
* * * * *


Sec. 19.2  [Amended]

    2. In Sec. 19.2, paragraph (f) is amended at the second sentence by 
removing the words ``Standard Form 87'' wherever they appear and 
adding, in their place, the words ``form FD 258 or electronically ``.

PART 103--AVAILABILITY OF INFORMATION

    1. The general authority citation for part 103 continues to read as 
follows:

    Authority:  5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 
U.S.C. 9701.
* * * * *


Sec. 103.31  [Amended]

    2. In Sec. 103.31, paragraph (e)(1) is amended at the third 
sentence by removing the reference ``Sec. 103.14(d)'' and adding, in 
its place, the reference ``paragraph (d) of this section''.

PART 111--CUSTOMS BROKERS

    1. The general authority citation for part 111 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1202 (General Note 22, Harmonized 
Tariff Schedule of the United States), 1624, 1641;


Sec. 111.12  [Amended]

    2. In Sec. 111.12, paragraph (a) is amended at the sixth sentence 
by removing the words ``Standard Form 87'' and adding, in their place, 
the words ``form FD 258 or electronically''.


Sec. 111.19  [Amended]

    3. In Sec. 111.19, paragraph (e) is amended by adding the word 
``district'' before the word ``permit'' wherever it appears.

PART 112--CARRIERS, CARTMEN, AND LIGHTERMEN

    1. The authority citation for part 112 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1551, 1565, 1623, 1624.


Sec. 112.42  [Amended]

    2. Section 112.42 is amended at the second sentence by removing the 
words ``Standard Form 87'' and adding, in their place, the words ``form 
FD 258 or electronically''.

PART 143--SPECIAL ENTRY PROCEDURES

    1. The authority citation for part 143 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1481, 1484, 1498, 1624.


Sec. 143.1  [Amended]

    2. In Sec. 143.1, paragraph (a) is amended by removing the 
reference ``Sec. 111.1(b)'' and adding, in its place, the reference 
``Sec. 111.1''.

PART 146--FOREIGN TRADE ZONES

    1. The authority citation for part 146 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States), 1623, 1624.


Sec. 146.6  [Amended]

    2. In Sec. 146.6, paragraph (a) is amended at the fourth sentence 
by removing the words ``Standard Form 87'' and adding, in their place, 
the words ``form FD 258 or electronically''.

PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS

    1. The authority citation for part 178 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq.


Sec. 178.2  [Amended]

    2. In Sec. 178.2, in the ``19 CFR Section'' column the section 
number ``Sec. 103.14'' is removed and the section number 
``Sec. 103.31'' is added in its place.

PART 191--DRAWBACK

    1. The general authority citation for part 191 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 22, 
Harmonized Tariff Schedule of the United States), 1313, 1624;
* * * * *

    2. In Sec. 191.51, paragraph (b) is revised to read as follows:


Sec. 191.51  Completion of drawback claims.

* * * * *
    (b) Drawback due. Drawback claimants are required to correctly 
calculate the amount of drawback due. The amount of drawback requested 
on the drawback entry is generally to be 99 percent of the import 
duties eligible for drawback. (For example, if $1,000 in import duties 
are eligible for drawback less 1 percent ($10), the amount claimed on 
the drawback entry should be for $990.) Claims exceeding 99 percent (or 
100% when 100% of the duty is available for drawback) will not be paid 
until the calculations have been

[[Page 8768]]

corrected by the claimant. Claims for less than 99 percent (or 100% 
when 100% of the duty is available for drawback) will be paid as filed, 
unless the claimant amends the claim in accordance with Sec. 191.52(c).
* * * * *

Raymond W. Kelly,
Commissioner of Customs.
    Approved: January 8, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 01-2784 Filed 2-1-01; 8:45 am]
BILLING CODE 4820-02-P