[Federal Register Volume 67, Number 46 (Friday, March 8, 2002)]
[Proposed Rules]
[Pages 10636-10640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5557]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 67, No. 46 / Friday, March 8, 2002 / Proposed
Rules
[[Page 10636]]
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 10
RIN 1515-AC88
Prototypes Used Solely for Product Development, Testing,
Evaluation, or Quality Control Purposes
AGENCY: Customs Service, Department of the Treasury.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the Customs Regulations in
order to establish rules and procedures under the Product Development
and Testing Act of 2000 (PDTA). The purpose of the PDTA is to promote
product development and testing in the United States by allowing the
duty-free entry of articles, commonly referred to as prototypes, that
are to be used exclusively in product development, testing, evaluation
or quality control. The proposed regulations set forth the procedures
for both the identification of those prototypes properly entitled to
duty-free entry, as well as the permissible sale of such prototypes,
following use in the United States, as scrap, waste, or for recycling.
DATES: Comments must be received on or before April 8, 2002.
ADDRESSES: Written comments may be addressed to and inspected at the
Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue,
NW., 3rd Floor, Washington, DC 20229.
FOR FURTHER INFORMATION CONTACT: Patricia Fitzpatrick, Office of Field
Operations, (202-927-1106).
SUPPLEMENTARY INFORMATION:
Background
The Product Development and Testing Act of 2000 (``PDTA'') was
enacted on November 9, 2000, as part of the Tariff Suspension and Trade
Act of 2000 (``Act'') (Pub. L. 106-476). The provisions of the PDTA are
found in sections 1431-1435 of the Act.
The purpose of the PDTA, as set forth in section 1432(b) of the
Act, is to promote product development and testing in the United States
by allowing the importation on a duty-free basis of articles commonly
referred to as ``prototypes'' that are to be used exclusively for such
product development, testing, evaluation or quality control.
By way of background, Congress has found, as stated in section
1432(a) of the Act, that a substantial amount of product development
and testing occurs in the United States incident to the introduction
and manufacture of new products both for domestic consumption and for
export overseas. Product testing also occurs with respect to products
already introduced into commerce in order to ensure that these products
continue to meet specifications and perform as designed.
Until the enactment of the PDTA, prototype articles have generally
been subject to Customs duty when imported, unless the articles were
eligible for duty-free treatment under a special trade program, such as
the North American Free Trade Agreement (NAFTA) (19 U.S.C. 3301 et
seq.), or unless they were entered under a temporary importation bond
(TIB) (subheading 9813.00.30, Harmonized Tariff Schedule of the United
States (HTSUS)).
Furthermore, the value of these prototypes had to be included in
the dutiable value of any imported production merchandise that resulted
from the same design and development efforts to which the prototype
articles themselves were dedicated. In effect, duty on a prototype good
was assessed twice, once when the prototype was imported and a second
time as part of the dutiable value of the related imported production
merchandise. In this latter respect, the prototype would be considered
to be an ``assist'' (see Sec. 152.102(a)(1), Customs Regulations (19
CFR part 152)) and, as such, it would have to be included in the
dutiable cost of any associated production merchandise that was later
imported.
Congress found that assessing duty twice on prototypes
unnecessarily inflates costs for U.S. businesses, thereby reducing
their competitiveness and thus discourages development and testing in
the United States, and favors its occurrence overseas, given that duty
would only be charged once, upon the subsequent importation of the
related production merchandise.
Consequently, to provide for the duty-free entry of prototypes,
section 1433 of the Act amended the Harmonized Tariff Schedule of the
United States (HTSUS) by inserting a new subheading 9817.85.01 in
Subchapter XVII of Chapter 98, HTSUS. The free rate of duty, as noted
in HTSUS subheading 9817.85.01, only pertains to products from a
country that would be entitled to the ``Column 1'' rate of duty;
otherwise, the relevant rate would be that applicable in the absence of
HTSUS subheading 9817.85.01.)
Additionally, section 1433 of the Act amended the HTSUS by
including a new U.S. Note 6 in Subchapter XVII of Chapter 98, HTSUS,
that defines the term ``prototypes'' as used in HTSUS subheading
9817.85.01.
As defined in U.S. Note 6(a) to Subchapter XVII, the term
``prototypes'' means originals or models of articles that are either in
the preproduction, production or postproduction stage and that are to
be used exclusively for product development, testing, evaluation or
quality control purposes. However, articles may not be classified as
prototypes under HTSUS subheading 9817.85.01 if imported for automobile
racing for purse, prize or commercial competition, as this activity is
not considered to be product development, testing, evaluation, or
quality control. For originals or models of articles that are in the
production or postproduction stage to qualify as prototypes, they must
be associated with a change in design from current production; this
would include any refinement, advancement, improvement, development, or
quality control in the product itself or in the means for producing the
product.
Pursuant to U.S. Note 6(b) to Subchapter XVII of Chapter 98, HTSUS,
prototypes may only be imported in limited noncommercial quantities
based on industry practice. Moreover, any articles that are subject to
quantitative restrictions, antidumping orders or countervailing duty
orders may not be classified as prototypes. However, articles that are
subject to licensing requirements, or that must comply with laws, rules
or regulations administered by agencies other than Customs before being
imported, may be entered as prototypes if they comply with all
[[Page 10637]]
applicable provisions of law and otherwise meet the definition of
prototypes in U.S. Note 6(a) to Subchapter XVII of Chapter 98, HTSUS.
In addition, except as provided by the Secretary of the Treasury,
prototypes or parts of prototypes may not be sold after importation
into the United States or be incorporated into other products that are
sold.
By this document, Customs proposes to amend the Customs Regulations
to add a new Sec. 10.91, pursuant to sections 1433-1435 of the Act,
that would: (1) Establish requirements regarding the identification of
prototypes at the time of their importation into the United States; and
(2) establish requirements regarding the sale of prototypes, following
their intended use in product development, testing and evaluation, as
scrap, waste, or for recycling, if all applicable duties are tendered
for sales of the prototypes, including prototypes and parts of
prototypes that are incorporated into other products that are sold as
scrap, waste, or recycled materials, at the rate of duty in effect for
such scrap, waste, or recycled materials at the time of importation of
the prototypes.
Declaration of Intent
Entry or withdrawal from warehouse for consumption of a prototype
under HTSUS subheading 9817.85.01 may be accepted by the port director
as an effective declaration that the articles will be used solely for
the purposes stated in the subheading. If it is believed the
circumstances so warrant, the port director may request the submission
of proof of actual use, executed and dated by the importer. While there
is no particular form proposed for this declaration, it may either be
submitted in writing, or electronically as authorized by Customs, and
must include a description of the use made of the articles set forth in
sufficient detail so as to enable the port director to determine
whether the articles have been entitled to entry as claimed.
Sale
The prototype or any part(s) of the prototype, after having been
used for the purposes for which it was entered or withdrawn under HTSUS
subheading 9817.85.01, may only be sold as scrap, waste, or for
recycling. This includes a prototype or any part that is incorporated
into another product, as scrap, waste, or recycled material. The
importer must provide notice of such sale to the port director where
the entry or withdrawal of the prototype was made. The notice of sale
must be filed with a tender of appropriate duties within 10 business
days of the sale.
While no particular form is required for the notice of sale, a
consumption entry (Customs Form 7501), appropriately modified, or an
electronic equivalent as authorized by Customs, may be used for this
purpose. If the article sold is dutiable, the notice must also be
accompanied by the payment of any duty due. In any case, a notice must
be submitted in connection with the sale, whether or not duty is
payable. If the notice is filed electronically, payment of any duty
owed will be handled through the Automated Clearinghouse (see
Sec. 24.25, Customs Regulations (19 CFR 24.25)).
Such notice of sale must be executed by the importer, or other
person having knowledge of the facts surrounding the sale, and it must
include the following: the identity of the prototype, the consumption
entry number under which it was imported, a copy of the declaration of
actual use, and a description of the condition of the prototype
following use for the intended permissible purposes, including any
damage, degradation or deterioration to the article resulting from such
use; the name and address of the party to whom the article was sold,
and (if known) the use to which the party intends to put the article;
the HTSUS subheading number for scrap, waste, or recycled material, as
applicable, claimed in connection with the sale of the prototype,
together with the corresponding rate of duty in effect at the time the
prototype was originally imported for consumption; the value of the
prototype article (if dutiable and the duty owed is based upon value);
and the title of the party executing the declaration along with the
date of execution.
For purposes of proposed Sec. 10.91, with respect to any duty owed
on prototypes or parts that are sold as scrap, or waste, or for
recycling, where the duty owed is based upon value, the relevant value
is the market value of the prototypes or parts, based upon their
character and condition following use for the purposes prescribed in
HTSUS subheading 9817.85.01. In this regard, the market value will
generally be measured by the selling price. If a prototype or part of a
prototype becomes a component of another product that is sold as scrap,
waste, or recycled material, the relevant market value would be that
portion of the selling price attributable to the component (that is,
the prototype or part of prototype).
Required Recordkeeping
The importer must be prepared to submit to the Customs officer, if
requested, such information, including any supporting documents,
reports and records, as was necessary for the preparation of the
declaration of use and, if applicable, the notice of sale. As
previously noted, the submission of the notice of sale, if a sale
occurs, is mandatory. The supporting documentary evidence for the
notice of sale must be retained for a period of 5 years, as provided in
Sec. 163.4(a), Customs Regulations (19 CFR 163.4(a)), from the date of
its filing in complete and proper form. Supporting records must be made
available to the Customs officer upon request in accordance with
Sec. 163.6(a), Customs Regulations (19 CFR 163.6(a)). The notice,
together with any related supporting evidence, may be subject to any
verification that the port director reasonably deems necessary.
Effective Date
As noted in section 1435(1) and (2) of the Act, duty-free treatment
under the PDTA applies to an entry of a prototype under HTSUS
subheading 9817.85.01 made on or after the date of enactment of the Act
(November 9, 2000) as well as to an entry of a prototype (as defined in
U.S. Note 6(a) to Subchapter XVII of Chapter 98, HTSUS) made under
subheading 9813.00.30, for which liquidation has not become final as of
November 9, 2000.
In this latter regard, an entry under HTSUS subheading 9813.00.30
is made under a temporary importation bond (TIB), and an entry made
under a TIB does not liquidate, given that a TIB entry does not involve
liquidated duties (see Sec. 10.31(h), Customs Regulations (19 CFR
10.31(h)). Rather, upon satisfaction of the terms and conditions of the
TIB, charges under the bond are cancelled (see Sec. 10.39, Customs
Regulations (19 CFR 10.39)), and the related entry is ``closed'' (and
not liquidated). Customs proposes in Sec. 10.91 to give effect to the
intent of Congress underlying section 1435(2) that certain prototypes
already entered under a TIB as of November 9, 2000, be allowed to take
advantage of duty-free entry under the PDTA.
To accomplish this, the importer must submit a written request, or
an electronic equivalent as authorized by Customs, that a TIB entry
under HTSUS subheading 9813.00.30, which had not been closed and for
which the TIB period had not expired as of November 9, 2000, be
converted instead into a duty-free consumption entry under HTSUS
subheading 9817.85.01. Customs will so convert the TIB entry,
[[Page 10638]]
provided that the port director is satisfied that the entry is for
articles that are ``prototypes'' as defined in U.S. Note 6(a) to
Subchapter XVII of Chapter 98, HTSUS, and provided further that the
entry was in effect and had not been closed (as opposed to having been
finally liquidated), and the TIB period for the entry had not expired,
as of November 9, 2000. When the TIB entry is so converted, the bond
will be cancelled and the entry closed. The port director will provide
a courtesy acknowledgment to the importer in writing or electronically
once the conversion is complete.
Comments
Before adopting this proposal, consideration will be given to any
written comments that are timely submitted to Customs. Customs
specifically requests comments on the clarity of this proposed rule and
how it may be made easier to understand. Comments submitted will be
available for public inspection in accordance with the Freedom of
Information Act (5 U.S.C. 552), Sec. 1.4 of the Treasury Department
Regulations (31 CFR 1.4), and Sec. 103.11(b), Customs Regulations (19
CFR 103.11(b)), on regular business days between the hours of 9:00 a.m.
and 4:30 p.m. at the Regulations Branch, U.S. Customs Service, 1300
Pennsylvania Avenue, NW. 3rd Floor, Washington, D.C.
Regulatory Flexibility Act and Executive Order 12866
The proposed regulations implement the terms and requirements of
the PDTA which went into effect on November 9, 2000. The proposed
amendments benefit the public by allowing the duty-free importation of
prototypes that are to be used exclusively for product development and
testing, thereby promoting such product development and innovation in
the United States, as opposed to overseas. Accordingly, pursuant to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), it
is certified that, if adopted, the proposed amendments will not have a
significant economic impact on a substantial number of small entities.
Nor do the proposed amendments meet the criteria for a ``significant
regulatory action'' as specified in E.O. 12866.
Paperwork Reduction Act
The collections of information encompassed within this proposed
rule have previously been reviewed and approved by the Office of
Management and Budget (OMB) in accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507) and assigned OMB Control Numbers 1515-0091
(Requirement of importer to maintain accurate, detailed records on use
or other disposition of imported merchandise for ``actual use'' duty
assessment requirements); and 1515-0109 (Certificate of importer to
verify actual use of articles imported duty-free or at a reduced rate
of duty under actual use provisions). These collections encompass a
claim for duty-free entry for prototype articles imported for use
exclusively for development, testing, product evaluation or quality
control purposes. This proposed rule does not present any material
change to the existing approved information collections.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB.
Upon adoption of the proposed amendments as a final rule, part 178,
Customs Regulations (19 CFR part 178), containing the list of approved
information collections, will be revised to make reference to new
Sec. 10.91.
Drafting Information
The principal author of this document was Janet L. Johnson, 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 10
Customs duties and inspection, Imports, Preference programs,
Reporting and recordkeeping requirements, Shipments.
Proposed Amendments to the Regulations
It is proposed to amend part 10, Customs Regulations (19 CFR part
10), as set forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 would continue to
read as follows, and specific sectional authority for Sec. 10.91 would
be added in appropriate numerical order to read as follows:
Authority: 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. 10.91 also issued under Pub. L. 106-476 (114 Stat. 2101),
sections 1434, 1435;
* * * * *
2. It is proposed to amend part 10 by adding after Sec. 10.90 a new
center heading entitled ``Prototypes'' followed by a new Sec. 10.91 to
read as follows:
Prototypes
Sec. 10.91 Prototypes used exclusively for product development and
testing.
(a) Duty-free entry; declaration of intent; suspension of
liquidation.
(1) Entry or withdrawal for consumption. Articles defined as
``prototypes'' and meeting the other requirements prescribed in
paragraph (b) of this section may be entered or withdrawn from
warehouse for consumption, duty-free, under subheading 9817.85.01,
Harmonized Tariff Schedule of the United States (HTSUS), on Customs
Form 7501 or an electronic equivalent. A separate entry or withdrawal
must be made for a qualifying prototype article each time the article
is imported/reimported to the United States.
(2) Importer declaration.--(i) Entry accepted as declaration. Entry
or withdrawal from warehouse for consumption under HTSUS subheading
9817.85.01 may be accepted by the port director as an effective
declaration that the articles will be used solely for the purposes
stated in the subheading.
(ii) Proof of Actual Use. If it is believed the circumstances so
warrant, the port director may request the submission of proof of
actual use, executed and dated by the importer. While there is no
particular form for this declaration, it may either be submitted in
writing, or electronically as authorized by Customs, and must include
the following:
(A) A description of the use to be made of the articles set forth
in sufficient detail so as to enable the port director to determine
whether the articles have been entitled to entry as claimed;
(B) A statement that the articles are not to be put to any other
use; and
(C) A statement that neither the articles nor any parts of the
articles will be sold, or be incorporated into other products that are
sold, after the articles have been entered or withdrawn from warehouse
for consumption and prior to the completion of their use as provided in
HTSUS subheading 9817.85.01 (see paragraph (b)(2)(ii) of this section).
(b) Articles classifiable as prototypes.--(1) Prototypes defined.
In accordance with U.S. Note 6(a) to Subchapter XVII of Chapter 98,
HTSUS, the term ``prototypes'' means originals or models of articles
that:
(i) Are either in the preproduction, production or postproduction
stage and
[[Page 10639]]
are to be used exclusively for development, testing, product
evaluation, or quality control purposes (not including automobile
racing for purse, prize or commercial competition); and
(ii) In the case of originals or models of articles that are either
in the production or postproduction stage, are associated with a design
change from current production (including a refinement, advancement,
improvement, development or quality control in either the product
itself or the means of producing the product).
(2) Additional requirements. In accordance with U.S. Note 6(b) to
Subchapter XVII of Chapter 98, HTSUS, the following additional
restrictions apply to articles that may be classified as prototypes:
(i) Importations limited. Prototypes may be imported pursuant to
this section only in limited noncommercial quantities in accordance
with industry practice.
(ii) Sale prohibited after entry and prior to use. Prototypes or
parts of prototypes may not be sold, or be incorporated into other
products that are sold, after the prototypes have been entered or
withdrawn from warehouse for consumption under HTSUS subheading
9817.85.01, unless, after having been used for the purposes for which
they were entered or withdrawn from warehouse under HTSUS subheading
9817.85.01, such prototypes or any part(s) of the prototypes may be
sold as scrap, waste, or for recycling, as prescribed in paragraph (d)
of this section.
(iii) Articles subject to laws of another agency. Articles that are
subject to licensing requirements, or that must comply with laws, rules
or regulations administered by an agency other than Customs before
being imported, may be entered as prototypes pursuant to this section
if they meet all applicable provisions of law and otherwise meet the
definition of prototypes in paragraph (b)(1) of this section.
(iii) Articles excluded from being prototypes. Articles subject to
quantitative restrictions, antidumping orders or countervailing duty
orders are excluded from being classified as prototypes under this
section.
(c) Sale of prototype following use.--(1) Sale. Prototypes or any
part(s) of prototypes, after having been used for the purposes for
which they were entered or withdrawn under HTSUS subheading 9817.85.01,
may only be sold as scrap, waste, or for recycling. This includes a
prototype or any part thereof that is incorporated into another
product, as scrap, waste, or recycled material. In addition, prototypes
or their parts may only be sold as scrap, waste, or for recycling, upon
payment of applicable duty on the prototypes or parts, at the rate of
duty in effect for such scrap, waste, or recycled materials at the time
the prototypes were entered or withdrawn for consumption.
(2) Notice of sale required. If, after a prototype has been used
for the purposes contemplated in HTSUS subheading 9817.85.01, the
prototype or any part(s) of the prototype (including a prototype or any
part that is incorporated into another product) is sold as scrap,
waste, or for recycling, the importer must provide notice of such sale
to the port director where the entry or withdrawal of the prototype was
made. A notice must be submitted in connection with the sale, whether
or not duty is payable. The notice, if applicable, should not be
submitted prior to the submission of the declaration of actual use (see
paragraph (c)(1) of this section).
(3) Form and content of notice; tender of duty. While no particular
form is required for the notice of sale, a consumption entry (Customs
Form 7501), appropriately modified, or an electronic equivalent as
authorized by Customs, may be used for this purpose. The notice must be
filed within 10 business days of the sale. If the article sold is
dutiable, the payment of any duty due must be forwarded together with
the notice (see paragraph (d)(1) of this section). If the notice is
filed electronically, payment of any duty owed will be handled through
the Automated Clearinghouse (see Sec. 24.25 of this chapter). In
addition, the notice of sale must be executed by the importer, or other
person having knowledge of the facts surrounding the sale, and must
include the following:
(i) The identity of the prototype, the consumption entry number
under which it was imported, a copy of the declaration of actual use,
along with a description of the condition of the prototype following
use for the intended permissible purposes, including any damage,
degradation or deterioration to the article resulting from such use;
(ii) The name and address of the party to whom the article was
sold, and (if known) the use to which the party intends to put the
article;
(iii) The HTSUS subheading number for scrap, waste, or recycled
material, as applicable, claimed in connection with the sale of the
prototype, together with the corresponding rate of duty in effect at
the time the prototype was originally imported for consumption;
(iv) The value of the prototype article (if dutiable and the duty
owed is based upon value) (see paragraph (e)(2) of this section); and
(v) The title of the party executing the declaration and the date
of execution.
(4) Failure to file timely notice. Failure to file timely the
notice of sale or to deposit the appropriate duty shall be a breach of
the importer's bond and result in the assessment of liquidated damages.
(e) Recordkeeping; retention and production.--(1) Recordkeeping.
The importer must be prepared to submit to the Customs officer, if
requested, such information, including any supporting documents,
reports and records, as was necessary for the preparation of the
declaration of use in paragraph (a)(2)(ii) of this section, and the
notice of sale in paragraph (c)(3) of this section. The submission of
the notice of sale is mandatory if a sale occurs after importation. The
notice, together with any related supporting evidence, may be subject
to such verification as the port director reasonably deems necessary.
Such documentary evidence must be made available to the Customs
officer, upon request, for a period of five years from the date of
filing in complete and proper form, the declaration of use, if
requested, and, if applicable, the notice of sale, as provided in
Sec. 163.4 of this chapter. The supporting records must be made
available to the Customs officer upon request in accordance with
Sec. 163.6 of this chapter. The specific documentary evidence necessary
to support notice of sale, if applicable, consists of:
(i) The identity of the prototype, including the identity of the
consumption entry under which it was imported, and a description of the
condition of the prototype following use for the intended permissible
purposes, including any damage, degradation or deterioration to the
article resulting from such use;
(ii) The name and address of the party to whom the article was
sold, and (if known) the use to which the party intends to put the
article;
(iii) The HTSUS subheading number for scrap, waste, or recycled
material, as applicable, claimed in connection with the sale of the
prototype, together with the corresponding rate of duty in effect at
the time the prototype was originally imported for consumption;
(iv) The value of the prototype article (if dutiable and the duty
owed is based upon value) (see paragraph (e)(2) of this section); and
(v) The title of the party executing the declaration and the date
of execution.
(2) Relevant value for used prototype or parts sold. For purposes
of this section, with respect to any duty owed
[[Page 10640]]
on prototypes or parts of prototypes that are sold as scrap, or waste,
or for recycling, where the duty owed is based upon value, the relevant
value is the market value of the prototypes or parts, based upon their
character and condition following use for the purposes prescribed in
HTSUS subheading 9817.85.01. The market value will generally be
measured by the selling price. Should a prototype or part of a
prototype become a component of another product that is sold as scrap,
waste, or recycled material, the relevant market value would be that
portion of the selling price attributable to the component (prototype
or part) as provided in this paragraph.
(f) Articles admitted under TIB.--(1) Duty-free entry available.
Under the procedure presented in paragraph (f)(2) of this section, an
entry of an article made under a temporary importation bond (TIB)
solely for testing, experimental or review purposes under HTSUS
subheading 9813.00.30 may be converted into a duty-free entry under
HTSUS subheading 9817.85.01, if the following conditions exist:
(i) The article meets the definition for ``prototypes'' in
paragraph (b) of this section (U.S. Note 6(a) to Subchapter XVII,
Chapter 98, HTSUS); and
(ii) The TIB entry for the article was in effect and had not been
closed, and the TIB period for the article had not expired, as of
November 9, 2000.
(2) Procedure for converting TIB entry to duty-free entry.--(i)
Importer request. The importer must submit a written request, or an
electronic equivalent as authorized by Customs, that a TIB entry made
under HTSUS subheading 9813.00.30, which was in effect and had not been
closed, and for which the TIB period had not expired, as of November 9,
2000, be converted instead into a duty-free consumption entry under
HTSUS subheading 9817.85.01.
(ii) Action by Customs. Customs will convert the TIB entry under
HTSUS subheading 9813.00.30 to a duty-free entry under HTSUS subheading
9817.85.01, provided that the port director is satisfied that the
conditions set forth in paragraphs (f)(1)(i) and (f)(1)(ii) of this
section have been met. When the TIB entry is converted, the bond will
be cancelled and the entry closed. Once the conversion is complete, the
port director will provide a courtesy acknowledgment to this effect to
the importer in writing or electronically.
Robert C. Bonner,
Acting Commissioner of Customs.
Approved: March 5, 2002.
Timothy E. Skud,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-5557 Filed 3-7-02; 8:45 am]
BILLING CODE 4820-02-P