[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36096-36097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12938]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 141

[T.D. 02-28]


Technical Amendment to the Customs Regulations: Reusable Shipping 
Devices Arriving From Canada and Mexico

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to include 
certain reusable shipping devices arriving from Canada or Mexico in the 
list of merchandise excepted from the requirement that all merchandise 
imported into the United States be entered. The substantive regulation 
allowing for these types of devices to be excepted from entry is set 
forth in  10.41b(b) of the Customs Regulations. During a 
periodic review of its regulations to ensure that they are current, 
correct and consistent, Customs noted that in  141.4 of the 
Customs Regulations, the list of merchandise excepted from the entry 
requirement did not cross-reference  10.41b(b). This document 
remedies that omission.

EFFECTIVE DATE: May 23, 2002.

FOR FURTHER INFORMATION CONTACT: Glen Vereb, Office of Regulations and 
Rulings, 202-927-1327.

SUPPLEMENTARY INFORMATION:

[[Page 36097]]

Background

    Under  141.4(a), Customs Regulations (19 CFR 141.4(a)), 
all merchandise imported into the United States is required to be 
entered, unless specifically excepted. The exceptions from the general 
rule that all imported merchandise must be entered are set forth in 
 141.4(b), Customs Regulations (19 CFR 141.4(b)). In 
particular,  141.4(b)(3) excepts instruments of international 
trade as described in  10.41a, Customs Regulations (19 CFR 
10.41a). In addition to this exemption from entry, however, certain 
reusable shipping devices arriving from Canada or Mexico are also 
exempted from entry pursuant to  10.41b(b), Customs 
Regulations (19 CFR 10.41b(b)), as amended by Treasury Decision (T.D.) 
96-20 (61 FR 7987) of March 1, 1996.
    Accordingly, this document amends  141.4(b)(3), Customs 
Regulations (19 CFR 141.4(b)(3)), to include a reference to  
10.41b(b), in order to reflect that reusable shipping devices from 
Canada or Mexico are also exempted from Customs entry requirements. 
Furthermore, a reference is added in  141.4(b)(3) to Chapter 
98, Subchapter III, U.S. Note 3, Harmonized Tariff Schedule of the 
United States (HTSUS), which provides the underlying legal authority 
for the exemption of the specified shipping devices from Customs entry 
requirements.

Administrative Procedure Act, the Regulatory Flexibility Act and 
Executive Order 12866

    Because the amendments merely conform with existing law or 
regulation, notice and public procedure are unnecessary, and for the 
same reason, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date 
is not required. 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. Nor do these amendments meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
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 141

    Customs duties and inspection, Entry of merchandise, Release of 
merchandise, Reporting and recordkeeping requirements.

Amendment to the Regulation

    Part 141, Customs Regulations (19 CFR 141) is amended as set forth 
below.

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for Part 141, Customs 
Regulations, continues to read, and the specific sectional authority 
for  141.4 is revised to read, as follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.
* * * * *
    Section 141.4 also issued under 19 U.S.C 1202 (General Note 19; 
Chapter 86, Additional U.S. Note 1; Chapter 89, Additional U.S. Note 1; 
Chapter 98, Subchapter III, U.S. Notes 3 and 4; Harmonized Tariff 
Schedule of the United States), 1498;
* * * * *

    2. Section 141.4 is amended by revising paragraph (b)(3) to read as 
follows:


 141.4  Entry required.

* * * * *
    (b) Exceptions.

*-*-*
    (3) Instruments of international traffic described in  
10.41a and  10.41b(b) of this chapter, under the conditions 
provided for in those sections. See also Chapter 98, Subpart III, U.S. 
Notes 3 and 4, HTSUS.
* * * * *

Robert C. Bonner,
Commissioner of Customs.
    Approved: May 17, 2002.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-12938 Filed 5-22-02; 8:45 am]
BILLING CODE 4820-02-P