[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Rules and Regulations]
[Pages 68027-68036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28346]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4, 19, 122, 123, 127, 141, 142 and 178

[T.D. 02-65]
RIN 1515-AC57


General Order Warehouses

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations principally to 
create a new class of bonded warehouse exclusively for the receipt of 
general order merchandise, and to include procedures for authorizing 
and operating general order warehouses. This amendment of the Customs 
Regulations is in response to a recent increase in the amount of 
unentered merchandise being moved into general order facilities. This 
increase has resulted from changes in the law, and it has prompted the 
importing community to request that Customs put in place uniform, 
national procedures for approving and operating warehouses receiving 
general order merchandise.
    In addition, changes are made to the Customs Regulations to 
implement certain amendments to the law made by the Customs 
modernization portion of the North American Free Trade Agreement 
Implementation Act. The amendments concern the circumstances where the 
title to unclaimed and abandoned merchandise vests in the Government, 
in lieu of sale of the merchandise at public auction.

EFFECTIVE DATE: December 9, 2002.

FOR FURTHER INFORMATION CONTACT: Tim Sushil, Office of Field 
Operations, 202-927-0564.

SUPPLEMENTARY INFORMATION:

Background

    Title VI of the North American Free Trade Agreement Implementation 
Act, 107 Stat. 2057 (Pub. L. 103-182; December 8, 1993), popularly 
known as the Customs Modernization Act (Mod Act), amended a number of 
Customs and navigation laws.
    Some of these amendments affected the treatment of general order 
merchandise. General order merchandise is merchandise that is required 
to be deposited in a bonded warehouse at the risk and expense of the 
consignee because it is not timely entered as provided by law or 
regulation, entry for it is incomplete because estimated duties, fees 
or interest has not been paid, entry cannot be made for it due to lack 
of proper documentation or other cause, or because it is not correctly 
or legally invoiced. See 19 U.S.C. 1490(a). Customs has denominated the 
type of bonded warehouse in which this type of merchandise must be 
deposited as a general order warehouse. See 19 CFR 127.1.
    In particular, section 656 of the Mod Act amended 19 U.S.C. 1448(a) 
to provide, among other things, that the

[[Page 68028]]

owner or master of any vessel or vehicle, or agent thereof, would be 
required to notify Customs of any merchandise or baggage unladen from 
the vessel or vehicle, for which entry was not made within the time 
prescribed by law or regulation; and if entry were not made within the 
prescribed time, the master or person in charge of the importing vessel 
or vehicle, or agent thereof, would be responsible for such unentered 
merchandise until it was removed from the carrier's control and placed 
in general order status in accordance with 19 U.S.C. 1490.
    In concert with this, section 658 of the Mod Act amended 19 U.S.C. 
1490 by deleting the requirement that a Customs officer take unentered 
merchandise into Customs custody and send it to a bonded warehouse. 
Instead, carriers are now required to notify both Customs and a bonded 
warehouse of the unentered merchandise, and the bonded warehouse is 
then responsible for arranging for the transportation and storage of 
the merchandise at the risk and expense of the consignee.
    These, and related, statutory amendments were implemented by a 
final rule document amending the Customs Regulations, that was 
published in the Federal Register (63 FR 51283) on September 25, 1998, 
as T.D. 98-74.
    Based on the statutory amendments, and the Customs Regulations 
implementing them, imported merchandise could not remain at the wharf, 
pier or other place of unlading more than 15 calendar days after its 
landing; or, if transferred from the arriving carrier to any party 
under a Customs-authorized permit to transfer or in-bond entry, the 
merchandise could not remain in the custody of that party more than 15 
calendar days after its receipt under a Customs-authorized permit to 
transfer or more than 15 calendar days after its arrival at the port of 
destination, as provided in Sec. Sec.  4.37, 122.50, 123.10, Customs 
Regulations (19 CFR 4.37, 122.50, 123.10). There is no provision in 
these regulations for any extension of this 15-day period.
    Customs and the trade have consequently seen an increase in the 
amount of unentered merchandise moving into general order facilities, 
including merchandise, such as hazardous materials, requiring 
specialized storage facilities. Due to this increase in merchandise 
moving into temporary storage in general order status, the trade 
community has sought the establishment of national, uniform criteria 
for the approval and operation of general order warehouses.
    Accordingly, by a document published in the Federal Register (65 FR 
42893) on July 12, 2000, Customs proposed that a new class of bonded 
warehouse, a class 11 warehouse, be established exclusively to handle 
the receipt of general order merchandise as described in Sec.  127.1, 
Customs Regulations (19 CFR 127.1).
    It was further proposed that a class 3, 4, or 5 bonded warehouse, 
as described in Sec.  19.1(a)(3), (4), or (5), Customs Regulations (19 
CFR 19.1(a)(3), (4), or (5)), could likewise be used for the deposit of 
general order merchandise, but only if there were no class 11 warehouse 
otherwise available to receive the merchandise, and provided the class 
3, 4, or 5 warehouse had also been certified by the port director as 
meeting the criteria for a class 11 warehouse, following an application 
under Sec.  19.2, Customs Regulations (19 CFR 19.2).
    To this end, Sec.  19.1 was proposed to be amended to include 
provisions for general order warehouses. Matters relating to inventory 
control and minimum space requirements for general order warehouses 
were also addressed in the proposed rule, in Sec. Sec.  19.2 and 19.12, 
respectively.
    Additionally, an amendment to Sec.  19.2(f) was proposed to allow 
the port director to require a business entity seeking approval to 
establish a Customs bonded warehouse to submit fingerprints, as part of 
the application process, for all its employees, as opposed to only 
those of all officers and managing officials of the business entity, as 
is currently the case; this proposed change would pertain to an 
application by a business entity to establish any Customs bonded 
warehouse, including a general order warehouse.
    Furthermore, the proposed rule put forth amendments to Sec. Sec.  
4.37, 19.9, 122.50 and 123.10, Customs Regulations (19 CFR 4.37, 19.9, 
122.50 and 123.10), that would make it the responsibility of the 
warehouse proprietor to prepare a Customs Form (CF) 6043 (Delivery 
Ticket), or other similar Customs document as designated by the port 
director or an electronic equivalent as authorized by Customs, that 
covered the proprietor's receipt of the merchandise and its transport 
to the warehouse from the custody of the carrier (or from any other 
party to whom custody of the merchandise had been transferred by a 
Customs-authorized permit to transfer or in-bond entry). This was 
intended to recognize and specifically implement the existing 
requirement described above that the warehouse proprietor be 
responsible for the transportation and storage in general order status 
of unentered merchandise following due notification by the arriving 
carrier or other bonded carrier of the presence of such merchandise.
    Moreover, Sec. Sec.  4.37, 122.50 and 123.10 were to be amended to 
provide that if a carrier or other party to whom the original carrier 
had properly transferred unclaimed and abandoned goods refused to 
relinquish custody over the goods to a general order warehouse 
proprietor, the carrier or other party would be liable for liquidated 
damages under the international carrier or custodial bond, as 
applicable; and Sec. Sec.  4.37, 122.50 and 123.10 were to be further 
amended to provide that in cases where the warehouse proprietor was 
unable to accept goods into general order because the goods were 
required to be exported or destroyed, or for other good cause, the 
carrier or other party to whom the original carrier had properly 
transferred the goods would be responsible under bond for exporting or 
destroying the goods, as necessary. It was further proposed that Sec.  
127.13, Customs Regulations (19 CFR 127.13), be changed consistent with 
Sec. Sec.  4.37, 122.50 and 123.10.
    Also, the proposed rule would revise Sec.  127.14 to require that 
the warehouse proprietor assume the responsibility and expense for the 
destruction of general order merchandise, in the event that such 
destruction were found to be warranted under the circumstances (i.e., 
where the port director concludes that the merchandise has no 
commercial value or cannot be disposed of at public auction 
(unsalable)); however, before destroying the merchandise, the warehouse 
proprietor would first have to make a reasonable effort to identify and 
inform the importer (owner) or consignee of the merchandise regarding 
its intended destruction.

Mod Act Changes; Title to Unclaimed Merchandise Vesting in Government

    In addition, under the proposed rule, Sec.  127.14(a) would be 
revised and a new subpart E would be added to part 127 essentially to 
conform with and implement a number of amendments made by section 659 
of the Mod Act to 19 U.S.C. 1491 concerning the provision that under 
certain conditions title to unclaimed and abandoned merchandise could 
vest in the United States, as an alternative to the Government having 
to sell such merchandise at public auction.

Time Limit Within Which To Make Entry; Conforming Changes

    Finally, in conformance with the changes already made under T.D. 
98-74 to Sec. Sec.  4.37, 122.50, and 123.10, as

[[Page 68029]]

discussed above, the proposed rule would similarly revise Sec. Sec.  
141.5 and 142.2, Customs Regulations (19 CFR 141.5, 142.2), to require 
that the entry of merchandise be made within 15 calendar days (as 
opposed to 5 working days) after landing from a vessel, aircraft or 
vehicle, or after arrival at the port of destination in the case of 
merchandise transported in bond.

Discussion of Comments

    Six commenters responded to the notice of proposed rulemaking. A 
description of the issues raised by these commenters, and Customs 
response to each issue, is set forth below.
    It is initially noted, however, that one commenter made certain 
suggestions during the proposed rulemaking comment period that were 
outside the scope of the notice, in particular: in connection with the 
unentered merchandise described in Sec. Sec.  4.37(b), 122.50(b) and 
123.10(b), to require that a carrier notify a general order warehouse 
of the presence of such unentered merchandise within the 15-day period, 
as opposed to the 20-day period, described in those sections; and to 
add a requirement in part 127 that carriers provide all information to 
the warehouse that they have on the consignee of unclaimed merchandise 
in order to facilitate the preparation of notices of sale for the 
merchandise. Such recommendations which, while related, fell outside 
the scope of the original notice of proposed rulemaking, are not 
addressed in this document. If found warranted, they would need to be 
the subject of another rulemaking document.

General Order Warehouses; Part 19

Comment

    One commenter objected to the provision in proposed Sec.  19.1(c) 
requiring that an available class 11 (General Order) warehouse be used 
to handle general order merchandise, in preference to another available 
general order (G.O.) warehouse of class 3, 4, or 5. The commenter 
asserted that a mandatory requirement to this effect would be unfair, 
would competitively disadvantage G.O. warehouses of class 3, 4 or 5, 
and would eliminate choice for the importing public in this area.

Customs Response

    Customs agrees. Section 19.1(c) is revised to eliminate any 
requirement to use a class 11 warehouse over an existing class 3, 4 or 
5 warehouse that has been approved to handle general order merchandise. 
Carriers and the importing community should, and will, continue to have 
a choice as to the particular G.O. warehouse to which their shipments 
may be sent.

Comment

    One commenter suggested that class 11 G.O. warehouses be allowed to 
rent or lease additional space for the storage of G.O. merchandise.

Customs Response

    Section 19.1(c) already provides for this. Any warehouse eligible 
to receive general order merchandise (a class 3, 4, 5, or 11 warehouse) 
may rent or lease suitable premises for the storage of such 
merchandise, if there is no space at the warehouse otherwise available.

Comment

    Several commenters requested that Customs elaborate on the 
provision in proposed Sec.  19.2(d) regarding minimum space 
requirements and other criteria for becoming a G.O. facility. In 
particular, one commenter asked that Customs impose regulatory limits 
on the number of G.O. warehouses that could operate in a port and, 
furthermore, that Customs specify in its regulations those parties that 
could not qualify to operate a G.O. warehouse.

Customs Response

    Customs does not believe that further elaboration upon these 
matters in the regulations is warranted. Both the number of facilities 
and the space required for G.O. merchandise will vary from port to 
port; therefore no one standard can or should be applied.

Comment

    One commenter objected to proposed Sec.  19.2(f) which provided 
that the port director ``may'' require a business entity seeking to 
establish a Customs bonded warehouse to submit fingerprints from all 
its employees, as part of the application process, instead of limiting 
the submission of fingerprints to those of all officers and managing 
officials of the business entity, as is currently the case. On the 
other hand, several commenters wanted the word ``may'' in proposed 
Sec.  19.2(f) replaced with ``should''.

Customs Response

    Customs disagrees with both views. The port director should have 
the discretion to determine the extent of scrutiny that is called for 
in given circumstances with respect to a business entity that is 
applying for approval to establish a Customs bonded warehouse, 
including the ability to require fingerprints from all employees of the 
business entity.

Comment

    In proposed Sec.  19.12(a), one commenter was concerned about the 
expense of an automated inventory system that would be a requirement 
for a general order warehouse. The commenter requested that small 
warehouses be allowed to continue with a manual system. In the 
alternative, it was suggested that Customs should bear some of the 
costs associated with an automated inventory system.

Customs Response

    Customs has concluded that the requirement for an automated 
inventory system should apply to all general order warehouses. Most 
warehouses already have an automated system that could likewise be 
extended to include G.O. merchandise; against this backdrop, automation 
should not impose an unreasonable cost. In addition, it is noted that 
in Sec.  19.12(a) existing G.O. warehouses will be given a phase-in 
period of 2 years within which to automate their recordkeeping. This 
time frame should be adequate and provide ample time especially for 
smaller operators to defray some of the costs that they incur with 
automation. In this regard, Customs will not be involved in the cost, 
support, or maintenance of an automated inventory system. It is 
properly the responsibility of the warehouse proprietor to choose an 
automated system that best suits the particular needs of the warehouse 
and that fulfills Customs regulatory requirements.

Comment

    In proposed Sec.  19.12(a), several commenters thought that the 
``phase-in'' period for automation was overly long.

Customs Response

    Customs finds that this two-year phase-in allowance is reasonable 
and prudent. As already observed, it will afford some of the smaller 
G.O. warehouses needed time to acquire and install an automated record 
system and to defray their cost in so doing.

Transferring Unentered Merchandise to a G.O. Warehouse; Sections 4.37, 
122.50 and 123.10

Comment

    One commenter asked that an explicit statement be included in 
Sec. Sec.  4.37(b), 122.50(b) and 123.10(b) limiting to 15 calendar 
days the period during which unentered merchandise may remain in the 
custody of the arriving carrier or other bonded carrier to whom such 
merchandise was properly transferred.

[[Page 68030]]

Customs Response

    Customs believes that this 15 calendar-day limitation is already 
clearly set forth in the cited regulatory provisions and that no change 
is needed.

Comment

    Two commenters objected to the provision in proposed Sec. Sec.  
4.37(c), 19.9(a), 122.50(c) and 123.10(c) making it the responsibility 
of the G.O. warehouse proprietor to prepare the transfer documentation 
(CF 6043 or other approved form or an electronic equivalent) to cover 
the proprietor's receipt of unentered merchandise and its transport to 
the G.O. warehouse from the custody of the arriving carrier (or other 
bonded carrier).

Customs Response

    Customs agrees. The preparation of the transfer documentation (CF 
6043 or other approved form or electronic equivalent) should remain 
with the bonded carrier (or other party to which the bonded carrier has 
properly transferred the merchandise). Customs acknowledges that this 
is the existing procedure in most ports. As a practical matter, the 
G.O. warehouse proprietor does not have sufficient information as to 
the identity and quantity of the unentered cargo to expeditiously and 
knowledgeably prepare such transfer documentation prior to acceptance 
of the goods. Thus, shifting the responsibility for preparation of the 
delivery ticket from the arriving carrier (or other bonded carrier) to 
the warehouse proprietor would unnecessarily delay the transfer of 
unentered merchandise to general order. Sections 4.37(c), 19.9(a), 
122.50(c) and 123.10(c) are changed accordingly.

Comment

    Two commenters suggested that the phrase ``Customs-approved bonded 
warehouse'' appearing in proposed Sec. Sec.  4.37(d), 122.50(d), and 
123.10(d) should be replaced by ``Customs-approved bonded General Order 
warehouse''.

Customs Response

    Customs agrees. Sections 4.37(d), 122.50(d), and 123.10(d) are 
changed accordingly.

Comment

    One commenter requested clarification as to the difference between 
the liquidated damages provision in proposed Sec.  4.37(d) and the 
penalties authorized under Sec.  4.37(a). This commenter also requested 
that the phrase ``carrier or other party may be liable for* * *'' in 
proposed Sec.  4.37(d) be changed to ``the carrier shall, as determined 
by the port director, be liable for* * *''.

Customs Response

    The penalty contained in Sec.  4.37(a) (also see Sec. Sec.  
122.50(a) and 123.10(a)) may be assessed against the master or owner of 
an arriving vessel, or the agent of the master or owner, for failing to 
timely notify Customs of the presence of unclaimed merchandise that has 
been unladen from the vessel. The penalty is up to $1,000 per bill of 
lading; however, if the value of the unclaimed merchandise on the bill 
is less than $1,000, the penalty will simply be equal to the value of 
such merchandise.
    Liquidated damages in Sec.  4.37(d) (also see Sec. Sec.  122.50(d) 
and 123.10(d)) may be assessed against an arriving carrier or other 
party to whom the arriving carrier has properly transferred the 
unentered, unreleased merchandise if the carrier or other party fails 
to timely relinquish custody over the merchandise to a warehouse 
authorized to receive it. To this end, Sec.  4.37(d) is changed to make 
clear that liquidated damages would only apply if the carrier fails to 
``timely'' relinquish custody over the subject merchandise. Sections 
122.50(d) and 123.10(d) are likewise changed. However, Customs finds 
that the change suggested by the commenter is not needed. If 
applicable, liquidated damages would be assessed under the 
international carrier bond of the arriving carrier or the custodial 
bond of the other party, as appropriate.

Comment

    With respect to proposed Sec. Sec.  4.37(e), 122.50(e) and 
123.10(e), several commenters wanted to give G.O. warehouse proprietors 
the right to refuse any shipments that they did not want to accept. One 
commenter wanted a right to return merchandise to the carrier, and 
asked that a provision be added to the regulations that the carrier 
must accept the return of such merchandise, if the merchandise was sent 
to the warehouse improperly because it was hazardous material or was 
otherwise required to be exported or destroyed.

Customs Response

    A bonded warehouse proprietor may not lawfully decline to accept 
general order merchandise that the warehouse is eligible to receive and 
is capable of storing. The underlying general order statute (19 U.S.C. 
1490(a)) does not envision an unfettered right on the part of the 
warehouse proprietor to refuse general order goods. However, as already 
stated in Sec. Sec.  4.37(e), 122.50(e) and 123.10(e), if the port 
director finds that the warehouse proprietor cannot accept goods 
because they are required by law to be exported or destroyed, or for 
other good cause, such goods will remain in the custody of the arriving 
carrier or other bonded carrier for purposes of export or destruction. 
It is incumbent upon the warehouse proprietor to take reasonable steps 
to inquire about and ascertain the nature and condition of the goods 
before accepting them. Once goods are accepted into the custody of the 
warehouse proprietor, the appropriate disposition of the goods would at 
that point accordingly become the responsibility of the proprietor.

Title to Unclaimed Merchandise Vesting in Government; Part 127

Comment

    Several commenters objected to the provisions in proposed subpart E 
of part 127 regarding unclaimed merchandise the title to which vests in 
the U.S. Government. In particular, they wanted to be compensated by 
the Government for their storage and transportation charges on cargo to 
which the Government decides to take title and retain for its own use. 
These commenters contended that not being reimbursed for any expenses 
they incurred for the six-month G.O. period would impose a great 
financial burden upon them.

Customs Response

    Customs believes that the commenters' concerns are unfounded. It is 
true that under the conditions specified in 19 U.S.C. 1491(b), the 
title to unclaimed merchandise may vest in the U.S. Government free and 
clear of any liens or encumbrances. Yet, while the Government may 
retain title to unclaimed merchandise free and clear of any liens or 
encumbrances, all transfer and storage charges or expenses accruing on 
the merchandise are, nevertheless, required to be paid by the Federal, 
State or local government agency that receives the merchandise, 
pursuant to 19 U.S.C. 1491(c). Such transfer and storage charges would 
include those accruing with respect to the merchandise while subject to 
general order. Section 127.42(b) is revised to make this clear.

Adoption of Proposal

    In view of the foregoing, and following careful consideration of 
the comments received and further review of the matter, Customs has 
concluded that the proposed amendments with the

[[Page 68031]]

modifications discussed above and the additional changes discussed 
below should be adopted as a final rule.

Additional Changes

    Section 19.1(b) is amended to provide that a class 11 (general 
order) warehouse may be designated as a constructive manipulation 
(class 8) warehouse when the exigencies of the service so require.
    Also, Sec.  127.21 is changed to grant port directors the authority 
to defer sales of unclaimed and abandoned (general order) merchandise. 
Currently, Sec.  127.21 requires that unclaimed and abandoned 
merchandise be sold at the first regular sale held after the 
merchandise becomes subject to sale, unless a deferment on selling it 
is authorized by the Commissioner of Customs. Customs has decided that 
this deferral authority be at the port level.
    Furthermore, Sec.  127.28(a) is changed so as to more clearly 
emphasize the necessity that drugs, seeds, plants, nursery stock and 
other articles, when so required, must be inspected by a representative 
of the Department of Agriculture to determine whether the articles 
comply with the law and regulations administered by that Department, 
especially given that, where found to be in noncompliance, such 
articles would need to be immediately destroyed.
    Finally, Customs has decided that Sec.  127.41(a) should be revised 
to state that the port director may provide for the vesting of title to 
unclaimed and abandoned merchandise in the United States, with the 
concurrence of the Assistant Commissioner, Office of Field Operations, 
rather than with the concurrence of the Commissioner of Customs, as 
initially proposed.

Regulatory Flexibility Act and Executive Order 12866

    The amendments primarily dealing with general order warehouses are 
intended to expedite the handling and disposition of general order 
merchandise, and to further facilitate consistent and uniform treatment 
in the administration of general order warehouses. Also, the amendments 
dealing with the Mod Act are intended to conform with, implement and 
enforce the provisions of the statutory law and ensure the protection 
of the revenue. As such, pursuant to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), it is certified that these 
amendments will not have a significant economic impact on a substantial 
number of small entities. Accordingly, the amendments are not subject 
to the regulatory analysis or other requirements of 5 U.S.C. 603 and 
604. Nor do they meet the criteria for a ``significant regulatory 
action'' as specified in E.O. 12866.

Paperwork Reduction Act

    The collections of information in this final rule document had in 
part already been reviewed 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 1515-0121 (Information to be supplied 
by owner or lessee in support of application to establish a bonded 
warehouse facility); and 1515-0220 (Notification regarding imported 
merchandise or baggage for which entry has not been made). This 
document restates these collections of information without material 
change.
    The remaining collection of information in this final rule document 
was submitted for review and has been approved by the Office of 
Management and Budget (OMB) in accordance with the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) under control 
number 1515-0224. 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.
    This latter collection of information is contained in Sec. Sec.  
4.37(c), 19.9(a), 122.50(c), and 123.10(c). This information is 
necessary to: Expedite the handling and disposition of general order 
merchandise; ensure that merchandise and baggage imported into the 
United States has been properly accounted for in accordance with the 
requirements of the statutory law; and facilitate consistent and 
uniform treatment in the administration of general order warehouses. 
The likely respondents and/or recordkeepers are business organizations, 
including importers and carriers. The estimated average annual burden 
associated with this information collection is 33 hours per respondent 
or recordkeeper.
    Comments on the accuracy of this burden estimate and suggestions 
for reducing this burden should be sent to the Office of Management and 
Budget, Attention: Desk Officer for the Department of the Treasury, 
Office of Information and Regulatory Affairs, Washington, DC 20503. A 
copy should also be sent to the Regulations Branch, Office of 
Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania 
Avenue, NW., 3rd Floor, Washington, DC 20229.
    Part 178, Customs Regulations (19 CFR part 178), containing the 
list of approved information collections, is appropriately revised to 
reflect this additional information collection.

List of Subjects

19 CFR Part 4

    Cargo vessels, Common carriers, Customs duties and inspection, 
Entry, Exports, Imports, Maritime carriers, Passenger vessels, 
Reporting and recordkeeping requirements, Shipping, Vessels.

19 CFR Part 19

    Bonds, Customs duties and inspection, Freight, Imports, Licensing, 
Reporting and recordkeeping requirements, Warehouses.

19 CFR Part 122

    Air carriers, Aircraft, Airports, Air transportation, Baggage, 
Bonds, Customs duties and inspection, Foreign commerce and trade 
statistics, Freight, Imports, Reporting and recordkeeping requirements.

19 CFR Part 123

    Aircraft, Canada, Customs duties and inspection, Imports, 
International boundaries, International traffic, Mexico, Motor 
carriers, Railroads, Reporting and recordkeeping requirements, Trade 
agreements, Vehicles, Vessels.

19 CFR Part 127

    Customs duties and inspection, Exports, Freight, Reporting and 
recordkeeping requirements.

19 CFR Part 141

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

19 CFR Part 142

    Administrative practice and procedure, Common carriers (Carrier 
initiative program), Customs duties and inspection, Entry of 
merchandise (Line release), Reporting and recordkeeping requirements.

19 CFR Part 178

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

Amendments to the Regulations

    Parts 4, 19, 122, 123, 127, 141, 142 and 178, Customs Regulations 
(19 CFR parts 4, 19, 122, 123, 127, 141, 142 and 178), are amended as 
set forth below.

[[Page 68032]]

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

    1. The general authority citation for part 4 and the relevant 
specific authority citation continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624; 
46 U.S.C. App. 3, 91.
* * * * *
    Section 4.37 also issued under 19 U.S.C. 1448, 1457, 1490;
* * * * *

    2. Section 4.37 is amended as follows:
    a. By adding a sentence after the third sentence in paragraph (c),
    b. By redesignating paragraphs (d), (e), (f), and (g), 
respectively, as paragraphs (e), (f), (g), and (h), and adding a new 
paragraph (d), and
    c. By adding two sentences at the end of redesignated paragraph 
(e).
    The additions and revisions read as follows:


Sec.  4.37  General order.

* * * * *
    (c) * * * The arriving carrier (or other party to whom custody of 
the merchandise was transferred by the arriving carrier under a 
Customs-authorized permit to transfer or in-bond entry) is responsible 
for preparing a Customs Form (CF) 6043 (Delivery Ticket), or other 
similar Customs document designated by the port director or an 
electronic equivalent as authorized by Customs, to cover the 
proprietor's receiptof the merchandise and its transport to the 
warehouse from the custody of the arriving carrier (or other party to 
whom custody of the merchandise was transferred by the carrier under a 
Customs-authorized permit to transfer or in-bond entry) (see Sec.  19.9 
of this chapter). * * *
    (d) If a carrier or any other party to whom custody of the 
unentered merchandise has been transferred by means of a Customs-
authorized permit to transfer or in-bond entry fails to timely 
relinquish custody of the merchandise to a Customs-approved bonded 
General Order warehouse, the carrier or other party may be liable for 
liquidated damages equal to the value of that merchandise under the 
terms and conditions of his international carrier or custodial bond, as 
applicable.
    (e) * * * If the port director finds that the warehouse operator 
cannot accept the goods because they are required by law to be exported 
or destroyed (see Sec.  127.28 of this chapter), or for other good 
cause, the goods will remain in the custody of the arriving carrier or 
other party to whom the goods have been transferred under a Customs-
authorized permit to transfer or in-bond entry. In this event, the 
carrier or other party will be responsible under bond for exporting or 
destroying the goods, as necessary (see Sec. Sec.  113.63(c)(3) and 
113.64(b) of this chapter).
* * * * *

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

    1. The general and relevant specific authority citations for part 
19 continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 23, 
Harmonized Tariff Schedule of the United States), 1624;
    Section 19.1 also issued under 19 U.S.C. 1311, 1312, 1555, 1556, 
1557, 1560, 1561, 1562;
* * * * *

    2. Section 19.1 is amended as follows:
    a. By adding a heading to paragraph (a),
    b. By revising paragraph (a)(1),
    c. By reserving paragraph (a)(10) and adding a new paragraph 
(a)(11),
    d. By revising paragraph (b), and
    e. By adding a new paragraph (c).
    The additions and revisions read as follows:


Sec.  19.1  Classes of customs warehouses.

    (a) Classifications. * * *
    (1) Class 1. Premises that may be owned or leased by the 
Government, when the exigencies of the service as determined by the 
port director so require, and used for the storage of merchandise 
undergoing examination by Customs, under seizure, or pending final 
release from Customs custody. Merchandise will be stored in such 
premises only at Customs direction and will be held under ``general 
order.''
* * * * *
    (11) Class 11. Bonded warehouses, known as ``general order 
warehouses,'' established for the storage and disposition exclusively 
of general order merchandise as described in Sec.  127.1 of this 
chapter.
    (b) Manipulation. The whole or a part of any warehouse of class 1, 
2, 3, 4, 5, 6, 7, or 11 may be designated a constructive manipulation 
(class 8) warehouse when the exigencies of the service so require.
    (c) General order. General order merchandise as described in Sec.  
127.1 of this chapter may be stored and disposed of in a class 11 
warehouse or a warehouse of class 3, 4, or 5, provided the class 3, 4, 
or 5 warehouse has also been certified by the port director as meeting 
the criteria for a class 11 warehouse, following an application under 
Sec.  19.2. So far as such warehouses are used for the purpose of 
handling general order goods, they will also be considered general 
order (class 11) warehouses. If there is no space at a warehouse of any 
of these classes available, the proprietor of such a warehouse, with 
the approval of the port director of the port nearest to where the 
warehouse is located, may rent or lease additional suitable premises 
for the storage of general order merchandise.
    3. Section 19.2 is amended by adding a new paragraph (d) and by 
revising the second sentence of paragraph (f) to read as follows:


Sec.  19.2  Applications to bond.

* * * * *
    (d) An applicant desiring to establish a general order warehouse 
may need to establish, as a condition of approval of the application, 
that the warehouse will meet minimum space requirements imposed by the 
port director to accommodate the storage of general order merchandise. 
Any space requirements will be posted by written notice at the 
customhouse and on the appropriate Customs-authorized electronic data 
interchange system. An applicant will not be subject to any minimum 
space requirements that are posted after the filing of his application.
* * * * *
    (f) * * * The port director may require an individual applicant to 
submit fingerprints on form FD 258 or electronically at the time of 
filing the application, or in the case of applications from a business 
entity, may require the fingerprints, on form FD 258 or electronically, 
of all employees of the business entity.
* * * * *

    4. Section 19.9 is amended by revising paragraph (a) to read as 
follows:


Sec.  19.9  General order, abandoned, and seized merchandise.

    (a) Acceptance of merchandise. The arriving carrier (or other party 
to whom custody of the merchandise was transferred by the carrier under 
a Customs-authorized permit to transfer or in-bond entry) is 
responsible for preparing a Customs Form (CF) 6043 (Delivery Ticket), 
or other similar Customs document as designated by the port director or 
an electronic equivalent as authorized by Customs, to cover the 
proprietor's receipt of the merchandise and its transport to the 
warehouse from the custody of the arriving carrier (or other party to 
whom custody of the merchandise was transferred by the carrier under a 
Customs-authorized permit to transfer or in-bond entry). A

[[Page 68033]]

joint determination will be made by the warehouse proprietor and the 
bonded carrier of the quantity and condition of the goods or articles 
so delivered to the warehouse. Within two working days of the joint 
determination, the warehouse proprietor will report to the port 
director any discrepancy between the quantity and condition of the 
goods and that reported on CF 6043, or other similar Customs document 
as designated by the port director or an electronic equivalent as 
authorized by Customs.
* * * * *

    5. Section 19.12 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec.  19.12  Inventory control and recordkeeping system.

    (a) Systems capability. The proprietor of a class 11 general order 
warehouse as described in Sec.  19.1 must have an automated inventory 
control and recordkeeping system. Proprietors of existing class 3, 4, 
or 5 warehouses as described in Sec.  19.1 certified before December 9, 
2002, to receive general order merchandise must have automated 
inventory control and recordkeeping systems in place with respect to 
general order merchandise after a period of 2 years from December 9, 
2002. All other warehouse proprietors have a choice of maintaining 
manual or automated inventory control and recordkeeping systems or a 
combination of manual and automated systems. All inventory control and 
recordkeeping systems must be capable of:
* * * * *

PART 122--AIR COMMERCE REGULATIONS

    1. The authority citation for part 122 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1448, 
1459, 1590, 1594, 1623, 1624, 1644, 1644a.

    2. Section 122.50 is amended as follows:
    a. By revising the heading,
    b. By adding a sentence after the third sentence in paragraph (c),
    c. By redesignating paragraphs (d), (e) and (f), respectively, as 
paragraphs (e), (f) and (g), and adding a new paragraph (d), and
    d. By adding two sentences at the end of redesignated paragraph 
(e).
    The revisions and additions read as follows:


Sec.  122.50  General order merchandise.

* * * * *
    (c) * * * The arriving carrier (or other party to whom custody of 
the merchandise was transferred by the carrier under a Customs-
authorized permit to transfer or in-bond entry) is responsible for 
preparing a Customs Form (CF) 6043 (Delivery Ticket), or other similar 
Customs document as designated by the port director or an electronic 
equivalent as authorized by Customs, to cover the proprietor's receipt 
of the merchandise and its transport to the warehouse from the custody 
of the arriving carrier (or other party to whom custody of the 
merchandise was transferred by the carrier under a Customs-authorized 
permit to transfer or in-bond entry) (see Sec.  19.9 of this chapter). 
* * *
    (d) If the carrier or any other party to whom custody of the 
unentered merchandise has been transferred by a Customs-authorized 
permit to transfer or in-bond entry fails to timely relinquish custody 
of the merchandise to a Customs-approved bonded General Order 
warehouse, the carrier or other party may be liable for liquidated 
damages equal to the value of that merchandise under the terms and 
conditions of his international carrier or custodial bond, as 
applicable.
    (e) * * * If the port director finds that the warehouse proprietor 
cannot accept the goods because they are required by law to be exported 
or destroyed (see Sec.  127.28 of this chapter), or for other good 
cause, the goods will remain in the custody of the arriving carrier or 
other party to whom the goods have been transferred under a Customs-
authorized permit to transfer or in-bond entry. In this event, the 
carrier or other party will be responsible under bond for exporting or 
destroying the goods, as necessary (see Sec. Sec.  113.63(c)(3) and 
113.64(b) of this chapter).
* * * * *

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The general authority citation for part 123 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 23, Harmonized 
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436, 
1448, 1624.
* * * * *

    2. Section 123.10 is amended as follows:
    a. By revising the heading,
    b. By adding a sentence after the third sentence in paragraph (c),
    c. By redesignating paragraphs (d), (e) and (f), respectively, as 
paragraphs (e), (f) and (g), and adding a new paragraph (d), and
    d. By adding two sentences at the end of redesignated paragraph 
(e).
    The revisions and additions read as follows:


Sec.  123.10  General order merchandise.

* * * * *
    (c) * * * The arriving carrier (or other party to whom custody of 
the merchandise was transferred by the carrier under a Customs-
authorized permit to transfer or in-bond entry) is responsible for 
preparing a Customs Form (CF) 6043 (Delivery Ticket), or other similar 
Customs document as designated by the port director or an electronic 
equivalent as authorized by Customs, to cover the proprietor's receipt 
of the merchandise and its transport to the warehouse from the custody 
of the arriving carrier (or other party to whom custody of the 
merchandise was transferred by the carrier under a Customs-authorized 
permit to transfer or in-bond entry) (see Sec.  19.9 of this chapter). 
* * *
    (d) If the carrier or any other party to whom custody of the 
unentered merchandise has been transferred by a Customs-authorized 
permit to transfer or in-bond entry fails to timely relinquish custody 
of the merchandise to a Customs-approved bonded General Order 
warehouse, the carrier or other party may be liable for liquidated 
damages equal to the value of that merchandise under the terms and 
conditions of his international carrier or custodial bond, as 
applicable.
    (e) * * * If the port director finds that the warehouse proprietor 
cannot accept the goods because they are required by law to be exported 
or destroyed (see Sec.  127.28 of this chapter), or for other good 
cause, the goods will remain in the custody of the arriving carrier or 
other party to whom the goods have been transferred under a Customs-
authorized permit to transfer or in-bond entry. In this event, the 
carrier or other party will be responsible under bond for exporting or 
destroying the goods, as necessary (see Sec. Sec.  113.63(c)(3) and 
113.64(b) of this chapter).
* * * * *

PART 127--GENERAL ORDER, UNCLAIMED AND ABANDONED MERCHANDISE

    1. The general authority citation for part 127 is revised, and 
specific sectional authority citations are added, to read as follows:

    Authority: 19 U.S.C. 66, 1311, 1312, 1484, 1485, 1490, 1491, 
1492, 1493, 1506, 1559, 1563, 1623, 1624, 1646a; 26 U.S.C. 5753.
    Section 127.12 also issued under 19 U.S.C. 1753;
    Section 127.14 also issued under 19 U.S.C. 1555, 1556, 1557;

[[Page 68034]]

    Section 127.21 also issued under 19 U.S.C. 1753;
    Section 127.28 also issued under 15 U.S.C. 2612, 26 U.S.C. 5688;
    Sections 127.31, 127.36, 127.37 also issued under 19 U.S.C. 
1753.


    2. Part 127 is amended by removing the statutory authority 
citations that appear in parentheses immediately below the texts of 
Sec. Sec.  127.1, 127.2, 127.11 through 127.14, 127.21, 127.23 through 
127.29, and 127.31 through 127.37.

    3. Section 127.13 is amended by revising paragraph (a) to read as 
follows:


Sec.  127.13  Storage of unclaimed and abandoned merchandise.

    (a) Place of storage. A class 11 bonded warehouse or warehouse of 
class 3, 4, or 5, certified by the port director as qualified to 
receive general order merchandise, will be responsible for the 
transportation and storage of unclaimed and abandoned merchandise, upon 
due notification to the proprietor of the warehouse by the arriving 
carrier (or other party to whom the carrier has transferred the 
merchandise under a Customs-authorized permit to transfer or in-bond 
entry), as provided in Sec. Sec.  4.37(c), 122.50(c), and 123.10(c) of 
this chapter. If no warehouse of these classes is available to receive 
general order merchandise, or if the merchandise requires specialized 
storage facilities which are unavailable in a bonded facility, the port 
director, after having received notice of the presence of unentered 
merchandise or baggage in accordance with the provisions of this 
section, will direct the storage of the merchandise by the carrier or 
by any other appropriate means.
* * * * *

    4. Section 127.14 is amended by revising paragraph (a) to read as 
follows:


Sec.  127.14  Disposition of merchandise in Customs custody beyond time 
fixed by law.

    (a) Merchandise subject to sale or other disposition.--(1) General. 
If storage or other charges due the United States have not been paid on 
merchandise remaining in Customs custody after the expiration of the 
bond period in the case of merchandise entered for warehouse, or after 
the expiration of the general order period, as defined in Sec.  127.4, 
in any other case, even though any duties due have been paid, such 
merchandise will be sold as provided in subpart C of this part, 
retained for official use as provided in subpart E of this part, 
destroyed, or otherwise disposed of as authorized by the Commissioner 
of Customs under the law, unless the merchandise is entered or 
withdrawn for consumption in accordance with paragraph (b) of this 
section.
    (2) Destruction of merchandise.--(i) Proprietor responsibility. If 
the port director concludes that merchandise in general order has no 
commercial value or is otherwise unsalable and cannot be disposed of at 
public auction (see Sec.  127.29), and that its destruction is 
warranted, the warehouse proprietor must assume responsibility under 
bond, including the expense, for destroying the merchandise (see Sec.  
113.63(c)(3) of this chapter). The port director will authorize such 
destruction on Customs Form (CF) 3499, or on a similar Customs document 
as designated by the port director or an electronic equivalent as 
authorized by Customs.
    (ii) Notice of destruction. Before destroying the merchandise, the 
warehouse proprietor must first make a reasonable effort under bond 
(see Sec.  113.63(b) and (c) of this chapter), to identify and inform 
the importer (owner) or consignee regarding the intended destruction of 
the merchandise. When the appropriate party is identified, notice of 
destruction will be provided to the party on Customs Form (CF) 5251, 
appropriately modified, or other similar Customs document as designated 
by the port director or an electronic equivalent as authorized by 
Customs, at least 30 calendar days prior to the date of intended 
destruction.
* * * * *

    5. Section 127.21 is amended by revising its first sentence to read 
as follows:


Sec.  127.21  Time of sale.

    All unclaimed and abandoned merchandise will be sold at the first 
regular sale held after the merchandise becomes subject to sale, unless 
a deferment of its sale is authorized by the port director. * * *

    6. Section 127.28 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec.  127.28  Special merchandise.

    (a) Drugs, seeds, plants, nursery stock, and other articles 
required to be inspected by the Department of Agriculture. Drugs, 
seeds, plants, nursery stock, and other articles required to be 
inspected by the Department of Agriculture must be inspected by a 
representative of the Department of Agriculture to ascertain whether 
they comply with the requirements of the law and regulations of that 
Department. * * *
* * * * *

    7. Part 127 is amended by adding a new subpart E to read as 
follows:
Subpart E--Title to Unclaimed and Abandoned Merchandise Vesting in 
Government
Sec.
127.41 Government title to unclaimed and abandoned merchandise.
127.42 Disposition of merchandise owned by Government.
127.43 Petition of party for surplus proceeds had merchandise been 
sold.

Subpart E--Title to Unclaimed and Abandoned Merchandise Vesting in 
Government


Sec.  127.41  Government title to unclaimed and abandoned merchandise.

    (a) Vesting of title in Government. At the end of the 6-month 
period noted in Sec.  127.11 of this part, at which time merchandise 
having thus remained in Customs custody is considered as unclaimed and 
abandoned, the port director, with the concurrence of the Assistant 
Commissioner, Office of Field Operations, may, in lieu of sale of the 
merchandise as provided in subpart C of this part, provide notice to 
all known interested parties under paragraph (b) of this section that 
the title to such merchandise will be considered as vesting in the 
United States, free and clear of any liens or encumbrances, as of the 
30th day after the date of the notice unless, before the 30th day, the 
merchandise is entered or withdrawn for consumption and all duties, 
taxes, fees, transfer and storage charges, and any other expenses that 
may have accrued on the merchandise are paid.
    (b) Notice to known interested parties. Notice that the title to 
unclaimed and abandoned merchandise will vest in the United States, as 
described in paragraph (a) of this section, will be sent to the 
following parties on Customs Form (CF) 5251, appropriately modified, or 
other similar Customs document as designated by the port director or an 
electronic equivalent as authorized by Customs:
    (1) Importer, if known;
    (2) Consignee, if name and address can be ascertained;
    (3) Shipper, or the shipper's representative or agent, if 
merchandise is consigned to order or the consignee cannot be 
ascertained; and
    (4) Any other known interested parties.
    (c) Appraisement of merchandise. Before title to unclaimed and 
abandoned merchandise is vested in the United States, the merchandise 
will be appraised in accordance with section 402, Tariff Act of 1930, 
as amended (19 U.S.C. 1401a).

[[Page 68035]]

Sec.  127.42  Disposition of merchandise owned by Government.

    (a) Disposition. If title to any unclaimed and abandoned 
merchandise vests in the United States under Sec.  127.41, the 
merchandise may be retained by Customs for its official use, or in 
Customs discretion, the merchandise may be transferred to any other 
Federal, state or local agency, destroyed or disposed of otherwise.
    (b) Payment of charges and expenses. All transfer and storage 
charges or expenses accruing on retained or transferred merchandise 
will be paid by the receiving agency. Such transfer and storage charges 
or expenses will include those accruing with respect to the merchandise 
while subject to general order.


Sec.  127.43  Petition of party for surplus proceeds had merchandise 
been sold.

    (a) Filing of petition. Under section 491(d), Tariff Act of 1930, 
as amended (19 U.S.C. 1491(d)), any party who can satisfactorily 
establish title to or a substantial interest in unclaimed and abandoned 
merchandise, the title to which has vested in the United States, may 
file a petition for the amount that would have been payable to the 
party had the merchandise been sold and a proper claim made under 
section 493, Tariff Act of 1930, as amended (19 U.S.C. 1493).
    (b) When and with whom filed. The petition may be filed with the 
port director at whose direction the title to the merchandise was 
vested in the United States. If the party received notice under Sec.  
127.41(b), the petition must be filed within 30 calendar days after the 
day on which title vested in the United States. If the party can 
satisfactorily establish that such notice was not received, the party 
must file the petition within 30 calendar days of learning of the 
vesting but not later than 90 calendar days from the vesting.
    (c) Evidence required. The petition must show the party's title to 
or interest in the merchandise, and be supported, as appropriate, with 
the original bill of lading, bill of sale, contract, mortgage, or other 
satisfactory documentary evidence, or a certified copy of the 
foregoing. Also, if applicable, the petition must be supported by 
satisfactoryproof that the petitioner did not receive notice that title 
to the merchandise would vest in the United States and was in such 
circumstances as prevented the receipt of notice.
    (d) Payment of claim. If the claim of the owner, consignee, or 
other party having title to or a substantial interest in the 
merchandise, is properly established as provided in this section, the 
party may be paid out of the Treasury of the United States the amount 
that it is believed the party would have received under 19 U.S.C. 1493 
had the merchandise been sold and a proper claim for the surplus of the 
proceeds of sale been made under that provision (see Sec.  127.36 of 
this part). In determining the amount that may have been payable under 
19 U.S.C. 1493, given that the merchandise was not in fact sold at 
public auction under 19 U.S.C. 1491(a), the appraisement of the 
merchandise, as provided in Sec.  127.41(c), will be taken into 
consideration. By virtue of the authority delegated to the port 
director in this matter, any payment made as provided under this 
paragraph in connection with the filing of a petition under paragraph 
(b) of this section will be final and conclusive on all parties.
    (e) Doubtful claim. Any doubtful claim for payment along with all 
pertinent documents and information available to the port director will 
be forwarded to the Assistant Commissioner, Office of Finance, for 
instructions. The decision of the Assistant Commissioner, Office of 
Finance, with respect to any petition filed under this section will be 
final and conclusive on all parties.

PART 141--ENTRY OF MERCHANDISE

    1. The general authority citation for part 141 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.

    2. Section 141.5 is revised to read as follows:


Sec.  141.5  Time limit for entry.

    Merchandise for which entry is required will be entered within 15 
calendar days after landing from a vessel, aircraft or vehicle, or 
after arrival at the port of destination in the case of merchandise 
transported in bond. Merchandise for which timely entry is not made 
will be treated in accordance with Sec.  4.37 or Sec.  122.50 or Sec.  
123.10 of this chapter.

PART 142--ENTRY PROCESS

    1. The authority citation for part 142 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1448, 1484, 1624.

    2. Section 142.2 is amended by revising paragraph (a) to read as 
follows:


Sec.  142.2  Time for filing entry.

    (a) General rule: After arrival of merchandise. Merchandise for 
which entry is required will be entered within 15 calendar days after 
landing from a vessel, aircraft or vehicle, or after arrival at the 
port of destination in the case of merchandise transported in bond.
* * * * *

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.

    2. Section 178.2 is amended by adding new listings in the table in 
appropriate numerical order to read as follows:


Sec.  178.2  Listing of OMB numbers.

------------------------------------------------------------------------
                                                             OMB control
          19 CFR section                  Description            No.
------------------------------------------------------------------------
 
                              * * * * * * *
Sec.   4.37(c)...................  Preparation of delivery     1515-0224
                                    ticket for transfer of
                                    merchandise to general
                                    order.
 
                              * * * * * * *
Sec.   19.9(a)...................  Preparation of delivery     1515-0224
                                    ticket for transfer of
                                    merchandise to general
                                    order.
 
                              * * * * * * *
Sec.   122.50(c).................  Preparation of delivery     1515-0224
                                    ticket for transfer of
                                    merchandise to general
                                    order.
 
                              * * * * * * *
Sec.   123.10(c).................  Preparation of delivery     1515-0224
                                    ticket for transfer of
                                    merchandise to general
                                    order.
 
                              * * * * * * *
------------------------------------------------------------------------



[[Page 68036]]

    Approved: November 4, 2002.
Robert C. Bonner,
Commissioner of Customs.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 02-28346 Filed 11-7-02; 8:45 am]
BILLING CODE 4820-02-P