[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Proposed Rules]
[Page 13638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6758]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 113

RIN 1515-AC44


Importation and Entry Bond Conditions Regarding Other Agency 
Documentation Requirements

AGENCY: U.S. Customs Service, Department of the Treasury.

ACTION: Notice of withdrawal of proposed rulemaking.

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SUMMARY: This document informs the public that Customs has decided to 
withdraw a proposal to amend the Customs Regulations regarding the bond 
condition on the basic entry and importation bond requiring the 
principal to furnish Customs with any document or evidence required to 
be submitted to Customs by law or regulation. The proposal would have 
expanded this bond condition to require the principal to furnish to 
other Government agencies any document or evidence required in 
connection with the importation/entry process required to be submitted 
to those agencies under the laws or regulations of those agencies.

DATES: As of March 20, 2003, the proposed rule published on August 6, 
1999 (64 FR 42872) is withdrawn.

FOR FURTHER INFORMATION CONTACT: Jeremy Baskin, Penalties Branch, 
Office of Regulations and Rulings, (202) 572-8750.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 1999, Customs published a document in the Federal 
Register (64 FR 42872) proposing to amend the Customs Regulations 
pertaining to the basic importation and entry bond condition under 
which, if merchandise is conditionally released to the principal named 
in the bond, the principal agrees to furnish Customs with any document 
or evidence as required by law or regulation. The proposed amendment 
would have extended this requirement, and consequently the potential 
liability for payment of liquidated damages for a breach of the bond 
condition, to documents and evidence required to be submitted to other 
Government agencies under laws and regulations of those other agencies.
    The impetus for the proposal was that another agency asked Customs 
whether the Customs bond could be used to provide a consequence for the 
failure to provide a specific document to that agency when that agency 
required the document upon the importation of certain articles. Rather 
than issuing a narrow proposed rule governing the presentation of the 
specific document, Customs proposed to amend the provisions of the 
basic importation and entry bond to allow for the assessment of 
liquidated damages if there is a failure to provide any document to 
other Government agencies in the time period prescribed under the laws 
and regulations of those other agencies.
    Comments on the proposed amendment to the Customs Regulations were 
solicited.
    Customs received six comments on the proposed amendment to the 
regulation. All of the comments were strongly opposed to the 
implementation of the proposed amendment. They stated that the proposed 
amendment was far too broad and that it allowed for liquidated damages 
for unidentified violations of unknown laws administered by unknown 
agencies.
    Customs has carefully considered the comments received, further 
reviewed the matter, and agrees with the commenters. Accordingly, 
Customs is withdrawing the proposal it published on August 6, 1999.

Robert C. Bonner,
Commissioner of Customs.
    Approved: February 25, 2003.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 03-6758 Filed 3-19-03; 8:45 am]
BILLING CODE 4820-02-P