[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Rules and Regulations]
[Pages 40737-40738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14406]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 173

[CBP Dec. 07-62]


Technical Correction: Voluntary Reliquidation of Deemed 
Liquidated Entries

AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends title 19 of the Code of Federal 
Regulations by making technical corrections to Sec.  173.3, which 
provides for voluntary reliquidations. These technical corrections 
conform Sec.  173.3 to 19 U.S.C. 1501, as amended by section 2107 of 
the Miscellaneous Trade and Technical Corrections Act of 2004, which 
permits Customs and Border Protection to voluntarily reliquidate 
entries that are deemed liquidated by operation of law.

DATES: Effective Date: July 25, 2007.

FOR FURTHER INFORMATION CONTACT:  Richard B. Wallio, Office of 
International Trade, Customs and Border Protection, Tel. (202) 344-
2556.

SUPPLEMENTARY INFORMATION: 

Background

    This document makes technical corrections to Sec.  173.3 of title 
19 of the Code of Federal Regulations (19 CFR 173.3) to conform to 
changes to that section's underlying statutory authority.
    Section 173.3 concerns the voluntarily reliquidation of entries and 
provides that within 90 days from the date notice of the original 
liquidation is given to the importer, consignee, or agent, the port 
director may reliquidate on his own initiative a liquidation or 
reliquidation to correct errors in appraisement, classification, or any 
other element entering into the liquidation or reliquidation.
    Section 501 of the Tariff Act of 1930, as amended (19 U.S.C. 1501), 
provides the statutory authority for voluntary reliquidations and 
states that Customs and Border Protection (CBP) may reliquidate an 
entry within 90 days from the date on which notice of the original 
liquidation is given or transmitted to the importer, his consignee or 
agent. Section 1501 was amended by section 2107 of the Miscellaneous 
Trade and Technical Corrections Act of 2004 (Pub. L. 108-429, 118 Stat. 
2598) to include ``deemed liquidations'' of 19 U.S.C. 1504 as among the 
types of liquidations CBP is authorized to voluntarily reliquidate. The 
date of original liquidation of an entry that liquidated by operation 
of law is the date of deemed liquidation.
    This document makes technical corrections to Sec.  173.3 to conform 
to the broadened scope of 19 U.S.C. 1501, as amended, which authorizes 
CBP to voluntarily reliquidate entries that have been deemed liquidated 
by operation of law pursuant to 19 U.S.C. 1504. Examples of types of 
entries which may be deemed liquidated by operation of law are 
countervailing duty (CVD), antidumping (AD), or drawback entries.

Inapplicability of Public Notice and Comment Requirement and Delayed 
Effective Date Requirement

    Because the technical corrections to 19 CFR 173.3 set forth in this 
document merely conform to the statutory amendments to 19 U.S.C. 1501 
effected by section 2107 of the Miscellaneous Trade and Technical 
Corrections Act of 2004, pursuant to 5 U.S.C. 553(b)(B), CBP finds that 
good cause exists for dispensing with notice and public procedure as 
unnecessary. For this same reason, pursuant to 5 U.S.C. 553(d)(3), CBP 
finds that good cause exists for dispensing with the requirement for a 
delayed effective date.

The Regulatory Flexibility Act

    Because this document is not subject to the notice and public 
procedure requirements of 5 U.S.C. 553, it is not subject to the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Executive Order 12866

    These amendments do not meet the criteria for a ``significant 
regulatory action'' as specified in E.O. 12866.

Signing Authority

    This document is being issued in accordance with 19 CFR 0.1(a)(1).

List of Subjects in 19 CFR Part 173

    Administrative practice and procedure, Customs duties and 
inspection.

Amendment to the Regulations

0
For the reasons stated above, part 173 of title 19 of the Code of 
Federal Regulations is amended as set forth below.

PART 173--ADMINISTRATIVE REVIEW IN GENERAL

0
1. The authority citation for part 173 continues to read as follows:

    Authority: 19 U.S.C. 66, 1501, 1520, 1624.
* * * * *

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2. In Sec.  173.3, paragraph (a) is amended by revising the first 
sentence to read as follows:


Sec.  173.3  Voluntary reliquidation.

    (a) Authority to reliquidate. Within 90 days from the date notice 
of deemed liquidation or notice of the original liquidation is given to 
the importer, consignee, or agent, the port director may reliquidate on 
his own initiative a liquidation or a reliquidation to correct errors 
in appraisement, classification, or any other element entering into the 
liquidation or reliquidation, including errors based on misconstruction 
of applicable law. * * *
* * * * *


[[Page 40738]]


    Dated: July 20, 2007.
Deborah J. Spero,
Acting Commissioner, Customs and Border Protection.
 [FR Doc. E7-14406 Filed 7-24-07; 8:45 am]
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