[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Rules and Regulations]
[Page 12634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4641]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 4

 [CBP Dec. 08-02]


Addition of Lithuania to the List of Nations Entitled to Special 
Tonnage Tax Exemption

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: Pursuant to information provided by the Department of State, 
Customs and Border Protection has found that no discriminating or 
countervailing duties are imposed by the government of Lithuania on 
vessels owned by citizens of the United States. Accordingly, vessels of 
Lithuania are exempt from special tonnage taxes and light money in 
ports of the United States. This document amends title 19 of the Code 
of Federal Regulations by adding Lithuania to the list of nations whose 
vessels are exempt from payment of any higher tonnage duties than are 
applicable to vessels of the United States and from the payment of 
light money.

DATES: This amendment is effective March 10, 2008. The exemption from 
special tonnage taxes and light money for vessels registered in 
Lithuania became applicable on February 13, 2002.

FOR FURTHER INFORMATION CONTACT: Glen Vereb, Regulations and Rulings, 
Office of International Trade, (202) 572-8724.

SUPPLEMENTARY INFORMATION: 

 Background

    Generally, the United States imposes regular and special tonnage 
taxes, and a duty of a specified amount per ton, called ``light 
money,'' on all foreign vessels which enter U.S. ports (46 U.S.C. 
60301-60303). However, vessels of a foreign country may be exempted 
from the payment of special tonnage taxes and light money upon 
presentation of satisfactory proof that the government of that foreign 
country does not impose discriminatory or countervailing duties to the 
disadvantage of the United States (46 U.S.C. 60304).
    Section 4.22, Customs and Border Protection (CBP) regulations (19 
CFR 4.22), lists those countries whose vessels have been found to be 
exempt from the payment of any higher tonnage duties than are 
applicable to vessels of the United States and from the payment of 
light money. The authority to amend this section of the CBP regulations 
has been delegated to the Chief, Trade and Commercial Regulations 
Branch, Regulations and Rulings, Office of International Trade.
    By letter dated April 13, 2007, the Department of State informed 
CBP that the government of Lithuania does not impose discriminating or 
countervailing duties on vessels owned by citizens of the United 
States. Accordingly, the Department of State recommended that Lithuania 
be added to the list of countries whose vessels are exempt from special 
tonnage taxes and light money in ports of the United States, effective 
February 13, 2002.

Finding

    On the basis of the above-mentioned information from the Department 
of State regarding the absence of discriminating or countervailing 
duties imposed by the government of Lithuania on vessels owned by 
citizens of the United States, CBP has determined that vessels of 
Lithuania are exempt from the payment of special tonnage tax and light 
money, effective February 13, 2002. The CBP regulations are amended 
accordingly.

Inapplicability of Notice and Delayed Effective Date

    Because this amendment merely implements a statutory requirement 
and confers a benefit upon the public, CBP has determined that notice 
and public procedure are unnecessary pursuant to section 553(b)(B) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). Further, 
for the same reasons, good cause exists for dispensing with a delayed 
effective date under section 553(d)(3) of the APA (5 U.S.C. 553(d)(3)).

Regulatory Flexibility Act and Executive Order 12866

    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. This amendment does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

Signing Authority

    This document is being issued by CBP in accordance with Sec.  
0.1(b)(1) of the CBP regulations (19 CFR 0.1(b)(1)).

List of Subjects in 19 CFR Part 4

    Cargo vessels, Customs duties and inspection, Maritime carriers, 
Vessels.

Amendment to the CBP Regulations

0
For the reasons set forth above, part 4 of title of the Code of Federal 
Regulations (19 CFR part 4) is amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general authority citation for part 4 and the specific authority 
for Sec.  4.22 are revised to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 
2071 note; 46 U.S.C. 501, 60105.
* * * * *
    Section 4.22 also issued under 46 U.S.C. 60301, 60302, 60303, 
60304, 60305, 60306, 60312, 60503;
* * * * *


Sec.  4.22  [Amended]

0
2. Section 4.22 is amended by adding ``Lithuania'' in appropriate 
alphabetical order.

    Dated: March 5, 2008.
Craig A. Walker
Acting Chief, Trade and Commercial Regulations Branch, Regulations and 
Rulings, Office of International Trade.
 [FR Doc. E8-4641 Filed 3-7-08; 8:45 am]
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