[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30462-30463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14884]


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DEPARTMENT OF COMMERCE

International Trade Administration

15 CFR Part 301

[Docket No. 080102004-9266-02; FDMS Docket No. ITA-2009-0002]
RIN 0625-AA75


Changes in Procedures for Florence Agreement Program

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Departments of Commerce and Treasury (``the Departments'') 
and Customs and Border Protection (``CBP'') issue this rule to amend 
the regulations governing the duty-free entry of scientific instruments 
and apparatus into the United States by educational and nonprofit 
institutions to implement technical changes required by the passage of 
the Miscellaneous Trade and Technical Corrections Act of 2004, to 
update the regulations to comport with current CBP practices and 
changes made in the Harmonized Tariff Schedule of the United States 
(``HTSUS''), to add a Web site address for Statutory Import Programs 
Staff (``SIPS''), and to remove references to spectrometers pursuant to 
Presidential Proclamation 7011 of June 30, 1997. We also amend the 
regulations to reflect the nomenclature changes made necessary by the 
transfer of the legacy Customs Service of the Department of the 
Treasury to the Department of Homeland Security.

DATES: This rule is effective July 27, 2009.

FOR FURTHER INFORMATION CONTACT: Jesse Cortes, (202) 482-3986, Room 
3712, U.S. Department of Commerce, 14th Street and Constitution Ave., 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    The Departments and Customs and Border Protection (CBP), Department 
of Homeland Security, issue this rule to amend the regulations found in 
Part 301, Chapter III, Subtitle B of Title 15 of the Code of Federal 
Regulations (CFR) relating to their responsibilities under the 
Educational, Scientific, and Cultural Materials Importation Act of 1966 
(the ``Act'') (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 
897). The Act implements U.S. treaty obligations under Annex D of the 
Florence Agreement, relating to the import of scientific instruments 
and apparatus. Treaty signatories agreed to waive duties on such 
imports if there is no scientifically equivalent instrument being 
manufactured in the country of importation and the instrument is to be 
used by a nonprofit institution established for scientific research or 
educational purposes.
    The purpose of this rulemaking is to update the regulations by 
implementing various proposed technical and conforming changes to part 
301 of title 15 of the CFR. Section 10.114 of the CBP regulations (19 
CFR 10.114) cross-references the location of the consolidated 
regulations of the Commerce and Treasury Departments relating to the 
entry of instruments and apparatus for educational and scientific 
institutions in 15 CFR part 301. A brief overview of the amendments to 
part 301 of title 15 of the CFR is set forth below. A more detailed 
discussion on the background of these amendments may be found in the 
preamble to the notice of proposed rulemaking (73 FR 76571, December 
17, 2008).

Explanation of Amendments

    This document amends 15 CFR 301 by making technical changes to 
replace ``U.S. Customs Service'' and similar references throughout the 
regulations with its new designation, ``Customs and Border Protection'' 
or CBP. This document also amends 15 CFR 301.8(a)(4) by deleting, in 
its entirety, any reference to the 180-day time period for the 
suspension of liquidation of entries of scientific instruments 
classified under subheading 9810.00.60 Harmonized Tariff Schedule of 
the United States (HTSUS) due to the subsequent amendments to 19 
U.S.C.1504 since section 301.8(a)(4) was promulgated. Section 301.8(c) 
is amended to delete references to the 90-day protest period for such 
entries due to the statutory amendments made by the Miscellaneous Trade 
and Technical Corrections Act of 2004 to 19 U.S.C. 1514(c)(3). A 
technical change is made to section 301.3(b) by including the Statutory 
Import Programs Staff (SIPS) Web site address to let interested parties 
know that the application for duty-free entry of scientific instruments 
(Form ITA-338P) may be obtained from that Web site. Finally, sections 
301.2(j) and (o) are amended to remove the references to spectrometers 
since the Presidential Proclamation 7011 of June 30, 1997, made 
spectrometers free of duty.

Conclusion

    In light of the fact that no comments were submitted in response to 
the solicitation of public comment on the proposed rule published in 
the Federal Register (73 FR 76571) on December 17, 2008, the 
Departments are adopting the proposed regulations without change.

Administrative Law Requirements

    Regulatory Flexibility Act. In accordance with the Regulatory 
Flexibility Act (``RFA''), 5 U.S.C. 601 et seq., the Chief Counsel for 
Regulation at the Department of Commerce has certified to the Chief 
Counsel for Advocacy, Small Business Administration, that this rule 
will not have a significant economic impact on a substantial number of 
small entities. The factual basis for this certification was published 
in the proposed rule and is not repeated here. No comments were 
received on the certification or on the economic effects of the rule 
more generally.
    Paperwork Reduction Act. This rulemaking does not contain revised

[[Page 30463]]

collection of information requirements subject to review and approval 
by the Office of Management and Budget (``OMB'') under the Paperwork 
Reduction Act of 1995. Collection activities are currently approved by 
the OMB under control number 0625-0037.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information unless it 
displays a currently valid OMB control number.
    Executive Order 12866. It has been determined that this rulemaking 
is not significant for purposes of Executive Order 12866.
    Signing Authority. With respect to the responsibility of the 
Department of the Treasury in issuing these joint regulations of the 
Commerce and Treasury Departments, it is noted that the Secretary of 
the Treasury retains the sole authority to approve regulation relating 
to certain customs revenue functions pursuant to 19 CFR 0.1(a)(1). 
Accordingly, this document is being signed by the Secretary of the 
Treasury (or his/her delegate), and by the Commissioner of CBP, who is 
signing this document as the delegate of the Secretary of the 
Department of Homeland Security.

List of Subjects in 15 CFR Part 301

    Administrative practice and procedure, Customs duties and 
inspection, Educational facilities, Imports, Nonprofit organizations, 
Scientific equipment.

Amendments to the Regulations

0
For the reasons set forth in the preamble, part 301 of title 15 of the 
CFR (15 CFR Part 301) is amended as follows:

PART 301--[AMENDED]

0
1. The authority citation for part 301 is amended to read as follows:

    Authority:  Sec. 6(c), Pub. L. 89-651, 80 Stat. 897, 899; Sec. 
2402, Pub. L. 106-36, 113 Stat. 127, 168; 19 U.S.C. 1514(c)(3)); and 
Presidential Proclamation 7011, signed on June 30, 1997.


Sec.  301.1  [Amended]

0
2. Section 301.1 is amended by removing ``Secretary of the Treasury 
(U.S. Customs Service)'' in paragraph (c)(2) and adding ``Customs and 
Border Protection'' in its place.


Sec.  301.2  [Amended]

0
3. Section 301.2 is amended as follows:
0
a. Paragraph (b) is amended by removing ``Customs means the U.S. 
Customs Service and `The Commissioner' means Commissioner of the U.S. 
Customs Service'' and adding ``The Commissioner means Commissioner of 
Customs and Border Protection'' in its place;
0
b. Paragraph (c) is amended by removing ``Customs Port'' and adding 
``CBP Port'' in its place;
0
c. The third sentence of paragraph (j) is amended by removing 
``automatic sampling equipment sold for use with a variety of mass 
spectrometers'' and adding ``a vacuum evaporator sold for use with an 
electron microscope'' in its place;
0
d. Paragraph (o) is amended by removing ``mass spectrometer'' and ``x-
ray spectrometer''.


Sec.  301.3  [Amended]

0
4. Section 301.3 is amended as follows:
0
a. The first sentence of paragraph (b) is amended by removing ``20230, 
or'' and adding ``20230, the Web site at http://ia.ita.doc.gov/sips/index.html, or'' in its place;
0
b. Paragraph (c) is amended by removing the words ``U.S. Customs 
Service, Department of the Treasury,'' and adding ``U.S. Customs and 
Border Protection'' in its place.

0
5. Section 301.8 is amended as follows:
0
a. Paragraph (a)(4) is revised;
0
b. The second sentence of paragraph (c) is amended by removing ``, 
within 90 days after notice of liquidation''.
    The revision reads as follows:


Sec.  301.8  Instructions for entering instruments through U.S. Customs 
and Border Protection under subheading 9810.00.60, HTSUS.

* * * * *
    (a) * * *
    (4) If a claim for duty-free entry under subheading 9810.00.60, 
HTSUS is made but is not accompanied by a copy of the properly stamped 
form, a deposit of the estimated duty is required. Before the entry is 
liquidated, the applicant must file with the CBP Port a properly 
stamped copy of the application form. In the event that the CBP Port 
does not receive a copy of the properly stamped application form before 
liquidation, the instrument shall be classified and liquidated in the 
ordinary course, without regard for subheading 9810.00.60, HTSUS.
* * * * *


Sec. Sec.  301.1, 301.2, 301.4, 301.5, 301.8, 301.9, 301.10  [Amended]

0
6. In addition to the amendments set forth above, 15 CFR Part 301 is 
amended by removing ``U.S. Customs Service'', ``U.S. Customs'', or 
``Customs'' and adding ``Customs and Border Protection'' in its place 
in the following places:
0
a. Second sentence in Sec.  301.1(d);
0
b. Fourth sentence in Sec.  301.2(k);
0
c. Section 301.4 heading, and first sentence of Sec.  301.4(a) 
introductory text;
0
d. Second sentence in Sec.  301.5(d)(1)(ii);
0
e. Section 301.8 heading, Sec.  301.8(a)(3), (b) heading and first and 
second sentences, and (d) first and second sentences;
0
f. Section Sec.  301.9(b) and Sec.  301.9(c); and
0
g. Second sentence in Sec.  301.10(a).


Sec. Sec.  301.7, 301.8, 301.9  [Amended]

0
7. In addition to the amendments set forth above, 15 CFR Part 301 is 
amended by removing ``Customs Port'' and adding ``CBP Port'' in its 
place in the following places:
0
a. First sentence in Sec.  301.7(b); and
0
b. Third sentence of Sec.  301.9(a) introductory text.

Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration, Department of 
Commerce.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection, Department of 
Homeland Security.
Timothy Skud,
Deputy Assistant Secretary, Department of the Treasury.
[FR Doc. E9-14884 Filed 6-25-09; 8:45 am]
BILLING CODE 3510-DS-P