[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Page 60134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24464]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[USCBP-2007-0083]


Withdrawal of Notice of Proposed Interpretation of the Expression 
``Sold For Exportation to the United States'' as Used in the 
Transaction Value Method of Valuation in a Series of Sales Importation 
Scenario

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

ACTION: Withdrawal of proposed interpretation.

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SUMMARY: This document withdraws a notice published in the Federal 
Register on January 24, 2008, which proposed a new interpretation of 
the phrase ``sold for exportation to the United States'' for purposes 
of applying the transaction value method of valuation in a series of 
sales importation scenario.

DATES: The proposed interpretation is withdrawn on September 29, 2010.

FOR FURTHER INFORMATION CONTACT: Monika Brenner, Chief, Valuation & 
Special Programs Branch, Regulations and Rulings, Office of 
International Trade, (202) 325-0038.

SUPPLEMENTARY INFORMATION:

Background

    On January 24, 2008, Customs and Border Protection (CBP) published 
in the Federal Register (73 FR 4254) a notice informing interested 
parties that CBP was proposing a new interpretation of the expression 
``sold for exportation to the United States'' for purposes of applying 
the transaction value method of valuation in a series of sales 
importation scenario. Under this proposed interpretation, in a 
transaction involving a series of sales, the price actually paid or 
payable for the imported goods when sold for exportation to the United 
States would be the price paid in the last sale occurring prior to the 
introduction of the goods into the United States, instead of the first 
(or earlier) sale. Accordingly, the transaction value would typically 
be determined on the basis of the price paid by the buyer in the United 
States.

Intervening Legislation and Implementing Regulations

    After CBP published its proposed interpretation document, Congress 
enacted the Food, Conservation and Energy Act of 2008 (Pub. L. 110-246, 
122 Stat. 1651 (June 18, 2008)) (``the Act''), in which section 15422 
required the Commissioner of CBP to collect information from importers 
for a one-year period as to whether the declared value was based on a 
``first sale'' in a series of sales transactions. CBP was required to 
report the data to the International Trade Commission (ITC) on a 
monthly basis and, in turn, the ITC was required to submit a report to 
Congress within 90 days of receiving CBP's final report.
    Congress also stated in the Act that, prior to January 1, 2011, CBP 
should not implement any change to its existing interpretation of the 
expression ``sold for exportation to the United States'' for purposes 
of applying the transaction value method of valuation in a series of 
sales importation scenario and, then, only in accordance with the 
prescribed terms set forth in the Act.
    An interim rule implementing the Act's first sale declaration 
requirement was published in the Federal Register (73 FR 49939) on 
August 25, 2008 setting forth in Sec.  141.61(g) of title 19 of the 
Code of Federal Regulations (19 CFR 141.61(g)) that for a specified 
time period importers were required to declare, at the time of entry, 
whether the transaction value of the imported merchandise was 
determined on the basis of the price paid by the buyer in the first or 
earlier sale occurring prior to introduction of the merchandise into 
the United States. Per the statute and the interim regulations, this 
requirement set forth in Sec.  141.61(g) expired on August 19, 2009.
    In the interim rule document published on August 25, 2008, CBP 
informed the public that the agency intended to withdraw the proposed 
interpretation.

Withdrawal of Proposal

    In accordance with its intent as stated in the interim rule, CBP 
withdraws the notice of proposed interpretation published in the 
Federal Register (73 FR 4254) on January 24, 2008.

    Dated: September 24, 2010.
Alan Bersin,
Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2010-24464 Filed 9-28-10; 8:45 am]
BILLING CODE 9111-14-P