[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Proposed Rules]
[Pages 66875-66880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27879]
[[Page 66875]]
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DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 10, 24, 102, 123, 128, 141, 143, 145, and 148
[USCBP-2011-0042]
RIN 1515-AD69
Informal Entry Limit and Removal of a Formal Entry Requirement
AGENCY: Customs and Border Protection, Department of Homeland Security;
Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend provisions in Customs and
Border Protection (CPB) regulations to increase the informal entry
limit from $2,000 to $2,500. Section 662 of the Customs Modernization
provisions of the North American Free Trade Agreement Implementation
Act raised the statutory limit by which the Secretary of the Treasury
is authorized to prescribe rules and regulations for the declaration
and entry of, among other things, imported merchandise when the
aggregate value of the shipment does not exceed an amount specified,
but not greater than $2,500. The current limit of $2000 was established
in 1998 and while that dollar amount has been unchanged, inflation over
the intervening years has reduced the value of that amount in real
terms. Consequently, CBP proposes to raise the current informal entry
amount to its maximum statutory limit in response to inflation that has
occurred and thereby to reduce the administrative burden on importers
and other entry filers. Moreover, CBP proposes to remove the language
requiring formal entry for certain articles, because with the
elimination of absolute quotas under the Agreement on Textiles and
Clothing, CBP no longer needs to require formal entries for these
articles. This document also makes non-substantive editorial and
nomenclature changes.
DATE: Comments must be received on or before December 27, 2011.
ADDRESSES: You may submit comments, identified by USCBP docket number,
by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2011-0042.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, Office of International Trade, U.S. Customs and Border
Protection, 799 9th Street NW. (Mint Annex), Washington, DC 20229-1179.
Instructions: All submissions received must include the agency name
and USCBP docket number for this rulemaking. All comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, Office of International Trade, U.S. Customs
and Border Protection, 799 9th Street NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: Cynthia F. Whittenburg, Trade
Facilitation and Administration Division, Office of International
Trade, Customs and Border Protection, (202) 863-6512.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. Customs and Border Protection also invites comments that
relate to the economic, environmental, or federalism effects that might
result from this proposed rule. If appropriate to a specific comment,
the commenter should reference the specific portion of the proposed
rule, explain the reason for any recommended change, and include data,
information, or authority that support such recommended change.
Background
All merchandise imported into the customs territory of the United
States is subject to entry and clearance procedures. Section 484(a),
Tariff Act of 1930, as amended (19 U.S.C. 1484(a)), provides that the
``importer of record'' or his authorized agent shall: (1) Make entry
for imported merchandise by filing such documentation or information as
is necessary to enable CBP to determine whether the merchandise may be
released from CBP custody; and (2) complete the entry by filing with
CBP the declared value, classification and rate of duty applicable to
the merchandise and such other documentation or other information as is
necessary to enable CBP to properly assess duties on the merchandise
and collect accurate statistics with respect to the merchandise and
determine whether any other applicable requirement of law is met. Part
142 of the Code of Federal Regulations (19 CFR part 142) implements
section 484 of the Tariff Act, as amended, and prescribes procedures
applicable to most CBP entry transactions. These procedures are
referred to as formal entry procedures and generally involve the
completion and filing of one or more CBP forms (such as CBP Form 7501,
Entry/Entry Summary, which contains detailed information regarding the
import transaction), or their electronic equivalent, as well as the
filing of commercial documents pertaining to the transaction. As
originally enacted, section 498, Tariff Act of 1930, as amended
(subsequently codified at 19 U.S.C. 1498), authorized the Secretary of
the Treasury to prescribe rules and regulations for the declaration and
entry of, among other things, imported merchandise when the aggregate
value of the shipment did not exceed an amount specified, but not
greater than $250. Regulations implementing this aspect of section 498
of the Tariff Act, as amended, are contained in Subpart C of part 143
of the CFR (19 CFR part 143) which is entitled ``Informal Entry.''
Section 662 of the North American Free Trade Agreement Implementation
Act (Pub. L. 103-182, 107 Stat. 2057, Dec. 8, 1993) amended section 498
by increasing to $2,500 the maximum dollar amount that the Secretary
could prescribe by regulation for purposes of the declaration and entry
of merchandise.
In 1998, in accordance with 19 U.S.C. 1498, as amended, CBP raised
the informal entry limit to $2,000. Currently, part 143 of title 19 of
the CFR (19 CFR part 143) still reflects the $2,000 informal entry
limit. In this document CBP proposes to increase the informal entry
amount to its statutory maximum limit of $2,500 in response to
inflation. The informal entry procedures set forth in subpart C of part
143 are less burdensome than the formal entry procedures prescribed in
part 142 of the regulations. By increasing the limit by $500, CBP
believes that this proposed change will reduce the overall
administrative burden on importers and
[[Page 66876]]
other entry filers by expanding the availability of the simplified
informal entry procedures. In fact, CBP has determined that increasing
the informal entry limit to $2,500 will save the trade community
approximately $11 million in merchandise processing fees. Accordingly,
this document proposes to amend part 143 of the CBP regulations to
increase the informal entry limit from $2,000 to $2,500, and to amend
any other regulatory provisions that reflect the informal entry limit.
However, 19 CFR 143.22, provides that CBP may require a formal
consumption or appraisement entry for any merchandise if deemed
necessary for: (a) Import admissibility enforcement purposes, (b)
revenue protection, or (c) the efficient conduct of Customs business.
CBP also proposes to remove language stating that formal entry is
required for certain ``articles valued in excess of $250'' that are
classified in specified parts of the Harmonized Tariff Schedule of the
United States (HTSUS). We propose to remove this language because CBP
no longer needs to require formal entries for these articles due to the
elimination of absolute quotas and visa requirements for textile
articles.
Consequently, CBP proposes to remove paragraph (a) of section
102.24 of title 19 of the CFR, which requires the use of a formal entry
and visa or export license for certain shipments of textile or apparel
products due to the elimination of quotas formerly established under
the Agreement on Textiles and Clothing.
This document also proposes to amend section 143.21(c) of the CBP
regulations to correct an erroneous cross-reference.
Explanation of Proposed Amendments
This document proposes to increase the informal entry limit by
amending title 19 of the CFR part 143, which establishes the informal
entry limit, and parts 10, 24, 123, 128, 141, 145, and 148, which
reflect the current informal entry limit. Specifically, this document
proposes to replace any references made to ``$2,000'', when pertaining
to the informal entry limit, with ``$2,500''.
To eliminate the language stating that formal entry is required for
``articles valued in excess of $250'' that are classified in certain
parts of the Harmonized Tariff Schedule of the United States (HTSUS),
CBP proposes to amend title 19 of the CFR parts 141, 143, and 148.
CBP also proposes to remove paragraph (a) of section 102.24 of
title 19 of the CFR due to the elimination of visa programs for textile
and apparel imports.
CBP further proposes to amend section 143.21(c) of title 19 of the
CFR to correct an erroneous cross-reference.
In addition, this document proposes non-substantive amendments to
the CFR to reflect nomenclature changes effected by the transfer of the
agency to the Department of Homeland Security and other minor
grammatical and editorial edits.
Executive Order 12866
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget. CBP has prepared the following
analysis to help inform stakeholders of the potential impacts of this
proposed rule.
CBP requires importers to submit a completed CBP Form 7501 or its
electronic equivalent with each entry of merchandise for consumption.
Merchandise valued over $2,000 requires a formal entry--a surety bond
is required and the importer may take possession of the merchandise
before duties and taxes are assessed. Currently, merchandise valued
below $2,000 may be entered informally, with no bond requirement and
duties and taxes are assessed immediately, but may require a formal
entry at a Port Director's discretion. If finalized, this regulation
will increase the ceiling for which merchandise may qualify for an
informal entry from $2,000 to $2,500.
Unless exempt under a free trade agreement and in addition to any
duty or tax owed, merchandise requiring a formal entry is subject to a
0.21 percent ad valorem merchandise processing fee, which may be no
greater than $485 and no less than $25. Any merchandise currently
requiring a formal entry with a value of $2,000 to $2,500 is subject to
the minimum $25 merchandise processing fee. Entries considered informal
entries as a result of the change in the threshold would now be subject
to only a $2 merchandise processing fee (assuming they are filed
electronically). In FY 2009, CBP processed 476,081 formal entries that
were not subject to free trade agreements and were subject to the $25
merchandise processing fee that were valued between $2,000 and $2,500.
Consequently, raising the informal entry limited to $2,500 would result
in a loss of approximately $12 million in revenues if the $25
merchandise processing fee were not collected for these entries
(476,081 x $25 = $11.9 million). Revenues would now be approximately $1
million (476,081 x $2 = $0.95 million), thus the net loss in fees
collected would be approximately $11 million ($12 million -$1 million).
Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 603), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996.
A small entity may be a small business (defined as any independently
owned and operated business not dominant in its field that qualifies as
a small business per the Small Business Act); a small not-for-profit
organization; or a small governmental jurisdiction (locality with fewer
than 50,000 people).
The proposed regulation, if finalized, will increase the ceiling
for informal entries from $2,000 to $2,500. Given the available data,
we are not able to estimate the number of small entities potentially
affected by this regulation because we are not able to discern whether
these informal entries were made by an individual (who would not be
considered a small business) or a commercial entity. However, given the
number of informal entries filed in FY 2009, the number of entities
affected is believed to be significant.
Our analysis, however, demonstrates that this regulation would
create a benefit through cost savings to filers of approximately $11
million a year. Thus, to the extent that this rule affects small
entities, these entities would experience a small cost savings on a
per-transaction basis. The total cost savings per entity would be based
on its annual transaction levels. Conversely, brokers may be indirectly
affected by this rule if they provide services to affected importers.
Again, indirect impacts are driven by the number of transactions. CBP
believes that this rule will not have a significant economic impact on
a substantial number of small entities. However, CBP welcomes any
comments regarding this assessment.
[[Page 66877]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), an agency may not conduct, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB. The
collection of information on the Entry Summary and Informal Entry are
approved by OMB under collection 1651-0022.
Comments on the collection of information should be sent to the
Office of Management and Budget, Attention: Desk Officer of the
Department of Homeland Security, Customs and Border Protection, Office
of Information and Regulatory Affairs, Washington, DC 20503. A copy
should also be sent to the Trade and Commercial Regulations Branch,
Office of International Trade, U.S Customs and Border Protection, 799
9th Street NW., (Mint Annex), Washington, DC 20229-1179. Comments
should be submitted within the time frame that comments are due
regarding the substance of the proposal.
Signing Authority
This proposed regulation is being issued in accordance with 19 CFR
0.1(a)(1) pertaining to the Secretary of the Treasury's authority (or
that of his delegate) to approve regulations related to certain customs
revenue functions.
List of Subjects
19 CFR Part 10
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 24
Customs duties and inspection, Reporting and recordkeeping
requirements, Taxes.
19 CFR Part 102
Canada, Customs duties and inspection, Imports, Mexico, Reporting
and recordkeeping requirements, Trade agreements.
19 CFR Part 123
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 128
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 141
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 143
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 145
Customs duties and inspection, Reporting and recordkeeping
requirements.
19 CFR Part 148
Customs duties and inspection, Reporting and recordkeeping
requirements, Taxes.
Proposed Amendments to the CBP Regulations
For the reasons set forth in the preamble, parts 10, 24, 102, 123,
128, 141, 143, 145, and 148 of title 19 of the CFR (19 CFR parts 10,
24, 102, 123, 128, 141, 143, 145, and 148) are proposed to be amended
as set forth below.
PART 10--ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE,
ETC.
1. The general authority citation for part 10 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States (HTSUS)), 1321, 1481, 1484,
1498, 1508, 1623, 1624, 3314.
* * * * *
Sec. 10.1 [Amended]
2. In Sec. 10.1:
a. Introductory paragraph (a) is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the sum ``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a)(1) is amended by removing the first two numerals
of the year ``19------'' and adding in its place the numerals ``20----
--'';
c. Paragraph (a)(2) is amended by removing the word ``shall'' and
adding in its place the word ``must'';
d. Paragraph (b) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
e. Paragraph (e) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
f. Paragraph (f) is amended by removing the word ``shall'' each
place that it appears and adding in its place the word ``must'';
g. Paragraph (g)(1) is amended by:
i. Removing the word ``Customs'' each place that it appears and
adding in its place the term ``CBP'';
ii. Removing the word ``shall'' the first time that it appears and
adding in its place the word ``must''; and
iii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``will'';
h. Paragraph (g)(2) is amended by removing the word ``shall'' and
adding in its place the word ``must'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
i. Paragraph (g)(3) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``will'';
j. Paragraph (h)(1) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and removing the word ``shall'' each place that it appears and adding
in its place the word ``must'';
k. Paragraph (h)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
l. Paragraph (h)(3) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and removing the word ``shall'' and adding in its place the word
``must'';
m. Introductory paragraph (h)(4) is amended by removing the word
``shall'' and adding in its place the word ``must'';
n. Paragraph (h)(5) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``will'';
o. Paragraph (h)(5)(i) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' each place that it appears and
adding in its place the word ``must''; and
p. Paragraph (j)(2) is amended by removing the word ``Customs''
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' each place that it appears and
adding in its place the word ``must''.
PART 24--CUSTOMS AND FINANCIAL ACCOUNTING PROCEDURE
3. The general authority citations for part 24 is revised and the
specific authority citation for Sec. 24.23 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General
Note 3(i), Harmonized Tariff Schedule of the United States), 1505,
1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
* * * * *
[[Page 66878]]
Section 24.23 also issued under 19 U.S.C. 3332;
* * * * *
Sec. 24.23 [Amended]
4. In Sec. 24.23:
a. The introductory paragraph (a)(4) is amended by removing the
word ``shall'' and adding in its place the word ``must'';
b. Paragraph (b)(1)(i)(A) is amended by removing the sum ``$2,000''
and adding in its place the sum ``$2,500'';
c. Paragraph (b)(1)(i)(B) is amended by removing the word ``shall''
each place that it appears and adding in its place the word ``must'';
d. Paragraph (b)(1)(ii) is amended by removing the word ``shall''
each place that it appears and adding in its place the word ``will'';
e. Paragraph (b)(3) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
f. Paragraph (b)(4) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'';
g. Paragraph (c)(1) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
h. Paragraph (c)(2)(i) and (ii) are amended by removing the word
``shall'' and adding in its place the word ``will'';
i. Paragraph (c)(3) is amended by removing the word ``shall'' each
place that it appears and adding in its place the word ``will'';
j. Paragraph (c)(4) is amended by removing the word ``shall'' and
adding in its place the word ``will'';
k. Paragraph (c)(5) is amended by:
i. Removing the word ``shall'' and adding in its place the word
``will'';
ii. Removing the word ``Custons'' and adding in its place the word
``Customs'';
l. Paragraph (d)(1) is amended by:
i. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
ii. Removing the word ``shall'' and adding in its place the word
``must'';
m. Paragraph (d)(2) is amended by:
i. Removing the word ``shall'' in the first sentence and adding in
its place the word ``must'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``will'';
n. Paragraph (e)(1) is amended by removing the word ``Customs'', in
its heading and in its text, each place that it appears and adding in
its place the word ``customs'', and by removing the word ``shall'' each
place that it appears and adding in its place the word ``will''; and
o. Paragraph (e)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the word ``customs''.
PART 102--RULES OF ORIGIN
5. The general authority citation for part 102 continues to read as
follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States), 1624, 3314, 3592.
* * * * *
Sec. 102.24 [Amended]
6. Section 102.24 is amended by removing paragraph (a), the
paragraph designation ``(b)'', and the paragraph (b) subject heading.
* * * * *
PART 123--CBP RELATIONS WITH CANADA AND MEXICO
7. The general authority citation for part 123 and the specific
authority citations for Sec. 123.4 continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized
Tariff Schedule of the United States (HTSUS)), 1431, 1433, 1436,
1448, 1624, 2071 note.
* * * * *
Section 123.4 also issued under 19 U.S.C. 1484, 1498;
* * * * *
Sec. 123.4 [Amended]
8. In Sec. 123.4:
a. The introductory paragraph is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the word ``Customs'' and adding in its place the term ``CBP'';
b. Paragraph (a) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
c. Paragraph (b) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500'', and removing the word
``Customs'' each place that it appears and adding in its place the term
``CBP'';
d. Paragraph (c) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP''; and
e. Paragraph (d) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and removing the word ``shall''
and adding in its place the word ``must''.
Sec. 123.92 [Amended]
9. In Sec. 123.92:
a. Paragraph (b)(2)(i) is amended by removing the words ``Customs
Form (CF)'' and adding in its place the term ``CBP Form'';
b. Paragraph (b)(2)(ii) is amended by removing the sum ``$2,000''
and adding in its place the sum ``$2,500'', and by removing the term
``CF'' and adding in its place the words ``CBP Form'';
c. Paragraph (b)(2)(iii) is amended by removing the term ``CF'' and
adding in its place the words ``CBP Form''; and
d. Paragraph (c)(2) is amended by removing the term ``Customs'' and
adding in its place the word ``customs''.
PART 128--EXPRESS CONSIGNMENTS
10. The general authority citation for part 128 continues to read
as follows:
Authority: 19 U.S.C. 58c, 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1321, 1484, 1498,
1551, 1555, 1556, 1565, 1624.
* * * * *
Sec. 128.24 [Amended]
11. In Sec. 128.24:
a. Paragraph (a) is amended by removing the sum ``$2,000'' each
place that it appears and adding in its place the sum ``$2,500'';
b. Paragraph (b) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'', and by removing the word
``shall'' and adding in its place the word ``must'';
c. Paragraph (c) is amended by removing the word ``Customs'' each
place that it appears and adding in its place the term ``CBP'', and by
removing the word ``shall'' each place that it appears and adding in
its place the word ``must'';
d. Paragraph (d) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP''; and
e. Paragraph (e) is amended by removing, in the text, the word
``shall'' and adding in its place the word ``will''.
PART 141--ENTRY OF MERCHANDISE
12. The general authority citation for part 141 is revised to read
as follows:
Authority: 19 U.S.C. 66, 1448, 1484, 1498, 1624.
* * * * *
Sec. 141.82 [Amended]
13. In Sec. 141.82:
a. Paragraphs (b) and (c) are amended by removing the word
``shall'' each place that it appears and adding in its place the word
``must''; and
b. Paragraph (d) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the words ``Sections VII, VIII, XI, and XII; Chapter
94; and''; and
iii. Adding the symbol '')'' after the word ``States''.
[[Page 66879]]
PART 143--SPECIAL ENTRY PROCEDURES
14. The general authority citation for part 143 is revised to read
as follows:
Authority: 19 U.S.C. 66, 1321, 1414, 1481, 1484, 1498, 1624,
1641.
* * * * *
Sec. 143.21 [Amended]
15. In Sec. 143.21:
a. Paragraphs (a) and (b) are amended by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a) is further amended by removing the words
``Sections VII, VIII, XI, and XII; Chapter 94 and'';
c. Paragraph (c) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the citation ``Sec. 141.51'' and adding in its place
the citation ``Sec. 141.52''; and
iii. Removing the words ``subheadings from Sections VII, VIII, XI,
and XII; or in Chapter 94 and'';
d. Paragraphs (f) and (g) are amended by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
e. Paragraph (j) is amended by removing the word ``Customs'' and
adding in its place the term ``CBP'';
Sec. 143.22 [Amended]
16. Section 143.22 is amended by removing the word ``Customs'' and
adding in its place the word ``customs'', and by removing the sum
``$2,000'' and adding in its place the sum ``$2,500''.
Sec. 143.23 [Amended]
17. In Sec. 143.23:
a. The introductory paragraph is amended by removing the word
``shall'' and adding in its place the word ``must'', and by removing
the word ``Customs'' each time it appears and adding in its place the
term ``CBP'';
b. Paragraphs (b) and (c) are amended by removing the word
``Customs'' and adding in its place the term ``CBP'';
c. Paragraph (d) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the words ``Sections VII, VIII, XI, and XII; Chapter
94; and'';
d. Paragraph (e) is amended by removing the word ``can'' and adding
in its place the word ``may'';
e. Paragraphs (f), (g), and (h) are amended by removing the word
``Customs'' each time it appears and adding in its place the term
``CBP''; and
f. Paragraph (i) is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
Sec. 143.26 [Amended]
18. In Sec. 143.26:
a. Paragraph (a) is amended by removing, in its heading and in its
text, the sum ``$2,000'' each place that it appears and adding in its
place the sum ``$2,500''; and
b. Paragraph (b) is amended by removing the space between
``appropriatel'' and ``y'' to read ``appropriately'', and by removing
the word ``Customs'' and adding in its place the word ``customs''.
PART 145--MAIL IMPORTATIONS
19. The general authority citation for part 145 and the specific
authority citations for Sec. Sec. 145.4, 145.12, 145.31, 145.35,
145.41 continue to read as follows:
Authority: 19 U.S.C. 66, 1202 (General Notice 3(i), Harmonized
Tariff Schedule of the United States), 1624.
* * * * *
Section 145.4 also issued under 18 U.S.C. 545, 19 U.S.C. 1618;
* * * * *
Section 145.12 also issued under 19 U.S.C. 1315, 1484, 1498;
* * * * *
Section 145.31 also issued under 19 U.S.C. 1321;
Section 145.35 through 145.38, 145.41, also issued under 19
U.S.C. 1498;
* * * * *
Sec. 145.4 [Amended]
20. In Sec. 145.4:
a. Paragraph (a) is amended by removing the word ``Customs'' the
first time it appears and adding in its place the term ``CBP'', and by
removing the word ``Customs'' the second time it appears and adding in
its place the word ``customs''; and
b. Paragraph (c) is amended by:
i. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500'';
ii. Removing the word ``Customs'' and adding in its place the term
``CBP''; and
iii. Removing the word ``shall'' and adding in its place the word
``must''.
Sec. 145.12 [Amended]
21. In Sec. 145.12:
a. Paragraph (a)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the sum
``$2,000'' and adding in its place the sum ``$2,500'';
b. Paragraph (a)(3) is amended by:
i. Removing the sum ``$2,000'' each place that it appears and
adding in its place the sum ``$2,500'';
ii. Removing the word ``Customs'' the first time that it appears
and adding in its place the term ``CBP'';
iii. Removing the word ``Customs'' the second time that it appears
and adding in its place the word ``customs''; and
iv. Removing the words ``shall not'' and adding in its place the
word ``cannot'';
c. Paragraph (a)(4) is amended by:
i. Removing the word ``shall'' in the first and second sentence and
adding in its place the word ``will'';
ii. Removing the word ``shall'' in the last sentence and adding in
its place the word ``must''; and
iii. Removing the word ``Customs'' and adding in its place the term
``CBP'', and adding the word, ``customs'' before the word, ``station'';
d. Paragraph (b)(1) is amended by:
i. Removing the word ``Customs'' each place that it appears and
adding in its place the term ``CBP'';
ii. Removing the word ``shall'' each place that it appears and
adding in its place the word ``will'';
iii. Removing the sum ``$2,000'' and adding in its place the sum
``$2,500''; and
iv. Removing the word ``shall'' and adding in its place the word
``will'';
e. Paragraph (b)(2) is amended by removing the word ``shall'' and
adding in its place the word ``will'', and by removing the word
``Customs'' and adding in its place the term ``CBP'';
f. Paragraph (c) is amended by:
i. Removing, in its heading and in its text, the sum ``$2,000'' and
adding in its place the sum $2,500'';
ii. Removing the word ``Customs'' each place that it appears in the
first sentence and adding in its place the term ``CBP'';
iii. Removing the words ``Customs treatment'' in the third sentence
and adding in its place the words ``customs treatment'';
iv. Removing the words ``Customs office'' and adding in its place
the words ``CBP office''; and
v. Removing the word ``shall'' each place that it appears and
adding in its place the term ``will'';
g. Paragraph (e)(1) is amended by removing the word ``Customs'' in
each place that it appears and adding in its place the term ``CBP'',
and by removing the word ``shall'' and adding in its place the word
``will''; and
h. Paragraph (e)(2) is amended by:
i. Removing the words ``Customs Form'' each place that it appears,
in its heading and its text, and adding in its place the words ``CBP
Form'';
ii. Removing the words ``Customs officer'' and adding in its place
the words ``CBP officer'';
iii. Removing the words ``Customs purposes'' and adding in its
place the words ``customs purposes'';
iv. Removing the word ``shall'' in the first sentence and adding in
its place the word ``must''; and
[[Page 66880]]
v. Removing the word ``shall'' in the second sentence and adding in
its place the word ``will''.
Sec. 145.31 [Amended]
22. Section 145.31 is amended by removing the word ``shall'' and
adding in its place the word ``will''.
Sec. 145.35 [Amended]
23. Section 145.35 is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
Sec. 145.41 [Amended]
24. Section 145.41 is amended by removing the sum ``$2,000'' and
adding in its place the sum ``$2,500''.
PART 148--PERSONAL DECLARATIONS AND EXEMPTIONS
25. The general authority citation for part 148 is revised and the
specific authority citations for Sec. 148.51 and 148.64 continue to
read as follows:
Authority: 19 U.S.C. 66, 1496, 1498, 1624. The provisions of
this part, except for subpart C, are also issued under 19 U.S.C.
1202 (General Note 3(i), Harmonized Tariff Schedule of the United
States).
* * * * *
Sections 148.43, 148.51, 148.63, 148.64, 148.74 also issued
under 19 U.S.C. 1321;
* * * * *
Sec. 148.23 [Amended]
26. In Sec. 148.23:
a. Paragraph (c)(1) is amended by removing, in its heading and in
its text, the sum ``$2,000'' and adding in its place the sum
``$2,500'';
b. Paragraph (c)(1) is further amended by removing, in the text,
the words ``Sections VII, VIII, XI, and XII; Chapter 94; and'';
c. Paragraph (c)(2) is amended by removing, in its heading and in
its text, the sum ``$2,000'' and adding in its place the sum
``$2,500''; and
d. Paragraph (c)(2) is further amended by removing the words
``Sections VII, VIII, XI, and XII; Chapter 94; and''.
Sec. 148.54 [Amended]
27. Section 148.54(b) is amended by removing the sum ``$250'' and
replacing it with the sum``$2,500''.
Alan D. Bersin,
Commissioner, U.S. Customs and Border Protection.
Approved: October 24, 2011.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2011-27879 Filed 10-27-11; 8:45 am]
BILLING CODE 4810-14-P