[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73306-73310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29632]



[[Page 73306]]

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DEPARTMENT OF HOMELAND SECURITY

 U.S. Customs and Border Protection

19 CFR Parts 4, 24, 101, 102, 127, 159, 161 and 177

[CBP Dec. 12-21]


Technical Corrections to U.S. Customs and Border Protection 
Regulations

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: U.S. Customs and Border Protection (CBP) periodically reviews 
its regulations to ensure that they are current, correct, and 
consistent. Through this review process, CBP has discovered a number of 
discrepancies. This document amends various sections of title 19 of the 
Code of Federal Regulations (19 CFR) to correct those discrepancies.

DATES: The final rule is effective December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Maria Lloyd, Trade and Commercial 
Regulations Branch, Regulations and Rulings, Office of International 
Trade, (202) 325-0369.

SUPPLEMENTARY INFORMATION: 

Background

    It is the policy of U.S. Customs and Border Protection (CBP) to 
periodically review title 19 of the Code of Federal Regulations (19 
CFR) to ensure that it is accurate and up-to-date so that the importing 
and general public are aware of CBP requirements and procedures 
regarding import-related activities. As part of this review policy, CBP 
has determined that certain corrections are necessary affecting parts 
4, 24, 101, 102, 127, 159, 161 and 177 of the CBP regulations (19 CFR 
parts 4, 24, 101, 102, 127, 159, 161 and 177).

Discussion of Changes

Part 4

    Section 4.7 of the CBP regulations (19 CFR 4.7) sets forth 
requirements regarding vessel manifests. Section 4.21 of the CBP 
regulations (19 CFR 4.21) concerns exemptions from tonnage taxes. 
Section 4.83 of the CBP regulations (19 CFR 4.83) governs trade between 
United States ports on the Great Lakes and other ports of the United 
States. Sections 4.7, 4.21 and 4.83 each contain references to a Great 
Lakes license endorsement. The statutory provision providing for a 
Great Lakes endorsement, formerly found in 46 U.S.C. 12107, was 
repealed by Sec.  1115(a) of the Coast Guard Authorization Act of 1996, 
Public Law 104-324 (October 19, 1996). Accordingly, this document makes 
conforming amendments to 19 CFR Part 4 by removing references to the 
Great Lakes endorsement in Sec.  4.7; by removing paragraphs (b)(11) 
and (b)(12) of Sec.  4.21, which pertain to vessels with Great Lakes 
endorsements, and by removing paragraph (b) of Sec.  4.83, which also 
pertains to vessels with Great Lakes endorsements. In addition, 
paragraph (a) of Sec.  4.7 contains a typographical error. As such, 
paragraph (a) in Sec.  4.7 is amended by replacing the word 
``Statment'' with the word ``Statement''. Section 4.85 of the CBP 
regulations (19 CFR 4.85) concerns vessels with residue cargo for 
domestic ports. Section 4.85 contains a reference to a Great Lakes 
license endorsement, which was formally repealed, as discussed above. 
Accordingly, this document makes conforming amendments to paragraph (a) 
in Sec.  4.85.
    Sections 4.80 and 4.80a of the CBP regulations (19 CFR 4.80 and 
4.80a) concern coastwise transportation of passengers or merchandise. 
Each section contains certain outdated statutory references. Public Law 
109-304, titled ``To complete the codification of title 46, United 
States Code, ``Shipping'', as positive law'' enacted on October 6, 
2006, recodified, reorganized and amended title 46, United States Code, 
including its Appendix. The Jones Act, formerly 46 U.S.C. App. 883, is 
recodified as 46 U.S.C. 55102. The Passenger Vessel Services Act, 
formerly 46 U.S.C. App. 289, is now recodified as 46 U.S.C. 55103. 
Former 46 U.S.C. App. 289c is recodified and now found at 46 U.S.C. 
55104. Former 46 U.S.C. 12106(d) is recodified and now found at 46 
U.S.C. 12117. Accordingly, this document makes the necessary technical 
amendments to paragraphs (b), (f) and (h) of Sec.  4.80 and paragraphs 
(b), (c) and (d) of Sec.  4.80a to conform to the above-referenced 
statutory changes.

Part 24

    Section 24.5 of the CBP regulations (19 CFR 24.5) contains the 
legacy agency name and an outdated office name and address for CBP's 
National Finance Center. Accordingly, Sec.  24.5(f) is amended to 
remove the outdated information and replace it with the current agency 
name, office name, and address of the National Finance Center.
    Section 24.24 of the CBP regulations (19 CFR 24.24) sets forth 
CBP's financial and accounting procedures. This section makes reference 
to the ``Office of Finance.'' On November 23, 2009, CBP reorganized the 
``Office of Finance'' as the ``Office of Administration'' and changed 
its name to better communicate, internally and externally, the scope of 
the office's responsibilities. The Office of Administration oversees 
all aspects of financial management and accountability for CBP 
including: accounting and budget; financial systems; procurement and 
acquisition; facilities and engineering; asset management and 
investment management, and oversight of all financial operations within 
CBP. As appropriate, the term ``Office of Finance'' is removed wherever 
it appears and is replaced with the term ``Office of Administration''. 
Accordingly, this document makes non-substantive amendments to 
Sec. Sec.  24.24(c)(8)(i), 24.24(e)(1)(ii), 24.24(e)(2)(iii), 
24.24(e)(3)(ii), 24.24 (e)(4)(iii) and 24.24(e)(4)(iv)(A) to reflect 
the correct nomenclature and to Sec.  24.24(e)(4)(iv)(B)(5), to reflect 
the nomenclature change of ``Customs'' to ``CBP.''
    Section 24.26 of the CBP regulations (19 CFR 24.26) contains in 
various paragraphs an outdated office name, that is, the Financial 
Management Service Center, and an outdated address for CBP's National 
Finance Center to where certain applications to participate in a 
program are to be mailed. Accordingly, paragraphs (b), (c), (d) and (g) 
of Sec.  24.26 are amended to replace the outdated office name and 
address with the current office name, Revenue Division, and address of 
the National Finance Center. Section 24.26 is further amended by 
replacing the word ``Customs'' with the term ``CBP'' in paragraphs (a), 
(c), (d), (e)(1), and (f).

Part 101

    Section 101.9 of the CBP regulations (19 CFR 101.9) sets forth the 
test programs or procedures for evaluating the effectiveness of new 
technologies or operational procedures. Section 101.9 contains a 
typographical error in the citation of section 411(a)(2) of the Tariff 
Act of 1930. Section 101.9 is amended by correcting the citation to 
read ``(19 U.S.C. 1411(a)(2)),'' in paragraph (b). Section 101.9 is 
further amended by replacing the words ``Commissioner of Customs'' with 
the words ``Commissioner of CBP''; by replacing the reference to 
``Customs Regulations'' with a reference to ``CBP regulations''; and by 
replacing the word ``shall'' with the word ``will''.

Part 102

    Section 102.20 of the CBP regulations (19 CFR 102.20) sets forth 
the specific rules of origin by tariff classification. In

[[Page 73307]]

paragraph (f) of Sec.  102.20, titled ``Section VI: Chapters 28 through 
38'', the entry for 2933.11--2934.99 contains duplicative tariff 
numbers that should appear only in the column headed, ``HTSUS.'' As 
such, section 102.20(f) is amended by removing the tariff numbers 
``2933.11--2934.99:'' that are set forth before the sentence that 
begins with the words, ``A change to'' in the column headed, ``tariff 
shift and/or other requirements''.
    Paragraph (q) of Sec.  102.20, titled ``Section XVIII: Chapters 90 
through 92'' contains a typographical error in the entry for subheading 
9001.10, HTSUS, that provides for the tariff shift rule which 
encompasses optical fibers and optical fiber bundles and cables. As 
such, section 102.20(q) is amended by removing the typographical error 
of the word ``performs'' and replacing it with the word ``preforms'' in 
the entry for subheading 9001.90, HTSUS.

Parts 127

    Section 127.43 of the CBP regulations (19 CFR 127.43) sets forth 
regulations regarding establishing title to unclaimed and abandoned 
merchandise which has vested in the government. This section makes a 
reference to the outdated ``Office of Finance.'' Accordingly, this 
document amends Sec.  127.43(e) to reflect the correct nomenclature.

Part 159

    Sections 159.41 and 159.47 of the CBP regulations (19 CFR 159.41 
and 159.47) concern the special duties of antidumping and 
countervailing, respectively. These sections contain an outdated 
reference to the Department of Commerce's International Trade 
Administration (ITA) regulations. ITA promulgated a single new part 351 
and removed parts 353 and 355 from 19 CFR chapter III by a final rule 
published in the Federal Register (62 FR 27296, May 19, 1997). 
Accordingly, Sec. Sec.  159.41 and 159.47 are amended to conform the 
CBP regulations with the ITA regulations by removing the outdated 
reference to part 353 and replacing it with part 351.
    Section 159.63 of the CBP regulations (19 CFR 159.63) pertains to 
CBP receiving a certification from certain domestic producers to make a 
distribution of an offset under the antidumping and countervailing 
laws. This section makes references to the outdated ``Office of 
Finance.'' Accordingly, this document amends Sec.  159.63(a) to reflect 
the correct nomenclature.

Part 161

    Section 161.16 of the CBP regulations (19 CFR 161.16) pertains to 
filing a claim for informant compensation. This section contains an 
outdated reference to a Customs form that was abolished and replaced by 
a DHS form and an outdated reference to an investigative position. 
Accordingly, Sec.  161.16(b) is amended by replacing the reference to 
``Customs Form 4623'' with the reference to ``DHS Form 4623''; by 
replacing the outdated position in the former Customs Service of 
``Special Agent in Charge'' with the current position of ``Special 
Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland 
Security Investigations''; and by replacing ``Customs Headquarters'' 
with the reference to ``CBP Headquarters''. Also, the word ``shall'' is 
replaced with either ``must'' or ``will'', as appropriate, in 
paragraphs (a) and (b) of Sec.  161.16 to conform with the plain 
English mandate.

Part 177

    Section 177.13 of the CBP regulations (19 CFR 177.13) pertains to 
inconsistent customs decisions. This section contains an incorrect 
statutory citation. Accordingly, the first sentence in paragraph 
(a)(2)(i) of Sec.  177.13 is amended by removing the incorrect 
reference to ``(19 U.S.C. 1514(c) (1))'' and replacing it with the 
reference to ``(19 U.S.C. 1514(c)(2))''. Also, section 177.13 is 
amended by making non-substantive editorial and nomenclature 
amendments. As appropriate, the word ``Customs'' is replaced with the 
term ``CBP'' in the context of either a CBP official(s), CBP offices or 
CBP Headquarters in the title of the section, paragraph (a), the first 
sentence of paragraph (b)(2), and paragraph (d) of Sec.  177.13. The 
words ``Customs Service'' are replaced with the term ``CBP'' in 
paragraphs (b)(2), (d), and (f) of Sec.  177.13. Additionally, the word 
``shall'' is replaced with the word ``will'' in paragraphs (a)(2), (c), 
and (f) of Sec.  177.13. Finally, paragraph (b)(1) of Sec.  177.13 is 
amended, by replacing the word ``shall'' with the word ``must''.

Inapplicability of Notice and Delayed Effective Date

    Because the technical corrections set forth in this document merely 
conform to existing law and regulation, CBP finds that good cause 
exists for dispensing with notice and public procedure as unnecessary 
under 5 U.S.C. 553(b)(B). 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.

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 Executive Order 12866, as 
supplemented by Executive Order 13563.

Signing Authority

    This document is limited to technical corrections of the CBP 
regulations. Accordingly, it is being signed under the authority of 19 
CFR 0.1(b)(1).

List of Subjects

19 CFR Part 4

    Customs duties and inspection, Exports, Freight, Harbors, Maritime 
carriers, Reporting and recordkeeping requirements, Vessels.

19 CFR Part 24

    Accounting, Customs duties and inspection, Fees, Financial and 
accounting procedures, Imports, Interest, Reporting and recordkeeping 
requirements, User fees.

19 CFR Part 101

    Administrative practice and procedure, Customs duties and 
inspection, Organizations and functions (government agencies), Tests.

19 CFR Part 102

    Customs duties and inspection, Imports, Reporting and recordkeeping 
requirements, Rules of origin, Trade Agreements.

19 CFR Part 127

    Customs duties and inspection, Exports, Freight, Reporting and 
recordkeeping requirements.

19 CFR Part 159

    Antidumping (liquidation of duties), Countervailing duties 
(liquidation of duties), Customs duties and inspection, Liquidations of 
entries for merchandise.

19 CFR Part 161

    Customs duties and inspection, Imports, Law Enforcement.

19 CFR Part 177

    Administrative practice and procedure, Customs duties and 
inspection, Reporting and recordkeeping requirements, Rulings.

[[Page 73308]]

Amendments to the CBP Regulations

    For the reasons set forth above, parts 4, 24, 101, 102, 127, 159, 
161 and 177 of the CBP regulations (19 CFR parts 4, 24, 101, 102, 127, 
159, 161 and 177) are amended as set forth below.

PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES

0
1. The general authority citation for part 4 continues, and the 
specific authority citations for Sec. Sec.  4.7, 4.21, 4.80 and 4.83 
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 4.7 also issued under 19 U.S.C. 1581(a);
* * * * *
    Section 4.21 also issued under 19 U.S.C. 1441; 46 U.S.C. 60301-
60310, 60312;
* * * * *
    Sections 4.80, 4.80a, and 4.80b also issued under 19 U.S.C. 
1706a; 28 U.S.C. 2461 note; 46 U.S.C. 12112, 12117, 12118, 50501-
55106, 55107, 55108, 55110, 55114, 55115, 55116, 55117, 55119, 
56101, 55121, 56101, 57109; Pub. L. 108-7, Division B, Title 
II,Sec.  211;

* * * * *
    Section 4.83 also issued under 46 U.S.C. 60105, 60308;
* * * * *


Sec.  4.7  [Amended]

0
2. In Sec.  4.7:
0
a. Paragraph (a) is amended by removing the word ``Statment'' and 
adding in its place the word ``Statement''.
0
b. Paragraph (d)(1)(i) is amended by removing the words ``, or Great 
Lakes license endorsement''; and by removing the phrase ``, to be 
employed in the foreign, coastwise, or Great Lakes trade, or'' and 
adding in its place the phrase ``to be employed in the foreign or 
coastwise trade, or''.


Sec.  4.21  [Amended]

0
3. In Sec.  4.21:
0
a. Paragraphs (b)(11) and (b)(12) are removed; and
0
b. Existing paragraphs (b)(13) through (b)(17) are redesignated as 
paragraphs (b)(11) through (b)(15).


Sec.  4.80  [Amended]

0
4. In Sec.  4.80:
0
a. Paragraph (b)(1) is amended by removing the citation ``(46 U.S.C. 
883)'' and adding in its place the citation ``(46 U.S.C. 55102)'';
0
b. Paragraph (b)(2) is amended by removing the parenthetical phrase 
``(46 U.S.C. App. 289, as adjusted by the Federal Civil Penalties 
Inflation Adjustment Act of 1990)'' and adding in its place the 
parenthetical phrase ``(46 U.S.C. 55103, as adjusted by the Federal 
Civil Penalties Inflation Act of 1990)'';
0
c. Paragraph (f) is amended, in the third sentence, by removing the 
parenthetical phrase ``(section 9 of the Act of Sept. 7, 1916, as 
amended, 46 U.S.C. 808).'' and adding in its place the parenthetical 
phrase ``(section 9 of the Act of Sept. 7, 1916, as amended, 46 U.S.C. 
56101 and 57109).'';
0
d. Paragraph (h) is amended:
0
(i) at the end of the first sentence, by removing the parenthetical 
phrase ``(46 U.S.C. 12106(d)).'' and adding in its place the 
parenthetical phrase ``(46 U.S.C. 12117).'';
0
(ii) at the beginning of the second sentence, by removing the words 
``Notwithstanding 46 U.S.C. App. 883,'' and adding in its place the 
words ``Notwithstanding 46 U.S.C. 55102,''; and
0
(iii) by revising the last sentence of paragraph (h).
    The revision reads as follows:


Sec.  4.80  Vessels entitled to engage in coastwise trade.

* * * * *
    (h) * * * Such vessel may also engage in any other employment for 
which a registry or fishing endorsement is not required, and may 
qualify to operate for other purposes by meeting the applicable 
requirements of 46 CFR part 67.
* * * * *


Sec.  4.80a  [Amended]

0
5. In Sec.  4.80a:
0
a. Paragraph (b) is amended, in the first sentence, by removing the 
citation ``(46 U.S.C. 289)'' and adding in its place the citation ``(46 
U.S.C. 55103)'';
0
b. Paragraph (c) is amended by removing the language ``a finding under 
46 U.S.C. 289c'' and adding in its place ``a finding under 46 U.S.C. 
55104''; and
0
c. Paragraph (d) is amended by removing the language ``in violation of 
46 U.S.C. 289'' and adding in its place ``in violation of 46 U.S.C. 
55103''.


Sec.  4.83  [Amended]

0
6. In Sec.  4.83:
0
a. Paragraph (a) is amended by removing the designation (a); and
0
b. Paragraph (b) is removed.


Sec.  4.85  [Amended]

0
7. Paragraph (a) in Sec.  4.85 is amended by removing the phrase ``or, 
where appropriate, a Great Lakes license endorsement,'' and adding in 
its place the word ``endorsement,''.

PART 24--CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE

0
8. The general authority citation for part 24 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. 3717, 9701; Public Law 
107-296, 116 Stat. 2135 (6 U.S.C. 1 et. seq.).
* * * * *


Sec.  24.5  [Amended]

0
9. Paragraph (f) in Sec.  24.5 is amended, in the last sentence, by 
removing the words ``U.S. Customs Service, Accounting Services--
Accounts Receivable, 6026 Lakeside Boulevard, Indianapolis, Indiana 
46278,'' and adding in their place the words ``the National Finance 
Center, U.S. Customs and Border Protection, Office of Administration, 
Revenue Division, 6650 Telecom Drive, Suite 100, Indianapolis, IN 
46278,''.


Sec.  24.24  [Amended]

0
10. In Sec.  24.24:
0
a. Paragraph (c)(8)(i) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration'';
0
b. Paragraph (e)(1)(ii) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration'';
0
c. Paragraph (e)(2)(iii) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration'';
0
d. Paragraph (e)(3)(ii) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration'';
0
e. Paragraph (e)(4)(iii) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration'';
0
f. Paragraph (e)(4)(iv)(A) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration''; and
0
g. Paragraph (e)(4)(iv)(B)(5) is amended by removing the words ``notify 
Customs'' and adding in their place the words ``notify CBP''.


Sec.  24.26  [Amended]

0
11. In Sec.  24.26:
0
a. Paragraph (b) is amended:
0
(i) by removing the words ``the Financial Management Services Center, 
U.S. Customs Service, 6026 Lakeside Boulevard, Indianapolis, Indiana 
46278:'' and adding in their place the words ``the National Finance 
Center, U.S. Customs and Border Protection, Office of Administration, 
Revenue

[[Page 73309]]

Division, 6650 Telecom Drive, Suite 100, Indianapolis, IN 46278:''; and
0
(ii) by removing the words ``Customs assigned number)'' and adding in 
their place the words ``CBP assigned number)'';
0
b. Paragraphs (c), (d), and (g) are amended by removing the words ``the 
Financial Management Services Center'' each place these words appear 
and adding in their place the words ``the National Finance Center''; 
and
0
c. Paragraphs (a), (c), (d), (e)(1), and (f) are amended by removing 
the word ``Customs'' each place it appears and adding in its place the 
term ``CBP''.

PART 101--GENERAL PROVISIONS

0
12. The general and specific authority citations for part 101 continue 
to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 
3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 
1646a.
* * * * *
    Section 101.9 also issued under 19 U.S.C. 1411-1414.


Sec.  101.9  [Amended]

0
13. In Sec.  101.9:
0
a. Paragraph (a) is amended:
0
(i) In the first sentence, by removing the words ``Commissioner of 
Customs'' and adding in its place the words ``Commissioner of CBP'' and 
by removing the words ``Customs Regulations'' and adding it its place 
the words ``CBP regulations''; and
0
(ii) in the second sentence, by removing the word ``shall'' and adding 
in its place the word ``will'';
0
b. Paragraph (a)(2) is amended by removing the word ``shall'' wherever 
it appears and adding in each place the word ``will'';
0
c. Paragraph (b) is amended:
0
(i) In the first sentence, by removing the phrase ``as described in 
section 411(a)(2) of the Tariff Act of 1930 (19 U.S.C. 411),'' and 
adding in its place the phrase ``as described in section 411(a)(2) of 
the Tariff Act of 1930, as amended (19 U.S.C. 1411),''; by removing the 
words ``the Commissioner of Customs'' and adding in their place the 
words ``the Commissioner of CBP''; and by removing the words ``Customs 
Regulations'' and adding in their place the words ``CBP regulations''; 
and
0
(ii) in the second sentence, by removing the word ``shall'' and adding 
in its place the word ``will'';
0
d. Paragraph (b)(1) is amended by removing the word ``shall'' wherever 
it appears and adding in each place the word ``will''; and
0
e. Paragraph (b)(2) is amended by removing the word ``shall'' and 
adding in its place the word ``will''.

PART 102--RULES OF ORIGIN

0
14. 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.  102.20  [Amended]

0
15. In the table in Sec.  102.20,
    a. In paragraph (f), titled ``Section VI: Chapters 28 through 38'', 
the entry for 2933.11-2934.99 is amended by removing the tariff numbers 
``2933.11-2934.99:'' that are set forth before the sentence that begins 
with the words, ``A change to'' in the column headed, ``Tariff shift 
and/or other requirements''; and
    b. In paragraph (q), titled ``Section XVIII: Chapters 90 through 
92,'' the entry for 9001.10 is amended by removing the phrase ``or 
glass performs of heading 7002'' in the column headed, ``Tariff shift 
and/or other requirements'' and adding in its place the phrase ``or 
glass preforms of heading 7002''.

PART 127--GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE

0
16. The general authority citation for part 127 continues to read as 
follows:

    Authority:  19 U.S.C. 66, 1311, 1312, 1484, 1485, 1490, 1491, 
1492, 1493, 1506, 1559, 1563, 1623, 1624, 1646a; 26 U.S.C. 5753.
* * * * *


Sec.  127.43  [Amended]

0
17. Section 127.43(e) is amended by removing the words ``Office of 
Finance'' wherever they appear and adding in each place the words 
``Office of Administration''.

PART 159--LIQUIDATION OF DUTIES

0
18. The general authority citations for part 159 and subpart F are 
revised, and a specific authority citation for subpart D is added, to 
read as follows:

    Authority:  19 U.S.C. 66, 1500, 1504, 1624.

* * * * *
    Subpart D also issued under 19 U.S.C. 1671 et seq.
    Subpart F also issued under 19 U.S.C. 1675c.
* * * * *


Sec.  159.41  [Amended]

0
19. Section 159.41 is amended:
0
(i) by removing the number ``353'' and adding in its place the number 
``351''; and
0
(ii) by removing the word ``shall'' and adding in its place the word 
``will''.


Sec.  159.47  [Amended]

0
20. Section 159.47 is amended:
0
(i) by removing the number ``353'' and adding in its place the number 
``351''; and
0
(ii) by removing the word ``shall'' and adding in its place the word 
``will''.


Sec.  159.63  [Amended]

0
21. Section 159.63(a) is amended by removing the words ``Office of 
Finance'' and adding in their place the words ``Office of 
Administration''.

PART 161--GENERAL ENFORCEMENT PROVISIONS

0
22. The general authority citation for part 161 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1600, 1619, 1624.
* * * * *


Sec.  161.16  [Amended]

0
23. In Sec.  161.16:
0
a. Paragraph (a) is amended by removing the word ``shall'' and adding 
in its place the word ``must'';
0
b. Paragraph (b) is amended, by removing the words ``Customs Form 
4623'' and adding in it place the words ``DHS Form 4623''; by removing 
the words ``Special Agent in Charge'' wherever they appear and adding 
in their place the words ``Special Agent in Charge, U.S. Immigration 
and Customs Enforcement, Homeland Security Investigations''; and by 
removing the words ``Customs Headquarters'' wherever they appear and 
adding in their place the words ``CBP Headquarters''; and
0
c. Paragraph (b) is further amended:
0
(i) in the first sentence, by removing the first occurrence of the word 
``shall'' and adding in its place the word ``must''; and by removing 
the second occurrence of the word ``shall'' and adding, in its place, 
the word ``will''; and
0
(ii) in the second sentence, by removing the word ``shall'' wherever it 
appears and adding in each place the word ``will''.

PART 177--ADMINISTRATIVE RULINGS

0
24. The general authority citation for part 177 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States), 1502, 1624, 1625.


Sec.  177.13  [Amended]

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25. In Sec.  177.13:

[[Page 73310]]

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a. The section heading is revised to read as set forth below;
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b. Paragraph (a) introductory text is amended by removing the word 
``Customs'' each place it appears and adding in its place the term 
``CBP'';
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c. Paragraph (a)(2) introductory text is amended by removing the word 
``shall'' and adding in its place the word ``will'';
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d. Paragraph (a)(2)(i) is amended, in the first sentence, by removing 
the reference ``(19 U.S.C. 1514(c)(1))'' and adding in its place the 
reference ``(19 U.S.C. 1514(c)(2))'';
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e. Paragraph (b)(1) is amended by removing the word ``shall'' and 
adding in its place the word ``must'';
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f. Paragraph (b)(2) is amended, in the first sentence, by removing the 
term ``Customs'' and adding in its place the word ``CBP''; and by 
removing the words, ``Customs Service'' wherever it appears and adding 
in its place the term ``CBP'';
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g. Paragraphs (c) and (f) are amended by removing the word ``shall'' 
and adding in its place the word ``will'';
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h. Paragraph (d) is amended:
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(i) in the first and second sentences, by removing the term ``the 
Customs Service'' and adding in its place the term ``CBP''; and
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(ii) in the third sentence by removing the words, ``Customs offices)'' 
and adding in their place the words ``CBP offices)''; and
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i. Paragraph (f) is amended, by removing the word ``shall'' and adding 
in its place the word ``will'' and by removing the term ``Customs 
Service'' and adding in its place the term ``CBP''.
    The revision reads as follows:


Sec.  177.13  Inconsistent CBP decisions.

* * * * *

    Dated: November 26, 2012.
David V. Aguilar,
Deputy Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-29632 Filed 12-7-12; 8:45 am]
BILLING CODE 9111-14-P