[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.
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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repealed by Sec. 1115(a) of the Coast Guard Authorization Act of 1996,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]
0
25. In Sec. 177.13:
[[Page 73310]]
0
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'';
0
c. Paragraph (a)(2) introductory text is amended by removing the word
``shall'' and adding in its place the word ``will'';
0
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'';
0
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'';
0
g. Paragraphs (c) and (f) are amended by removing the word ``shall''
and adding in its place the word ``will'';
0
h. Paragraph (d) is amended:
0
(i) in the first and second sentences, by removing the term ``the
Customs Service'' and adding in its place the term ``CBP''; and
0
(ii) in the third sentence by removing the words, ``Customs offices)''
and adding in their place the words ``CBP offices)''; and
0
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